Criminal Law
Legal Aid
Legal aid means free or subsidised legal representation for people who cannot afford a lawyer. In criminal cases the state must provide a legal representative if this is in the interests of justice.
Legal Definition
Section 35(3)(g) of the Constitution gives every accused the right to have a legal practitioner assigned at state expense if they cannot afford one and if substantial injustice would otherwise result. Legal Aid South Africa administers this service.
📖 Constitutional / Statutory Basis: Section 35(3)(g), Constitution of the Republic of South Africa, 1996
Practical Example
You face a rape charge and cannot afford an advocate. You apply for Legal Aid; the court assigns a state attorney at no cost to represent you throughout the trial.
Frequently Asked Questions
Who qualifies for Legal Aid South Africa?
People whose income falls below Legal Aid SA's means test threshold. Indigent accused in serious criminal matters are prioritised.
Is legal aid only for criminal cases?
No. Legal Aid SA also assists with certain civil matters — maintenance, domestic violence, employment, and children's matters.
How do I apply for legal aid?
Visit your nearest Legal Aid SA office or ask the clerk of the court. You may also call the Legal Aid SA advice line: 0800 110 110 (toll-free).
Related Terms
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