Access to justice is a constitutional right in South Africa. Yet, for many people, the high cost of private legal services makes hiring a lawyer impossible. If you are facing eviction, criminal charges, divorce proceedings, or any other legal matter but cannot afford an attorney, Legal Aid South Africa (Legal Aid SA) and other resources can help.
This guide explains how to qualify for legal aid, what cases are covered, how to apply, and what alternatives exist if you are not eligible. By the end, you’ll know the practical steps to take to secure legal help at little or no cost.
Why Legal Aid Matters in South Africa
South Africa’s Constitution guarantees everyone the right to a fair trial and access to justice. Section 35 states that an accused person has the right to legal representation and that if they cannot afford one, legal assistance must be provided at state expense if “substantial injustice would otherwise result.”
For civil cases, Section 34 provides that “everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court.”
Legal aid ensures that justice is not reserved only for the wealthy but also accessible to vulnerable groups such as:
- Low-income workers
- The unemployed
- Women in domestic violence cases
- Children in criminal or custody matters
- People facing serious criminal charges
What is Legal Aid South Africa?
Legal Aid South Africa (Legal Aid SA) is a state-funded public entity established by the Legal Aid South Africa Act of 2014. Its mandate is to provide professional legal services to those who cannot afford private lawyers.
Legal Aid SA operates through:
- 64 local offices across the country
- 64 satellite offices in communities
- Legal Aid advice lines (for free telephonic legal advice)
- Partnerships with private lawyers who take on cases for a reduced fee
Its mission is to promote constitutional rights and ensure that poor and vulnerable people receive quality legal representation.
Who Qualifies for Legal Aid in South Africa?
Eligibility for legal aid is determined by a means test (financial assessment) and the type of case.
1. The Means Test: Income Limits
To qualify for Legal Aid SA, your household income and assets must fall below certain thresholds:
- Single person: If your income is less than R8,000 per month (after tax and deductions), you may qualify.
- Married person/household: Combined household income must be less than R9,000 per month.
- Assets: If you own property, the value (excluding your primary residence) should not exceed R640,000. Your car should not be worth more than R150,000.
People on social grants (SASSA grants) automatically qualify without further financial assessment.
2. The Type of Case: Matter Must Have Merit
Legal Aid SA prioritises cases where:
- Criminal matters: If you are accused of a serious offence that may lead to jail time.
- Children’s matters: Any case involving children (e.g., custody, maintenance, criminal charges).
- Family law: Divorce, domestic violence, maintenance, guardianship.
- Housing and eviction: Cases where you may lose your home.
- Labour disputes: Unfair dismissal or exploitation.
- Land claims and farm evictions: Especially under the Extension of Security of Tenure Act.
Cases not usually covered include:
- Business disputes
- Defamation lawsuits
- Cases with little chance of success
How to Apply for Legal Aid
The process of applying is straightforward. Here are the steps:
Step 1: Gather Required Documents
You will need:
- A valid South African ID or passport
- Proof of income (pay slip, UIF documents, or affidavit if unemployed)
- Proof of residence (e.g., utility bill)
- Details of your legal matter (court documents, summons, case number if available)
Step 2: Visit Your Nearest Legal Aid Office
You can locate your nearest office via:
- Legal Aid SA Website
- Calling the Legal Aid Advice Line: 0800 110 110 (toll-free)
- Sending a Please Call Me to 079 835 7179
Walk-ins are accepted, and in urgent criminal cases, Legal Aid SA often provides assistance immediately.
Step 3: Undergo the Means Test
The office will assess your financial situation. If you qualify, you’ll be assigned a lawyer at no cost.
Step 4: Case Assessment
Legal Aid SA will evaluate whether your case has legal merit. If accepted, a lawyer will represent you in court.
Free Legal Advice Options
Even if you don’t qualify for full legal representation, you can still get free legal advice:
- Legal Aid Advice Line (0800 110 110): Offers free telephonic legal advice in all 11 official languages.
- Community Advice Offices: Run by NGOs and paralegals, offering walk-in assistance.
- University Law Clinics: Many universities (UCT, Wits, UP, UJ, UKZN) run law clinics staffed by supervised law students offering free services.
- Pro Bono Lawyers: The Legal Practice Council requires attorneys to do pro bono work annually. Contact your local provincial law society to find participating lawyers.
What to Do If You Don’t Qualify for Legal Aid
If you fail the means test or your case is outside Legal Aid SA’s scope, consider:
- Approaching a university law clinic – These often take civil and family law cases.
- Seeking pro bono attorneys – Check the ProBono.org network or the Legal Practice Council.
- Using mediation services – For family or small civil disputes, mediation may resolve issues faster and at low cost.
- NGO assistance – Organisations like Section27, Women’s Legal Centre, and Legal Resources Centre focus on specific human rights and social justice issues.
Tips for Working with Legal Aid Lawyers
- Be honest and transparent: Provide full details of your case.
- Keep records: Store all documents, receipts, and communication.
- Stay in touch: Update your lawyer about any changes in your situation.
- Prepare questions: Write down what you don’t understand before meetings.
- Be realistic: Legal Aid has limited resources; not every case can be pursued.
Advantages of Legal Aid
- Free or low-cost representation for those who cannot afford private lawyers.
- Wide coverage: Criminal, family, housing, labour, and children’s cases.
- Accessible: Offices across the country and free advice lines.
- Multilingual: Services in all official languages.
Limitations of Legal Aid
- Not all cases accepted: Commercial disputes and frivolous claims are excluded.
- Means test excludes some: Lower-middle income earners may not qualify, yet still struggle to pay private lawyers.
- Heavy caseloads: Lawyers may be overburdened, which can affect turnaround time.
Frequently Asked Questions
1. Can I get Legal Aid for divorce in South Africa?
Yes, especially if children are involved or you are financially disadvantaged.
2. Is Legal Aid free for everyone?
No. It is free only if you pass the means test or receive a social grant. Otherwise, you may pay a reduced contribution.
3. Do I need to be a South African citizen?
Not necessarily. Non-citizens can apply if their case is in South African courts and they meet the means test.
4. Can I choose my Legal Aid lawyer?
Generally, lawyers are assigned. However, if you have a valid reason, you can request a change.
5. What if Legal Aid refuses my case?
You can appeal the decision, seek university clinics, or approach pro bono organisations.
Conclusion
Legal problems can be overwhelming, but in South Africa, you do not need to face them alone simply because you cannot afford a lawyer. Legal Aid South Africa, university clinics, NGOs, and pro bono attorneys all exist to protect your constitutional right to access justice.
If you find yourself in a difficult situation, start by contacting the Legal Aid Advice Line (0800 110 110) or visiting your nearest office. Bring your documents, explain your case, and undergo the means test. Even if you don’t qualify for full representation, you can still access free advice or alternative legal support.
Justice should never depend on the size of your bank account. With the resources outlined here, you can take meaningful steps to secure the legal assistance you need.
