If you cannot afford the services of an attorney there are various options:
Legal Aid South Africa
Legal Aid South Africa derives its mandate from s 35 of the Constitution. In terms of this section, every person who is arrested, detained or accused has a right to a fair trial, which includes the right to have a legal practitioner assigned by the State and at State expense. Legal Aid South Africa’s role is to provide legal aid to those who cannot afford their own legal representation. This includes poor people and vulnerable groups such as women, children and the rural poor. Legal Aid SA applies a ‘means test’ to see whether you qualify in terms of what you earn. For example, employed individuals must earn less than R5 500 per month after tax has been taken off to qualify for legal aid.
Pro bono (free) legal services by attorneys
Pro bono is administered by the Legal Practice Council where attorneys are registered.
How do you qualify for a pro bono (free) attorney?
To qualify for free legal assistance, a person must comply with a ‘means test’ (a maximum monthly or no income) and have a legal problem with merit. You will be referred to an attorney by the Legal Practice Council who will assist you free of charge (pro bono).
If a referral is made to a pro bono attorney, the client is responsible only for the cost of disbursements (actual expenses), such as Sheriffs’ fees, and the attorney will not charge any fees for the work and legal services provided.
Where do I find a pro bono attorney?Access the Legal Practice Council webiste at https://lpc.org.za/members-of-the-public/
Other organisations offering pro bono services:
South African Society for Labour Law (SASLAW): For labour law matters: www.saslaw.org.za/index.php/pro-bono
Services on a contingency fee basis by attorneys
Many attorneys are prepared to undertake civil litigation (such as personal injury and motor vehicle accident claims) on a contingency (no-win-no-fee) basis for persons who may not qualify for pro bono assistance. This is subject to the provisions of the Contingency Fees Act. Ask your attorney whether he/she works on a contingency basis.