Legal Aid Amendment Act

1. Section 3 of the Legal Aid Act, 1969 (hereinafter referred to as the principal Act), is hereby amended- 5 (a). by _ the substituti()nfor the __ words preceding paragraph (a) of_the __ .. . . - . . - . following words: . . .. . -- . . . . . - - "The objects of the board shall be to render or make available legal aid to indigent persons arid to provide legal representation at State expense as contemplated in the Constitution, and to that end 10 the board shall, in addition to any other powers vested in it by this _ . Act, have power-"; and .. (bJ. 6y· the insertion after paragraph (dfot the following paragraph:- .. _ __ . ., : .. : · .. (dA) to provide, subject to section 3A(3), legal 'representation af State expense as contemplated in section 25(1)(c) and 15 (3)(e), read with section 33(2), of the Constitution, where substantial injustice would otherwise result;". ' . i . .. . Insertion of sections 3A and 3B in Act 22 of 1969, . . ' ·. ' . . . .... . ; . :~ . ' ; • J ...; ; • . . ~ .. -. . . ~ • • ' . ' .. • . ~ : ' • ; • • ' ' . - :.. . .: • • ~- .. ( , ·r ' ·. ~ ..., .- -. . : i l ..

2.The following sections arehereby.irtserted in the principal Act after section , :- ..•. : . . . . - . :. . r . . ,.-. :- . ' .... ~ . i :3: 20 4 No. 17131 Act No. 20, 1996 GOVERNMENT GAZETI'E, 19 APRIL 1996 · · LEGAL AID AMENDMENT ACf, 1996 "Legal Aid Guide 3A. 1 a Sub. ect to the rovisions ofthis 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 . 5 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 10 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 38(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 !~gal aid by court in crimi~al inatter"s . - . ,_ . - > 3B. 1 Before a court in criminal roceedin s directs that a erson 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; 15 20 25 (iii) whether any other legal representation at State expense is 30 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 35 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 (l)(a)(i) and (iii); and · , 40 45 · (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 sectio~ 2 of Act 47 oCl989, 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 subsecti~n 50 (1) of the following paragraph: · . · . ·• 6 No. 17131 Act No. 20, 1996 GOVERNMENT GAZETTE, 19 APRIL 1996 LEGAL AID AMENDMENT ACf, 1996 "(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 sectio~ 6of 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 . ·. . ' . . , -I 5 10 15 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 20 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 25 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 30 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 35 · 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 40 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 AidAmendmentAct,1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette. 45 : .. ···.;; ' ,-_.· ,·, .:.- 8 No~ 17131 GOVERNMENT GAZETI'E, 19 APRIL 1996 Act No. 20, 1996 · LEGAL AID AMENDMENT ACf, 1996 SCHEDULE . i ... •' · : ' · · '' Laws repealed by· section 7 ·· . \ : , • 1 ' : · Short title No; and yeat- of Jaw Act No. 22 of 1969 Act No.2 of 1973 • · · · .. Transkeian Legal Aid Act, 1973 (Transkei) · Act No. 39 of 1978 Legal Aid Act; 1969 (Ciskei). · ' . . . Extent of repeal Thewhole · The whole· General Law Amendment Act, 1978 (Transkei) Sections 12, 13, 14, Act No. 8 of 1982 Act No. 13 of 1983 .. Act No. 8 of 1988 Act No.-10 of 1988 .. ' Legal Aid Amendment Act, 1982 (Ciskei) Legal Aid Act, 1983 (Venda) Legal Aid Act, 1988 (Bophuthatswana) · .. Genera! Law ~mendment Act, 1988 (Bophu· thatswana) 15, 16 and 17 The whole The whole The whole Section 5 , .. .. . .