Changes to Legal Aid assistance: Here's who can now apply

Legal Aid South Africa has made changes to eligibility for a free legal representation.

The entity, which helps thousands of South Africans accused of crime, adjusted its eligibility “means test” that determines who qualify for assistance.

The recent changes come amid increases to the cost of living.   

Here's how to tell if you qualify:

• Applicants eligible for free legal representation in criminal cases must earn less than R8,200 per month (after tax deductions). This increased from R7,700.

• Eligibility for civil cases has two categories: if an applicant is not a member of a household, they must earn less than R8,200 to qualify, and for household members the threshold increases to R9,000 from R8,400.  

The monthly salary limits are not the only criteria Legal Aid looks into for eligibility.

It will also look at if you have property (such as a house or car) that can be used to fund your legal fees.

If the applicant owns property, they will not qualify for legal aid if the property value is more than the following:  

• For furniture and vehicles, the threshold is R151,700,

• For fixed assets, such as a house, the threshold has gone up to R711,700 from R665,800.  

Legal Aid spokesperson Victor Shabangu said applicants who fail to meet the criteria can still get legal representation under circumstances that would be considered and approved by its management. 

“In some cases, a court can order Legal Aid to provide legal aid in a criminal case, in circumstances where the applicant does not qualify for legal aid using the stated criteria set out in the Legal Aid Act,” he said.   

While more people will now qualify for Legal Aid services, Shabangu said its capacity was not threatened.  

“This is not a one-off review of the means test but part of our annual review. It therefore does not call for a recruitment drive just to accommodate the change. Our recruitment levels are continuously monitored to match demand.”  

He said Legal Aid could also call on the services of attorneys in the private sector.

“Legal Aid South Africa has a pool of legal practitioners in private practice to whom it outsources work. We also have co-operation agreements with partner institutions who provide legal services at no cost to the client.”  

Shabangu said the eligibility test was reviewed annually considering inflation. 

“As the cost of living increases, so does the cost of professional services like legal services. We review our means test on an annual basis to factor in the impact of inflation on people’s ability to afford legal services.”