OFFICE
OF THE PRESIDENT
-
- No. 634.
-
19 April 1996
-
- NO. 20 OF 1996: LEGAL AID
AMENDMENT ACT, 1996.
-
- It is hereby notified that
the President has assented to the following Act, which is hereby
published for general information:
-
GENERAL
EXPLANATORY NOTE:
-
- ** ** Words between
asterisks indicate omissions from existing enactments.
-
- << >> Words
between pointed brackets indicate insertions in existing
enactments.
-
ACT
-
OFFICE OF THE PRESIDENT No.
634.
-
19 April 1996
-
- NO. 20 OF 1996: LEGAL AID
AMENDMENT ACT, 1996.
-
- It is hereby notified that
the President has assented to the following Act, which is hereby
published for general information:
-
GENERAL
EXPLANATORY NOTE:
-
- ** ** Words between
asterisks indicate omissions from existing enactments.
-
- << >> Words
between pointed brackets indicate insertions in existing
enactments.
-
ACT
-
- To amend the Legal Aid
Act, 1969, so as to amplify the objects and powers of the
-
Legal Aid Board; to make
provision for a Legal Aid Guide; to determine guidelines for
granting legal aid; and to provide for the
appointment of additional
members to the Legal Aid Board; to provide that the Legal Aid Act,
-
1969, shall apply throughout
the Republic; to repeal corresponding laws in the former independent
states; and to provide for matters
connected therewith.
-
- (English text signed
by the President.) (Assented to 10 April 1996.)
-
BE IT ENACTED by the
Parliament of the Republic of South Africa, as follows:- Amendment
of section 3 of Act 22 of 1969, as amended
by section 1 of Act 47 of
-
1989
-
- 1. Section 3 of the Legal
Aid Act, 1969 (hereinafter referred to as the principal Act), is
hereby amended-
-
- (a) by the substitution
for the words preceding paragraph (a) of the
-
- "Legal Aid Guide
-
- <<3A. (1) (a)
Subject to the provisions of this Act and in order to
-
attain its objects and to
exercise its powers referred to in section
-
3(d) and (dA), the board
shall, in consultation with the Minister, include particulars of
the scheme under which legal aid is
rendered or made available and
the procedure for its administration in a guide called the Legal
Aid Guide.
-
- (b) The provisions of the
Legal Aid Guide shall be binding upon the board, its officers and
employees.
-
- (2) The board shall, in
addition to the submission of its annual report as contemplated in
section 9(11), submit the Legal Aid
Guide at least once every year
to the Minister and the Minister shall forthwith cause the Legal
Aid Guide to be tabled in the
National Assembly and the Senate for
ratification, and pending such ratification the Legal Aid Guide
then in operation shall
continue to apply.
-
- (3) Whenever the board
considers an application for the rendering of legal aid, other than
a matter referred to the board in
terms of
-
section 3B(1), and
whether the application is made in terms of section
-
25(1)(c) or (3)(e) of the
Constitution or otherwise, the board shall apply the provisions of
the Legal Aid Guide.>>
-
- Direction for legal aid
by court in criminal matters
-
<<3B.
(1) Before a court in criminal proceedings directs that a person be
provided with legal representation at State
expense, the court
shall-
-
- (a) take into account-
-
- (i) the personal
circumstances of the person concerned;
-
(ii)
the nature and gravity of the charge on which the person is to be
tried or of which he or she has been convicted, as
the case may
be;
-
- (iii) whether any other
legal representation at State expense is available or has been
provided; and
-
- (iv) any other factor
which in the opinion of the court should be taken into account;
and
-
- (b) refer the matter for
evaluation and report by the board.
-
- (2)(a) If a court refers
a matter under subsection (1)(b), the board shall, subject to the
provisions of the Legal Aid Guide,
evaluate and report on the
matter.
-
- (b) The report in
question shall be in writing and be submitted to the registrar or
the clerk of the court, as the case may
be, who shall make a copy
thereof available to the court and the person concerned.
-
- (c) The report shall
include-
-
- (i) a recommendation
whether the person concerned qualifies for legal representation;
-
- (ii) particulars
relating to the factors referred to in subsection
-
(1)(a)(i) and (iii); and
-
- (iii) any other factor
which in the opinion of the board should be taken into
account>>.".
-
Amendment of
section 4 of Act 22 of 1969, as amended by section 2 of Act 47 of
-
1989, section 1 of Act 1 of
1991 and section 9 of Act 139 of 1992
-
- 3. Section 4 of the
principal Act is hereby amended by the addition to subsection (1) of
the following paragraph:
-
- "<<(g) no
more than six members appointed by the President in consultation
with the Cabinet>>.".
-
- Amendment of section 5 of
Act 22 of 1969
-
- 4. Section 5 of the
principal Act is hereby amended by the substitution for subsection
(2) of the following subsection:
-
- "(2) The
**chairman** <<chairperson>> of the board may at any
time, and shall at the request in writing of
not less than **six**
<<eight>> members of the board, convene a special
meeting of the board, to be held at such
time and place as he <<or
she>> may determine.".
-
- Amendment of section 6 of
Act 22 of 1969
-
- 5. Section 6 of the
principal Act is hereby amended by the substitution for subsection
(1) of the following subsection:
-
- "(1) The quorum at
any meeting of the board shall be **six**
-
<<eight>> members
thereof. ". Extension of application of Act 22 of 1969
-
6. The Legal Aid Act,
1969, shall apply throughout the Republic.
-
- Repeal of laws and savings
-
- 7. (1) The laws referred
to in the Schedule are hereby repealed to the extent indicated in
the third column thereof.
-
- (2) Any person on the
fixed establishment of a Legal Aid Board established in terms of a
law repealed by subsection (1) shall,
without interruption of
service, on the date of commencement of this Act, and subject to the
conditions of employment and remuneration
approved by the Minister
of Justice in terms of section 8 of the principal Act, become an
employee of the Legal Aid Board established
by section 2 of the
principal Act: Provided that the Board may recommend to the Minister
concerned that a person retain in full
or in part a particular term
or condition of employment that is more favourable than any
-
term or condition of
employment determined in terms of section 8, if there are
-
special circumstances which
justify such retention: Provided further that any such retention of
a more favourable term or condition
of employment shall not continue
for more than 12 months after the date of such recommendation.
-
- (3) If, for the purposes
of subsection (2)-
-
- (a) the question arises
whether any person performs functions pertaining to a Legal Aid
Board; or
-
- (b) any question arises
in connection with the determination of conditions of employment
or remuneration,
-
- it shall be determined by
the Minister of Justice.
-
- (4) All assets, including
funds and administrative records, rights, duties and liabilities
which immediately prior to the commencement
of this Act vested in a
Legal Aid Board established in terms of a law repealed by subsection
(1) shall, on the date of commencement
of this Act, devolve upon the
Legal Aid Board established by section 2 of the principal Act.
-
Short title and commencement
-
8. This Act
shall be called the Legal Aid Amendment Act, 1996, and shall come
into operation on a date fixed by the President by proclamation in
the Gazette.
-
SCHEDULE
-
Laws
repealed by section 7
-
- No. and year of law Short
title Extent of repeal
- Act
-
- Act
|
- No.
-
- No.
|
- 22 of 1969
-
- 2 of 1973
|
- Legal Aid Act, 1969
(Ciskei)
-
- Transkeian Legal Aid
Act, 1973
|
- The whole
-
- The whole
|
|
|
|
- (Transkei)
|
|
- Act
|
- No.
|
- 39 of 1978
|
- General Law Amendment
Act, 1978 (Transkei)
|
- Sections 12, 13,
-
14, 15, 16 and 17
|
- Act
|
- No.
|
- 8 of 1982
|
- Legal Aid Amendment
Act, 1982 (Ciskei)
|
- The whole
|
- Act
|
- No.
|
- 13 of 1983
|
- Legal Aid Act, 1983
(Venda)
|
- The whole
|
- Act
|
- No.
|
- 8 of 1988
|
- Legal Aid Act, 1988
(Bophuthatswana)
|
- The whole
|
- Act
|
- No.
|
- 10 of 1988
|
- General Law Amendment
Act, 1988 (Bophuthatswana)
|
- Section 5
|
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