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We provide professional legal advice and representation to those who can’t afford it
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It is important that we make sure the people we help need our assistance the most
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We perform a Means Test to determine if you qualify for legal aid assistance
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46,714
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 Waterberg Wave FM (92.8 FM) TONIGHT from 7:30pm to hear Supervisory Legal Practitioner Adv. Dibatsela Maabane from the Legal Aid SA Modimolle Local Office discussing acquisitive prescription with regard to land and its impact on eviction applications #KnowYourRights ![]()
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Proudly #legalaidsa
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 bail #KnowYourRights![]()
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Proudly #legalaidsa
TUNE IN to Phalaphala FM : Ri Na NWI Misi yothe (87.9-107.8 MHz / DStv channel 811) TONIGHT from 8pm to hear the Head of the Legal Aid SA Louis Trichardt Local Office, Elton Makhadi, discussing drunk driving #KnowYourRights ![]()
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Proudly #legalaidsa
TUNE IN to CapricornFM (96.0 FM / DStv channel 884) TONIGHT from 7:30pm to hear Legal Practitioner Mpho Mathabathe from the Legal Aid SA Polokwane Local Office discussing paternity testing #KnowYourRights![]()
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Proudly #legalaidsa
It�#casetalkTuesdayesday! Today we applaud the Legal Aid SA Newcastle Local Office, and a matter handled by Regional Court Legal Practitioner Lindokuhle Mpangase.![]()
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BACKGROUND![]()
- Our client was charged with 1 count of murder.![]()
- The allegations were that on 10 September 2022, he killed the deceased by stabbing him.![]()
- The State further alleged that section 51(2) of Act 105 of 1997 - the Criminal Law Amendment Act - was applicable.![]()
- The brief facts are that the accused had a tenant who was a friend of the deceased. There was an issue regarding rent that was not paid and the deceased got involved in that argument. It appears that the argument was resolved and later that day the deceased saw the accused at the bottle store and confronted him about the earlier incident. A fight broke out between them and the accused stabbed the deceased to death. There was no eye witness in the matter except the friend of the deceased who testified that he was alerted that the accused and deceased were fighting.![]()
- When the friend came out of the tavern he saw both the accused and the deceased injured.![]()
- There were no allegations that the offence was planned or premeditated.![]()
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WHAT HAPPENED IN COURT? ![]()
- The State led evidence in the form of video footage depicting the fight. The challenge that the State had was that the video footage clearly showed the deceased being an aggressor and did not show the place where the fatal stabbing took place.![]()
- The other witnesses called by the State were 2 Police Officers who arrested the accused at the hospital. They admitted that he was injured but downplayed the extent of his injuries as minor.![]()
- The doctor who conducted a post-mortem examination on the body of the deceased conceded that some of the injuries he found could not only be analysed as defensive but as offensive as well.![]()
- The State Prosecutor tried to argue that our client had the knife with him because he anticipated an altercation between his tenant and/or the deceased, but we asked the court to find no merit in that argument.![]()
- If that was the State's argument, they should have charged the accused in terms of section 51(1) instead of section 51(2) of Act 105 of 1997.![]()
- Lindokuhle submitted that the assertion that the offence was planned or pre-meditated should be dismissed, arguing that the accused should be acquitted as the State's case should be rejected.![]()
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OUTCOME![]()
After the argument/address on merits, our client was found not guilty. The court accepted that our client was acting in self-defence.![]()
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Lindokuhle ensured that the rights enshrined in the Constitution were made real for our cl#legalaidsadly #legalaidsa