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.

#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

It's #casetalkTuesday! Today we applaud the Legal Aid SA Mokopane Satellite Office and a matter handled by District Court Legal Practitioner Fortunate Rapakgadi. BACKGROUND - Our client was charged with the theft of a motor vehicle engine. - The State relied on the evidence of a security guard who allegedly saw the accused running while carrying the engine. - The security guard alleged that after giving chase, he had apprehended our client and called the police. - Our client's version was that he was arrested by the police while walking on the street. WHAT HAPPENED IN COURT? - Fortunate cross-examined the security guard on the improbability of our client running while carrying the engine of a motor vehicle. - She argued that it was impossible for a human being to run while carrying an engine, due to its weight. OUTCOME The court was persuaded and our client was acquitted. Fortunate ensured that the rights enshrined in section 35 of the Constitution - the rights of arrested, detained and accused persons - were made real for our client. Proudly #legalaidsa

It's #casetalkTuesday! Today we applaud the Legal Aid SA Port Shepstone Local Office and a matter handled by District Court Legal Practitioner Lungile Duma. BACKGROUND - The accused was charged with culpable homicide and 2 alternative counts of reckless and negligent driving. - It was alleged that he caused a collision with the deceased through negligent driving of his vehicle. - Our client's version was that his brakes had failed and he had swerved in the direction of the pavement to try stop the vehicle. WHAT HAPPENED IN COURT? - The investigation team did not investigate the mechanical condition of the car, even after they became aware of the version of our client. - Lungile reminded the court of our client's version of events - his vehicle's brakes had failed and the car had swerved as he attempted to stop it. OUTCOME The court found the version of the accused to be reasonably possibly true and he was acquitted. Lungile ensured that the rights enshrined in the Constitution were made real for our client. Proudly #legalaidsa

Incredible! The #SCA has set aside the commercial approval of a drought-tolerant genetically modified variety of maize by #Monsanto, now Bayer. Well done African Centre for Biodiversity and Legal Aid South Africa. 'This is the first judicial decision concerning #GMO decision-making in South Africa and “as such is precedent-setting”, the ACB said.

It's #casetalkTuesday! Today we applaud the Legal Aid SA Bellville Local Office, and a matter handled by Civil Legal Practitioner Janine Pretorius. BACKGROUND - Legal Aid SA is on record for 2 minor children aged 9 and 6 years old, by appointment of the Children's Court. - Their mother is deceased and they were removed from their father’s care in September 2021 in terms of section 152(1) of the Children's Act 38 of 2005, because they lived in or were exposed to circumstances which may seriously harm their physical, mental or social well-being. They were placed in the temporary safe care of their maternal grandparents. - The Court confirmed the removal and ordered an investigation into whether the children are in need of care and protection. - The father was uncooperative with the investigation. He was aggressive and adamant that the children must be placed back in his care. WHAT HAPPENED IN COURT? - Janine found that the father remained uncooperative with the investigation into the best interest of the children. - She consulted extensively with the children and supervised a contact visit the children had with their father. Janine found that the children expressed the view, both verbally and through body language, that they do not want to live with him or sleep over by him. They just want day visits. - Janine argued that although the children are young, their views remain important as expressed in the various ways in which they engaged with their father. She argued that the children should be placed in the foster care of their maternal grandparents to provide stability, that contact with the father should continue and that the children go for therapy. OUTCOME The Court accepted the recommendation and the children were placed in the foster care of their maternal grandparents for 2 years with various orders regarding contact and therapy. In this matter, Janine enforced the rights of the voice of the child in proceedings about them by ensuring that the Court not only heard the wishes of the children as verbally expressed but also as expressed through their behaviour and actions. Proudly #legalaidsa

Legal Aid SA is hiring! We are seeking to fill these vacancies: National Office – Procurement Officer National Office – Paralegal – Client Call Centre (Sign Language) National Office – Forensic Auditor National Office – Assistant Internal Auditor For more information on the requirements and closing date for each position, and to apply, visit our website: https://lnkd.in/dDtBBxA #legal #hiring #vacancies