Legal Q&A

Right to a Lawyer and Legal Aid in South Africa

If you cannot afford a lawyer in a criminal case, the state must provide one for you. Legal Aid SA provides free legal representation at all courts. Here is how to access it.

Free South African Law

Direct Answer

Section 35(3)(g) of the Constitution gives every accused person the right to have a legal practitioner assigned by the state if substantial injustice would otherwise result. Legal Aid SA provides free legal representation at criminal courts for qualifying accused — apply at the court or call 0800 110 110.

What the Law Says

Your Legal Foundation

Constitution of South Africa

Section 35(2)(b)

“Everyone who is detained has the right to choose and consult with a legal practitioner, and to be informed of this right promptly.”

Constitution of South Africa

Section 35(3)(g)

“Every accused person has the right to a fair trial, which includes the right to have a legal practitioner assigned to the accused person by the state and at state expense if substantial injustice would otherwise result.”

Legal Aid SA Act 39 of 2014

Section 3

“Legal Aid South Africa must provide legal aid to persons qualifying for such aid in accordance with this Act and the means test.”

What to Do

Step-by-Step Guide

1At arrest, tell the police you cannot afford a lawyer and request Legal Aid. They must facilitate this.
2At your first court appearance, tell the magistrate you require a Legal Aid lawyer. The court has a Legal Aid office or officer on duty.
3You will be means-tested — Legal Aid is for people who cannot afford private legal representation. This is assessed against your income and assets.
4If Legal Aid is refused, ask the magistrate for reasons. You can also call Legal Aid SA directly on 0800 110 110 to appeal or enquire.
5Legal Aid covers: criminal trials, bail applications, appeals, and constitutional matters. It also covers civil matters such as divorce, eviction, and children's court proceedings for qualifying persons.

What to Say

Exact Words to Use

“"I cannot afford a private legal practitioner. I request that Legal Aid be arranged for me in terms of Section 35(3)(g) of the Constitution and the Legal Aid SA Act."”

Tone: Say clearly to magistrate at first appearance

Common Questions

Frequently Asked Questions

What does "substantial injustice" mean?

Courts interpret this broadly in serious cases. If you face imprisonment, the risk of substantial injustice is high and the state must provide a lawyer. In minor matters, unrepresented accused may be guided by the magistrate, but this does not replace proper legal representation.

Can I choose my own Legal Aid lawyer?

Legal Aid SA assigns practitioners from their panel or in-house staff. You cannot choose a specific private attorney and then bill Legal Aid. However, you can ask for a different Legal Aid practitioner if there is a genuine conflict of interest.

Get Help Now

Resources & Helplines

Legal Aid SA

0800 110 110

Apply for free legal aid — criminal and civil matters.
Justice Centre

Via Legal Aid SA

Walk-in Legal Aid centres at most major courts.

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