Legal Aid South Africa

REMINDER: You do not pay for legal aid. Legal Aid SA's services are tax-payer funded. We are mandated to provide legal representation (in specified matters) and legal advice, at no cost. If you are asked to pay for legal aid through any form of communication - an SMS or WhatsApp, phone call, email or a consultation - please report this to our independent and toll-free Fraud and Ethics Hotline: 0800 153 728.

Today is International Human Rights Day, marking the anniversary of the adoption of the Universal Declaration of Human Rights by the United Nations General Assembly in 1948. The day serves as a reminder of our shared responsibility to promote and protect the rights and dignity of all individuals, everywhere. International Human Rights Day is an opportunity for each of us to reflect on the fundamental freedoms we are entitled to, such as the right to equality, freedom of expression and of course, access to justice. It also highlights the ongoing efforts to combat discrimination, violence and inequality, and calls on us to stand in solidarity with those whose rights are at risk. It is fitting that the Chairperson of the Board of Legal Aid SA, Deputy Judge President Nobolao Martha Mbhele, and our National Operations Executive, Mr Ntsumbedzeni Nemasisi are currently attending a United Nations Expert Group Meeting on Equal Access to Justice for All, in Brasilia, Brazil. The Meeting's purpose is to share information on challenges, lessons learned, best practices and enabling factors needed to enhance the functioning of criminal justice systems to ensure equal access to justice for all. We stand for human rights - for all. Proudly #legalaidsa

It's a #16DaysofActivism #casetalkTuesday and our last one for the year - today we applaud the Legal Aid SA Umlazi Local Office and a matter handled by Civil Legal Practitioner Nombuso Mzimela. BACKGROUND - Our client requested assistance with a Domestic Violence Protection Order application she had brought against her uncle at the Umbumbulu Magistrate's Court. She is the Applicant and her uncle is the Respondent. - The allegations that the Applicant levelled against the Respondent is that he was physically, verbally and emotionally abusive towards the Applicant as well as other members of the family. - The issues stemmed from property that belonged to the Applicant's mother, who is now deceased, which the Respondent felt entitled to as the now patriarch of the family. - The Respondent demanded that the Applicant leave her home and go to her father's home, going as far as to damage the RDP house. WHAT HAPPENED IN COURT? - The Court raised the question of whether, in a Domestic Violence Protection Order application, the Court can deal with issues relating to a property dispute. Is there an appropriate order that a Domestic Violence Court can make with respect to the property dispute? - Nombuso argued that the Court is able to grant a Protection Order focusing on the behaviour of the parties. Any ancillary property disputes must be ventilated in the appropriate forum and there is no need for the Court to wait for same to be finalised before it grants the Protection Order. OUTCOME The Court agreed and granted a Protection Order to our client. This matter illustrates how a property dispute can cloud judgment when considering whether domestic violence occurred. Nombuso proved there is domestic violence and a constant threat of future domestic violence, should the Protection Order not be granted. With property and family disputes being seen more regularly, this matter shows how Legal Aid SA can assist during #16DaysofActivism and beyond. Proudly #legalaidsa

#goodnewsFriday This past Tuesday, 3 December, was the International Day of Persons with Disabilities - Administration Officer at the Legal Aid SA Potchefstroom Local Office, Michael Makhuparetja Ngoepe, speaks about his experience as a person with disability working for Legal Aid SA. His message emphasises the importance of "Nothing About Us Without Us”, highlighting participation, representation and inclusion of persons with disabilities. Proudly #legalaidsa

NOTICE OF DECEMBER CLOSURE Please note that Legal Aid SA offices will be closed from 12pm on Friday, 13 December 2024 and will reopen at 8am on Tuesday, 7 January 2025. The toll-free Legal Aid Advice Line (0800 110 110) will be available during the closure period, on weekdays from 7am-7pm, except on official public holidays.

It's a #16DaysofActivism #casetalkTuesday - today we applaud the Legal Aid SA Bloemfontein Local Office and a matter handled by Civil Principal Legal Practitioner Petrus Lamprecht. BACKGROUND - Legal Aid SA represented 2 minor children, aged 20 months and 9 months. - Both children were taken away from their biological parents by social workers as the parents were involved in conduct relating to drug abuse. - The children were found to be seriously neglected. - There was an attempt by the biological mother to sell 1 of the children for R45,000. Criminal charges of human trafficking were opened against her. - The biological father also has several charges against him involving drug trafficking, assault, theft and possession of stolen property. - The maternal and paternal grandparents are not conducive for the placement of their grandchildren as they all have either current or past issues with drug involvement. WHAT HAPPENED IN COURT? - Petrus set out to secure the best interest of the minor children by arranging foster care placement and having all parental rights and responsibilities of the parents terminated, in terms of section 28 of the Children’s Act. - The parents opposed both interventions and demanded to have the children placed back in their care. - Petrus persisted. Although very drastic and limiting to the parents, termination of parental rights and responsibilities was in the best interest of the children in these particular circumstances. OUTCOME The Court agreed and granted an order that the parental rights and responsibilities are terminated and the placement of the children with third parties was confirmed. Petrus continues to work on possible adoption by foster care parents to ensure stability for the minors. This matter demonstrates the notion of children first, espoused in our law. Petrus ensured that these 2 minor children had their rights protected - all the more meaningful during the #16DaysOfActivism campaign. Proudly #legalaidsa

#WorldAIDSDay We unite in global solidarity under the theme Take the rights path: My health, my right! to reaffirm our collective commitment to the fight against HIV/AIDS. Legal Aid SA celebrates the rights of all individuals to live healthy lives free from HIV and recognises the barriers that still prevent millions from accessing the care, treatment and support they deserve. The theme Take the rights path: My health, my right! calls attention to the fundamental human rights of everyone, especially those most vulnerable to HIV, to access essential health services. This includes testing, treatment, prevention and education, regardless of who they are, where they live, or their socio-economic status. Health is not a privilege - it is a right. Legal Aid SA, in partnership with the South African National AIDS Council, provides legal advice and assistance to people who are discriminated against or stigmatised for their real or perceived HIV/AIDS or TB status. Call the toll-free Legal Aid Advice Line on 0800 110 110 or send a Please Call Me to 079 835 7179 and we will call you back. Available Monday-Friday, 7am-7pm. We will provide you with legal advice at no cost.

The Legal Aid SA Stellenbosch Local Office joined a #16DaysOfActivism GBV Silent March this morning, in collaboration with the Thuthuzela Care Centre and Paarl Magistrate's Court. The community engaged with justice stakeholders and learned more about how we can assist in gender-based violence and femicide matters. Proudly #legalaidsa

Legal Aid SA has been busy this week, sharing information with the public on gender-based violence and femicide, as part of #16DaysOfActivism. The Legal Aid SA Kariega Local Office, along with other stakeholders, spoke with Kwa Nobuhle residents on the plight many women and children face. Speakers encouraged attendees to stand up for themselves and seek help when they find themselves being abused emotionally, physically or mentally. Community members left empowered with legal knowledge. Proudly #legalaidsa

It's a #16DaysOfActivism2024 #casetalkTuesday - today we applaud the Legal Aid SA Bellville Local Office and a matter handled by Regional Court Legal Practitioner Carmelita Samuels. BACKGROUND - Our client was charged with the murder of her domestic partner. - The State alleged that our client stabbed the deceased with a knife, causing his death. The postmortem report confirmed the cause of death as a stab wound to the chest. - Our client’s instructions were that the deceased regularly emotionally and physically abused her. - She further instructed that on the day of the incident, the deceased was verbally abusive, as he had been countless times prior to the incident. - When she wanted to leave the house in order to avoid the verbal abuse escalating to physical abuse, the deceased grabbed her by her hair. The deceased then grabbed her around her throat and started choking her. He then lifted her up and held her against the door, while still choking her. - Our client struggled to breathe and started grabbing for something to defend herself. She grabbed an object/utensil from a container on a cupboard near the door the deceased was still holding her against. - When the deceased saw the object in our client’s hand, he tried to grab it from her and as he pulled her hand towards him he was stabbed. WHAT HAPPENED IN COURT? - Carmelita realised that this incident was connected to the history of abuse the client suffered at the hands of the deceased. - The strategy on trial was to illustrate the history of abuse as the basis for self- defence. - The State did not have any direct eye witnesses to the incident and only called a single witness. During cross-examination the witness confirmed the years of emotional and physical abuse our client endured from the deceased. - After closure of the State’s case, the defence applied for discharge of the client in terms of section 174 of the Criminal Procedure Act. OUTCOME The court granted discharge of our client in terms of section 174 and she was acquitted. Our client was very grateful for the legal assistance she received. Carmelita's stellar work contributes to safeguarding our society against violence and abuse inflicted upon women - all the more meaningful during the #16DaysOfActivism2024 campaign. Proudly #legalaidsa