What is Legal Aid SA?

We provide professional legal advice and representation to those who can’t afford it

How can I get legal aid?

It is important that we make sure the people we help need our assistance the most

Do I qualify for legal aid?

We perform a Means Test to determine if you qualify for legal aid assistance

How can we help you?

Visit our Get Help section for more information on how we can help you

Selfhelp Portal

Visit our Selfhelp Portal for guides, information and advice on different legal matters

Media Centre

Our Media Centre contains media updates, press releases, speeches and publications

Work at Legal Aid SA

Visit our Career Portal to find out more about working at Legal Aid SA

Legal Aid SA Tenders

Vendor forms, supplier information and tender information is available in our Tenders section

African Network on Legal Aid

If you need more information on legal aid in Africa, visit this section

Lodge a Complaint

Unhappy with our service?
Lodge a complaint here

Find our Offices

View and find all our offices countrywide in
our Find Us section

Need Legal Advice?

Visit this section for our Advice Line information or to request our Advice team to contact you

Facebook

Cover for Legal Aid South Africa
46,961
Legal Aid South Africa

Legal Aid South Africa

Legal Aid South Africa provides professional legal advice and representation at no cost to those who can’t afford it.

TUNE IN to Setsoto FM (93.7 FM) TONIGHT from 6:30pm to hear Supervisory Legal Practitioner Matieho Tsiloane from the Legal Aid SA Ficksburg Satellite Office discussing the importance of having a legal representative in a court of law #KnowYourRights Proudly #legalaidsa ... See MoreSee Less
View on Facebook
Legal Aid SA is currently accepting applications for persons to serve as a Non-Executive Director of the Board of Directors for a period of 5 years effective from 1 April 2025, in terms of section 6 of the Legal Aid South Africa Act 39 of 2014.Applications close on 23 February 2025. To learn more and apply, visit: legal-aid.co.za/board-vacancy/ ... See MoreSee Less
View on Facebook
TUNE IN to Radio Namakwaland 93.4fm (93.4 FM / online at 934fm.co.za) TODAY from 9:30am to hear the Head of the Legal Aid SA Vredendal Local Office, Janus Roothman, discussing the basis of human rights protection in South Africa #KnowYourRights Proudly #legalaidsa ... See MoreSee Less
View on Facebook
It's #casetalkTuesday! Today we applaud the Legal Aid SA Kimberley Local Office and a matter handled by High Court Legal Practitioner in the Land Rights Management Unit, Masenyani Maluleke and Civil Legal Practitioner Xhanti Nana.BACKGROUND• This matter was before the Regional Court in Kimberley for an unopposed divorce before the Regional Court President, wherein Legal Aid SA acted on behalf of the Plaintiff, the husband.• Our client, the husband, sued for 50% pensionable interest from the Defendant.• The parties were married in community of property and 2 minor children were born from the marriage relationship.• The Regional Court questioned our client by asking when last he was employed and contributed towards the upbringing of the minor children. We objected to the line of questioning from the Court in that the questions were not relevant.• The Court held that since our client was claiming 50% of the Defendant's pension, the Court had a duty to protect the best interests of the minor children and their welfare.• Ultimately the Court refused our client's claim for 50% pensionable interest, reasoning that our client failed to satisfy the Court in terms of sections 6(1) and 7(8)(a)(i) of the Divorce Act read together with section 28(1) of the Constitution, detailing children's rights.• Following receipt of this order, Legal Aid SA approached our client for his instructions to appeal the order to the High Court Northern Cape Division, held in Kimberley.WHAT HAPPENED IN COURT?Legal Aid SA argued that:• Firstly, the Learned Magistrate failed to take into account that the matter appeared before him unopposed;• Secondly, the Defendant did not pray for forfeiture of benefits;• Thirdly, the Magistrate misdirected himself by refusing the application in terms of section 7(8)(a)(i) of the Divorce Act and;• Fourthly, the Court failed to take into account that the particulars of claim specifically provided that the maintenance of the minor children be referred to the Maintenance Court and same was endorsed by the Family Advocate.• The proper interpretation of section 7(8)(a)(i) of the Divorce Act is that the pensions are an asset of the marriage in community of property regime and are a direct consequence thereof. It follows that parties share equally if forfeiture is not pleaded.• Legal Aid SA further argued to the Court that the proper interpretation of section 6(1) of the Divorce Act provides that a Court shall not grant a divorce unless the Court is satisfied that the welfare of the minor children is affected, however, the Court failed to take into account sub-section (b) of the same Act, which provides that an enquiry must be instituted by the Family Advocate in terms of section 4(1)(a) or (2) of the Mediation in Certain Divorce Matters Act.• We therefore submitted before the full bench that the Family Advocate had investigated our summons and consulted with the relevant parties to the litigation and accordingly endorsed our summons and filed a report.• Therefore the Court misdirected itself by applying discretion to an issue which was already dealt with by the Family Advocate.• The main points on appeal were to the effect that Pension Fund interest has nothing to do with the maintenance of the minor children and that our client is entitled to 50% pension interest by view of the marriage in community of property.OUTCOMEA full bench of the High Court agreed with our client and our appeal succeeded.The order of the Regional Court in Kimberley was set aside and replaced with an order that our client is entitled to 50% of the Defendant's pensio#legalaidsaest.Proudly #legalaidsa ... See MoreSee Less
View on Facebook

X (Twitter)