The legal aid board

[Citizen X]

If you can't afford an attorney you can approach the legal aid board. They cover both criminal and civil matters; you can also approach the law clinics of the various universities i.e. Wits Law Clinic, UNISA law clinic..

[sterne.law@gmail.com]

A other option is in forma pauperis at the court.
This is an application for the court to appoint an attorney. If you have less than R10 000 in assets, a person qualifies subject to other criteria such as merits of success etc, etc Rule 40 Uniform rules of court

[tec0]

"if you have less than R10 000 in assets"

That I believe is a bit unfair taking the living cost into consideration. A mobile phone "on contract" can be worth up to R6000 in total and let's say you own a R2000 radio/TV and a R2000 freezer to keep your food cool than that is already R10000 in assets?

Would this be a fair assumption?

[Citizen X]

It is indeed a fair assumption!

[tec0]

Now I understand why the law is inaccessible for the lower/middleclass person.

[Blurock]

Now I understand why the law is inaccessible for the lower/middleclass person.

The law may be more inaccessable than you think. If you require an advocate, which you do need to go to the High Court, you need at least R30k just to get started. Fees start accumulating from there.

Even if you have a water tight case, the defendant may have deeper pockets, which means he can hire a better lawyer and advocate. They will be surely find some loophole or technicality to get the accused off the hook. They may also be able to frustrate you with endless delays and extensions. By the time the matter finally gets heard, years down the line, the witnesses may have relocated and forgotten their evidence....etc etc.

We have some excellent legal minds in this country, but the system sucks.

PS. Evidence some of our leading politicians.

[AndyD]

And if the expensive advocate and the delay tactics don't work the accused can always get a doctors note or check into the nearest Medi Clinic for a couple of years.

I'm surprised anyone with money ever goes to jail.

[tec0]

It is sad really, the very system we pay tax to protect us bankrupts us.

[Leigh]

I know that there is a pro bono attorneys association that sits some where around constitutional hill.
The Law society can also be contacted to assist you in appointing an attorney that has to assist with your claim. as all practicing attorneys have to do a percentage of pro bono work for a 12month period.

[sterne.law@gmail.com]

The association is ProBono.Org 011 339 6080 in Durban 031 3016178
A case needs to meet certain criteria such as means test, public interest etc.

In terms of the law society - probono work is not a legal requirement, unlike many overseas countries. The Joburg Law Soceity has their own rules that expect the attorneys to do 24 hrs a year in probono work. The rules do centre around if the law society instructs the attorney to do the work then they must. Again their will be criteria to meet.