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Legal Aid Act, 2021

This section gives the Act its short title and says it starts on a date set by the Minister by statutory instrument. This section defines key terms used in the Act and says interpretations apply unless the context…

access to justiceaccountingadministrative appealsannual auditannual reportsapplication processapplication processingappointmentsasset transferaudit feesaudited statementsboard compositionboard functionsboard fundingboard governancecertificate renewalcertified extractscommittee governancecompliancecompliance trainingconfidential informationconflicts of interestconsultation feescontributionCompany lawcost recoverycourt administrationcourt appealscourt appearancecourt costscourt procedurecourt proceedingscourt processcourt-appointed representationdefinitionsdelegationdetention proceduresdisclosuredisclosure controlsdispute resolutiondocument executionduplicate certificateseligibility assessmentEmployment lawemployment continuityevidencefeesfees and collectionsfinancial affairsfinancial reportingfund administrationfund managementgovernancegrant cancellationgrants and donationsinternal procedureinvestmentinvestment controlsjudicarelegal aidlegal aid administrationlegal aid fundinglegal servicesliabilityBusiness registrationlitigationlitigation supportloansmeeting governancemeeting procedurenotificationoffice vacanciesparalegal practicepayment of costspaymentspractice compliancepractitioner compensationprofessional licensingprofessional qualificationprofessional qualificationsprofessional registrationprofessional regulationprofessional servicesprovider registrationpublic administrationpublic inspectionpublic service employmentre-registrationrecord keepingregistrationregistration certificatesregistration complianceregistration feesregulatory powersremunerationrepealreportingrepresentationscope of applicationscope of practiceservice continuityservice provider registrationstaff remunerationstaffingstatutory bodiessupervisiontenurevacancywaivers
Jurisdiction
Zambia
Structure
80 provisions
Citation
Act 1 of 2021
Dates
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01

Purpose and legislative effect

“This section gives the Act its short title and says it starts on a date set by the Minister by statutory instrument.”

This section gives the Act its short title and says it starts on a date set by the Minister by statutory instrument. This section defines key terms used in the Act and says interpretations apply unless the context requires otherwise. This Act does not apply to paralegals employed by a State institution or in the public service. The Legal Aid Board continues to exist under this Act and has corporate powers and capacity. The Legal Aid Board has functions to administer, provide, coordinate, regulate, register, manage funds, research, and issue guidelines for legal aid.

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This section gives the Act its short title and says it starts on a date set by the Minister by statutory instrument.

Section 1

Application of monies of Fund

The Board may use Fund money for legal services, practitioner remuneration, and certain representation expenses, except for a practitioner providing legal aid under the Legal Practitioners Act.

Section 41

Application

Pending proceedings involving the former Board may continue against the Board, and new proceedings about the former Board’s rights, liabilities, or obligations may be started against the Board after commencement.

Section 3

04

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Showing 80 of 80 provisions

Provision 59Offence 10Repeal 5Commencement 5

Part

PART I

§ 12Short title

This section gives the Act its short title and says it starts on a date set by the Minister by statutory instrument.

1. (1) This Act may be cited as the Legal Aid Act, 2021, and shall come into operation on the date appointed by the Minister by statutory instrument. Short title and commence- ment
Section 1Verify source
§ 23. ApplicationRepeal

This section defines key terms used in the Act and says interpretations apply unless the context requires otherwise.

2. In this Act, unless the context otherwise requires— Interpretation “alternative dispute resolution” includes mechanisms such as mediation, conciliation, negotiation and arbitration aimed at preventing, settling or resolving a dispute; “associate” has the meaning assigned to the word in the Anti- Corruption Act, 2012; Act No. 3 of 2012 6 No. 1 of 2021] Legal Aid Act No. 13 of 1998 “Authority” means the Technical Education, Vocational and Entrepreneurship Training Authority established under the Technical Education, Vocational and Entrepreneurship Training Act, 1998; “Board” means the Board of the Legal Aid Board constituted under section 8; “Chairperson” means the person appointed as the Chairperson of the Board under section 8; “civil society organisation” means a registered non-state legal entity not established or operated for profit; “court” has the meaning assigned to the word in the Cap.1 Constitution; Act No. 23 of 2016 Act No. 39 of 2010 “Director” means the person appointed as Director of the Legal Aid Board under section 10; “eligible person” means a person to whom legal aid may be granted on the basis of the means test and in the interest of justice; “Fund” means the Legal Aid Fund continued under section 40; “judicare” means the provision of legal aid, free of charge or at a fee, by a practitioner registerd by the Legal Aid Board; “judicial officer” has the meaning assigned to the words in the Judiciary Administration Act, 2016; “Lands Tribunal” means the Lands Tribunal established under the Lands Tribunal Act, 2010; “legal advice” means the provision of advice on a question of the law and includes advice and assistance in the preparation of legal documents for purposes that are not related to any proceedings for which legal aid may be given; “legal aid” has the meaning assigned to the word under section 6; “legal aid Board” means the Legal Aid Board continued under section 4; “legal aid service provider” means a person who provides legal aid and includes a civil society organisation or a higher education institution law clinic registered under this Act; “legal assistance” means the assistance provided to a person in executing some legal act to protect the person’s rights or in taking some preparatory steps towards doing so in the context of formal court proceedings, including steps that are preliminary or incidental to formal court proceedings, or steps aimed at arriving at, or giving effect to a compromise to avoid or bring to an end formal proceedings, including court-annexed mediation; Legal Aid [No. 1 of 2021 7 “legal assistant” means a person who— (a) holds a degree in law or equivalent from an accredited university; and (b) is registered by the Board under section 25; “legal education” means the provision of law-related education through the general dissemination of information about the law to the population or specific groups of persons; “legal information” means information on legal rights, responsibilities, procedures, available remedies and how to exercise them; “legal representation” refers to representation before a court, tribunal or administrative body based on a privileged relationship between a practitioner and a client; “legal services” include legal education, legal information, legal advice, legal assistance, legal representation and assistance with alternative dispute resolution; “legally aided person” means a person who is granted legal aid under this Act; “legally disqualified” means having no legal capacity as provided in section 4 of the Mental Health Act, 2019; “local court” means a court established under the Local Courts Act No. 6 of 2019 Cap. 29 Act; “means test” means an assessment to determine whether an applicant for legal aid has insufficient means to enable the applicant pay for legal services; “paralegal” means a person registered as a paralegal under section 19; “practitioner” means a person admitted to practice as an advocate under the Legal Practitioners Act and in private practice; “public service” has the meaning assigned to the words in the Constitution; “Registrar” means the Registrar of the High Court; “registered higher education institution law clinic” means a legal clinic affiliated to a school of law of a higher education institution providing legal studies and registered by the Legal Aid Board to provide legal aid; Cap. 30 Cap.1 8 No. 1 of 2021] Legal Aid Act No. 3 of 2012 Act No. 30 of 1967 Cap.1 Cap. 28 Act No. 13 of 2011 “relative” has the meaning assigned to the word under the Anti-Corruption Act, 2012; “repealed act” means the Legal Aid Act, 1967; “specified offence” means an offence of a class specified by the Minister, by statutory order, under section 43; “State institution” has the meaning assigned to the words in the Constitution; “subordinate court” means a court established under the Subordinate Courts Act; and “Zambia Qualifications Authority” means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011. Application
Section 2Verify source
§ 3ApplicationProvision

This Act does not apply to paralegals employed by a State institution or in the public service.

3. This Act does not apply to paralegals employed by a State institution or in the public service. PART II LEGAL AID BOARD Continuation of Legal Aid Board
Section 3Verify source
§ 12Provision

Rules for the Legal Aid Board seal: the Board may determine the seal’s form, the Secretariat must keep it, certain officers may authenticate its affixing, and some contracts may be executed without a seal.

1. (1) The seal of the Legal Aid Board shall be a device that may be determined by the Board and shall be kept by the Secretariat. Seal of Legal Aid Board (2) The affixing of the seal shall be authenticated by the Chairperson, the Vice Chairperson, the Director or any other person authorised in that behalf by a resolution of the Board. (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required under seal, may be entered into or executed without seal on behalf of the Legal Aid Board by the Director or any other person generally or specifically authorised by the Board in that behalf. (4) Any document purporting to be a document under the seal of the Legal Aid Board shall be received in evidence and shall be deemed to be so executed or issued, without further proof, unless the contrary is proved.
Section 1Verify source
§ 23. ApplicationOffence

A Board member serves for three years, may be reappointed for one final three-year term, and cannot serve more than two terms in a row.

2. (1) Subject to this Act, a member of the Board shall hold office for a period of three years from the date of appointment and shall be eligible for re appointment for one further and final term of three years and shall not successively hold office for more than two terms. (2) The office of the member shall become vacant if that member— (a) dies; (b) is absent without reasonable excuse from three consecutive meetings of the Board of which the member has had notice; (c) ceases to be a representative of the organisation which nominated the member; (d) resigns from office; (e) is legally disqualified from performing the functions of a member; (f) is declared bankrupt; Tenure of office and vacancy 32 No. 1 of 2021] Legal Aid Filling of casual vacancy Proceedings of Board (g) is convicted of an offence involving fraud or dishonesty; or (h) is convicted of an offence against any other written law and is sentenced to a term of imprisonment of not less than six months without the option of a fine. (3) A member of the Board may resign from office by giving not less than one month’s notice, in writing, to the Chairperson and the Minister. (4) On the expiration of the period for which a member is appointed the member shall continue to hold office until a successor is appointed but in no case shall the further period exceed three months.
Section 2Verify source
§ 3ApplicationProvision

If a member’s office becomes vacant before the term ends, the Minister may appoint a replacement, and the replacement serves out the remaining term.

3. Whenever the office of a member becomes vacant before the expiry of the term of the office, the Minister may appoint another member in place of the member who vacates office but that member shall hold office for the unexpired part of the term.
Section 3Verify source
§ 45Provision

This section sets rules for how the Board meets, votes, and conducts its business.

4. (1) Subject to this Act, the Board may regulate its own procedure. (2) The Board shall meet for the transaction of business at least every three months at a place and time that the Chairperson may determine. (3) The Chairperson may, on giving notice of not less than fourteen days, call a meeting of the Board and may if the urgency of any particular matter does not permit the giving of that notice, a special meeting may be called by the Chairperson, on giving a shorter notice. (4) Six members of the Board shall form a quorum at any meeting of the Board. (5) There shall preside at any meeting of the Board— (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; or (c) in the absence of the Chairperson and the Vice- Chairperson, a member that the members present may elect for the purpose of that meeting. (6) A decision of the Board on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote. Legal Aid [No. 1 of 2021 33 (7) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the meeting of the Board that person shall have no vote. (8) The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings.
Section 4Verify source
§ 56Provision

The Board may create committees, delegate functions to them, appoint their members, and committees may set their own procedure subject to Board directions.

5. (1) The Board may, for the purpose of performing its functions under this Act, constitute a committee that the Board considers necessary and may delegate to any committee those of its functions that it considers fit. (2) The Board may appoint as members of a committee, persons who are, or are not members of the Board, except that at least one member of a committee shall be a member of the Board. (3) A person serving as a member of a committee shall hold office for a period that the Board may determine. (4) Subject to any specific or general directions of the Board, a committee may regulate its own procedure.
Section 5Verify source
§ 67. Autonomy of Legal Aid BoardProvision

Board or committee members are to be paid allowances, and the Emoluments Commission may determine those allowances on the Minister’s recommendation.

6. The members of the Board or any committee shall be paid allowances that the Emoluments Commission may, on the recommendation of the Minister, determine.
Section 6Verify source
§ 7Autonomy of Legal Aid BoardCommencement

People at Board or committee meetings must declare a known private interest and usually must not join the discussion or vote on that matter.

7. (1) If a member or person is present at a meeting of the Board or any committee of the Board at which any matter is the subject of consideration and in which matter the member or person knows that the member or person, or the member’s or person’s spouse, relative or associate, is directly or indirectly interested in a private capacity, the member or person as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Board or the committee otherwise directs, take part in any consideration or discussion of, or vote on any question touching that matter. (2) A declaration of interest made under subparagraph (1) shall be recorded in the minutes of the meeting at which it is made. (3) A person who contravenes subparagraph (1) commits an offence and is liable, on conviction, to a fine not exceeding ten thousand penalty units. Committees of Board Allowance of members Disclosure of interest 34 No. 1 of 2021] Legal Aid Immunity of members Prohibition of publication or disclosure Funds of Legal Aid Board
Section 7Verify source

Part

PART II

§ 45Repeal

The Legal Aid Board continues to exist under this Act and has corporate powers and capacity.

4. (1) The Legal Aid Board established under the repealed Act shall continue to exist as if established under this Act. Functions of Legal Aid Board (2) The Legal Aid Board is a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with powers, subject to the provisions of this Act, to do an act or thing that a body corporate may by law do or perform, as if established under this Act. (3) The First Schedule applies to the Legal Aid Board.
Section 4Verify source
§ 56Provision

The Legal Aid Board has functions to administer, provide, coordinate, regulate, register, manage funds, research, and issue guidelines for legal aid.

5. The functions of the Legal Aid Board are to— (a) administer a comprehensive legal aid system in the Republic that is accessible, effective, impartial and sustainable; (b) provide legal aid in civil and criminal matters; (c) publish and disseminate information relating to legal aid; (d) coordinate the provision of legal aid by State and non state legal aid providers; (e) regulate, oversee and monitor the provision of legal aid based on a quality assurance framework and standards; Legal Aid [No. 1 of 2021 9 (f) register a civil society organisation and higher education institution law clinic that intends to provide legal aid; (g) undertake regular assessment of legal aid provided by a registered higher education institution law clinic; (h) register practitioners, legal assistants and paralegals; (i) manage and disburse funds from the Fund under this Act; (j)mobilise financial resources; (k) undertake research on aspects of legal aid; (l) facilitate the provision of legal aid to persons granted legal aid under this Act; and (n) issue guidelines on the application of the means test and the interest of justice.
Section 5Verify source
§ 67. Autonomy of Legal Aid BoardProvision

Legal aid includes legal education, information, advice, assistance, and representation, and the Act limits how legal aid affects practitioner-client rights, privileges, and other parties’ rights or liabilities unless the Act says otherwise.

6. (1) Legal aid consists of— (a) legal education; (b) legal information; (c) legal advice; (d) legal assistance; or (e) legal representation. Scope of legal aid (2) Unless otherwise provided under this Act— (a) the provision of legal services by way of legal aid shall not affect the relationship between or the rights of a practitioner and client or any privilege arising out of that relationship; and (b) the rights conferred by this Act on a legally aided person shall not affect the rights or liabilities of any other party to any matter or proceedings.
Section 6Verify source
§ 7Autonomy of Legal Aid BoardProvision

The Legal Aid Board must act independently from direction or control when performing its functions, unless this Act provides otherwise.

7. The Legal Aid Board shall, in the performance of its functions, be independent of the direction or control of any person or authority except as otherwise provided for under this Act.
Section 7Verify source
§ 89Offence

This section sets out how the Legal Aid Board is made up, how most members are nominated and appointed, how the Vice-Chairperson is chosen, and who cannot be appointed.

8. (1) There is constituted a Board of the Legal Aid Board. (2) The Board consists of the following part-time members Autonomy of Legal Aid Board Constitution of Board appointed by the Minister: (a) a person qualified to be a judge of the High Court, who shall be the Chairperson; 10 No. 1 of 2021] Legal Aid (b) a representative of the Ministry responsible for— (i) justice; (ii) home affairs; (iii) finance; (iv) community development and social services; (v) labour; and (vi) gender; (c) a representative of the Law Association of Zambia; (d) a representative of a civil society organisation providing legal aid; (e) a representative of a school of law of a higher education institution providing legal aid; and (f) Director, as ex officio. (3) The members under subsection (2) shall be nominated by their respective ministries, organisations or institutions for appointment by the Minister. (4) The Vice-Chairperson shall be elected by the members of the Board from among themselves. (5) A person shall not be appointed as a member of the Board if that person— (a) is an undischarged bankrupt; (b) is convicted of an offence involving fraud or dishonesty; (c) is legally disqualified from performing the functions of a member; or (d) is convicted of an offence under any other written law and sentenced to a term of imprisonment of not less than six months, without the option of a fine. Functions of Board
Section 8Verify source
§ 9Functions of BoardProvision

The Board must carry out its statutory functions and may delegate them in writing subject to conditions it sets.

9. (1) The Board is the governing body of the Legal Aid Board and shall carry out the functions under this Act. (2) Despite the generality of subsection (1), the functions of the Board are to— (a) promote effective corporate governance of the Legal Aid Board; (b) approve the annual budget estimates and financial statements of the Legal Aid Board; Legal Aid [No. 1 of 2021 11 Director and other staff (c) advise the Minister on policies relating to the provision of legal aid and implement Government policies relating to the same; (d) approve the annual work plan and activity reports of the Legal Aid Board; and (e) formulate the policies, programmes and strategies of the Legal Aid Board. (2) Despite subsection (1), the Board may, by direction in writing and subject to conditions that the Board considers necessary, delegate to any member, committee or the Director any of its functions under this Act.
Section 9Verify source
§ 10Director and other staffProvision

The Board must appoint a Director and other Legal Aid Board staff, and the Director must attend Board meetings and perform listed administrative duties.

10. (1) The Board shall appoint a Director who— (a) is qualified to be appointed as judge of the High Court; (b) is the chief executive officer of the Legal Aid Board; (c) is responsible for the day-to-day administration of the Legal Aid Board; and (d) shall perform corporate secretarial duties for the Board. (2) The Director shall attend the meetings of the Board and any committee of the Board and may address those meetings, but shall have no vote. (3) The Board shall, appoint a Chief Legal Aid Counsel, Legal Aid Counsel, Legal Aid Assistants and other staff of the Legal Aid Board that the Legal Aid Board considers necessary for the performance of the Board’s functions under the Act. (4) The Chief Legal Aid Counsel shall, under the direction of the Director— (a) perform duties determined by the Board; and (b) discharge the functions of the Director if the Director is absent or is for any other reason unable to discharge the functions of the Director’s office. (5) The Emoluments Commission shall, on the recommendation of the Board, determine the emoluments of the Director, Chief Legal Aid Counsel, Legal Aid Counsel, Legal Aid Assistants and other staff of the Legal Aid Board. (6) The Board shall determine the conditions of service, other than the emoluments, of the Director, Chief Legal Aid Counsel, Legal Aid Counsel, Legal Aid Assistants and other staff of the Legal Aid Board. 12 No. 1 of 2021] Legal Aid Right of audience of Legal Aid Assistant
Section 10Verify source
§ 11Right of audience of Legal Aid AssistantProvision

A Legal Aid Assistant may appear for and represent a legally aided person in specified proceedings when legal aid is provided, except arbitration.

11. (1) A Legal Aid Assistant is, in any matter in which legal aid is provided, entitled to appear for and represent a legally aided person in any— (a) criminal proceedings before a subordinate court; (b) civil proceedings before a subordinate court and the Lands Tribunal; (c) proceedings in chambers in the High Court before the Registrar, the Deputy Registrar or a Judge; and (d) proceedings for Alternative Dispute Resolution, except arbitration. (2) The right of audience conferred on Legal Aid Assistants by this section is in addition to, and not a derogation of, any other written law relating to the right of audience of a person who is not a practitioner. PART III PRACTITIONERS, LEGAL ASSISTANTS, PARALEGALS AND LEGAL AID SERVICE PROVIDERS A. Practitioners under Judicare
Section 11Verify source
§ 10Director and other staffProvision

The Board may accept grants or donations, but outside the Republic it needs the Minister’s approval. Board funds must be used to pay staff and member expenses and other Board costs.

10. (1) The funds of the Board consists of monies that may— (a) be appropriated by Parliament for the purposes of operations of the Board; (b) be paid to the Board by way of grants or donations; and (c) vest in, or accrue to, the Board. (2) The Board may accept monies by way of grants or donations from any source in the Republic, and subject to the approval of the Minister from any source outside the Republic. (3) There shall be paid from the funds of the Board— (a) the salaries, allowances, loans, gratuities and pensions of staff of the Board and other payments for the recruitment and retention of staff; (b) travelling and other allowances for members of the Board or members of any committee of the Board when engaged on the business of the Board at rates that the Emoluments Commission may, on the recommendation of the Minister, determine; and (c) any other expenses incurred by the Board in the performance of the Board’s functions. Legal Aid [No. 1 of 2021 35
Section 10Verify source
§ 11Right of audience of Legal Aid AssistantProvision

The Board may invest unused Legal Aid Board funds, but only with the Minister’s approval.

11. The Board may, with the approval of the Minister, invest in a manner that the Board considers necessary any of the Legal Aid Board’s funds which it does not immediately require for the performance of the Legal Aid Board’s functions. Investment of funds
Section 11Verify source
§ 12Application for registration as practitioner under judicareProvision

The Legal Aid Board’s financial year must run for 12 months and end on 31st December each year.

12. The financial year of the Legal Aid Board shall be the period of twelve months ending on 31st December in each year. Financial year
Section 12Verify source
§ 13Remuneration of practitioner under judicareProvision

The Board must keep proper accounting books and records, and it must pay the auditor’s fees.

13. (1) The Board shall cause to be kept proper books of Accounts accounts and other records relating to the Board’s accounts. (2) The accounts of the Legal Aid Board shall be audited annually by the Auditor-General or an auditor appointed by the Auditor-General. (3) The auditor’s fees shall be paid by the Board.
Section 13Verify source
§ 14Payment of costs to private practitioner for judicareProvision

The Board must send an annual report to the Minister within 90 days after the financial year ends, and the Minister must have an annual income-and-expenditure statement laid before the National Assembly.

14. (1) As soon as is practicable, but not later than ninety days after the end of the financial year, the Board shall submit to the Minister a report concerning the activities of the Board during that financial year. Annual Report (2) The report referred to in subparagraph (1) shall include information on the financial affairs of the Board and there shall be appended to the report— (a) an audited statement of financial position; (b) an audited statement of income and expenditure; (c) an audited statement of income and expenditure of the Fund; and (d) other information as the Minister may require. (3) The Minister shall cause to be prepared an annual statement of the income and expenditure of the Board and the Fund to be laid before the National Assembly. 36 No. 1 of 2021] Legal Aid Staff of Board Vesting of assets of board SECOND SCHEDULE (Section 64) SAVINGS AND TRANSITIONAL PROVISIONS
Section 14Verify source
§ 12Commencement

Some former Board officers or employees keep their status in the new Board if they are appointed or employed under this Act, and their service counts as continuous.

1. (1) A person who, before the commencement of this Act, was an officer or employee of the former Board established under the repealed act, shall continue to be an officer or employee of the Board, if appointed or employed under this Act. (2) The service of the persons referred to in subparagraph (1) shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any person employed or appointed by the former Board established under the repealed act, before the commencement of this Act.
Section 1Verify source
§ 23. ApplicationCommencement

Assets, rights, liabilities, and obligations of the former Board transfer to the Board on or after commencement, and the registration authority must record the transfer when required.

2. (1) On or after the commencement of this Act, there shall be transferred to, vest in and subsist against the Board by virtue of this Act and without further assurance the assets, rights, liabilities and obligations which immediately before the commencement of this Act were assets, rights, liabilities and obligations of the former Board. (2) Subject to subparagraph (1), every deed, bond and agreement, other than an agreement for personnel service, to which the former Board established under the repealed act was a party immediately before the commencement of this Act, whether or not, of a nature that rights, liabilities and obligations could be assigned, shall, unless its subject matter or terms make it impossible that it should have effect as modified as provided by this subparagraph, have effect, as if— (a) the Board had been party to it; (b) for any reference to the former Board established under the repealed act there were substituted, with respect to anything falling to be done on or after the commencement of this Act, a reference to the Board; and (c) for any reference to any officer of the former Board established under the repealed act not being a party to it and beneficially interested therein, there were substituted, with respect to anything required to be done on or after the commencement of this Act, reference to that officer of the Board that the Board shall designate. Legal Aid [No. 1 of 2021 37 (3) Where under this Act, any assets, rights, liabilities and obligations of the former Board established under the repealed act are considered to be transferred to the Board in respect of which transfer a written law provides for registration, the Board shall make an application in writing to the appropriate registration authority for registration of the transfer. (4) The registration authority, referred to in subparagraph (1), shall make entries in the appropriate register that shall give effect to the transfer and, where applicable, issue to the transferee concerned a certificate of title in respect of the property or make necessary amendments to the register, and shall endorse on the deeds relating to the title, right or obligation concerned and no registration fees, stamp duty or other duties shall be payable in respect thereof.
Section 2Verify source
§ 3ApplicationCommencement

Pending proceedings involving the former Board may continue against the Board, and new proceedings about the former Board’s rights, liabilities, or obligations may be started against the Board after commencement.

3. (1) Any legal proceedings or application of the former Board pending immediately before the commencement of this Act by or against the former Board may be continued by or against the Board. Legal proceedings (2) After the commencement of this Act, proceeding in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the former Board may be instituted against the Board. 3 8
Section 3Verify source

Part

PART III

§ 12Application for registration as practitioner under judicareProvision

A practitioner intending to provide judicare under this Act must apply to the Director for registration in the prescribed manner and form.

12. A practitioner who intends to provide judicare under this Act shall apply to the Director for registration in a prescribed manner and form.
Section 12Verify source
§ 13Remuneration of practitioner under judicareProvision

The Board must determine the remuneration payable to a registered practitioner for providing judicare under the Act.

13. The Board shall determine the remuneration payable to a registered practitioner for the purpose of providing judicare under this Act.
Section 13Verify source
§ 14Payment of costs to private practitioner for judicareProvision

Costs for a registered practitioner’s legal aid work include remuneration and properly attributable expenses, but not witness allowances payable under other written law.

14. (1) Subject to section 13, the costs of legal services provided by a registered practitioner under this Act shall include sums on account of— (a) the remuneration payable to the registered practitioner assigned to provide legal aid; and (b) expenses incurred by that registered practitioner while representing a legally aided person and that are properly attributable to time spent or work done by that practitioner in representing that person. Application for registration as practitioner under judicare Remuneration of practitioner under judicare Payment of costs to private practitioner for judicare Legal Aid [No. 1 of 2021 13 (2) The costs to be paid under subsection (1), shall not include any sum relating to allowances paid to a witness attending to give evidence in the proceedings for the purposes of which legal aid is granted to any person in any case where those allowances are payable under any other written law. B. Legal Assistants
Section 14Verify source
§ 15Application for registration as legal assistantProvision

A legal assistant intending to provide legal aid must apply to the Director for a certificate of registration, using the prescribed form and manner.

15. A legal assistant who intends to provide legal aid under this Act shall apply to the Director for a certificate of registration in a prescribed manner and form.
Section 15Verify source
§ 16Qualifications of legal assistantProvision

A legal assistant cannot be issued a certificate of registration unless they hold a bachelor of laws degree or another qualification determined by the Board and accredited and recognised by the Zambia Qualifications Authority.

16. A legal assistant shall not be issued with a certificate of registration if that legal assistant does not hold a bachelor of laws degree or a relevant qualification determined by the Board and accredited and recognised by the Zambia Qualifications Authority.
Section 16Verify source
§ 17Scope of services of legal assistantProvision

Registered legal assistants must provide legal aid, but not legal representation or arbitration, and they must be supervised by a practitioner under Board guidelines.

17. (1) A registered legal assistant shall provide legal aid, except for legal representation and arbitration. (2) A registered legal assistant shall be supervised by a practitioner based on guidelines issued by the Board. C. Paralegals Application for registration as legal assistant Qualifications of legal assistant Scope of services of legal assistant
Section 17Verify source
§ 18Application for registration as paralegalProvision

A paralegal who wants to provide legal aid must apply to the Director for a certificate of registration in the prescribed manner and form.

18. A paralegal who intends to provide legal aid shall apply to the Director for a certificate of registration in a prescribed manner and form. Application for registration as paralegal
Section 18Verify source
§ 19Qualifications of paralegalProvision

The Director must not register a paralegal unless the paralegal has the required qualifications, including qualification determined by the Board and accredited and recognised by the Zambia Qualifications Authority, or certification by the Authority.

19. A paralegal shall not be registered by the Director if that paralegal does not hold qualifications determined by the Board and accredited and recognised by the Zambia Qualifications Authority. or certified by the Authority.
Section 19Verify source
§ 20Scope of practice of paralegalProvision

A registered paralegal must provide legal services determined by the Board and must be supervised by a practitioner, legal assistant, or another Board-determined person.

20. (1) A registered paralegal shall provide legal services, that the Board may determine. (2) A registered paralegal shall be supervised by a practitioner, a legal assistant or any other person that the Board may determine. Qualifications of paralegal Scope of practice of paralegals D. Legal Aid Service Providers
Section 20Verify source
§ 21Application for registration as legal aid service providerProvision

A civil society organisation or higher education institution intending to provide legal aid must apply to the Director for a certificate of registration.

21. A civil society organisation or higher education institution that intends to provide legal aid shall apply to the Director for a certificate of registration in the prescribed manner and form. Application for registration as legal aid service provider 14 No. of 2021] Legal Aid Qualifications of legal staff of legal aid service provider
Section 21Verify source
§ 22Qualifications of legal staff of legal aid service providerProvision

A civil society organisation or higher education institution cannot be registered as a legal service provider unless its legal aid assistants or paralegals have the required qualifications.

22. A civil society organisation or higher education institution shall not be registered as a legal service provider unless the legal aid assistants or paralegals of that civil society organisation or higher education institution hold qualifications determined by the Board and accredited and recognised by the Zambia Qualifications Authority. Scope of practice
Section 22Verify source
§ 23Scope of practiceProvision

Sections 17 and 20 apply to the scope of practice of a legal assistant or paralegal of a legal aid service provider.

23. Sections 17 and 20 shall apply to the scope of practice of a legal assistant or paralegal of a legal aid service provider. PART IV REGISTRATION OF PRACTITIONERS, LEGAL ASSISTANTS, PARALEGALS AND LEGAL AID SERVICE PROVIDERS Prohibition of providing legal aid without registration
Section 23Verify source

Part

PART IV

§ 24Prohibition of providing legal aid without registrationOffence

A non-practitioner must not provide legal aid services or work as a legal assistant, paralegal, or legal aid service provider unless registered under this Act.

24. (1) A person, other than a practitioner, shall not offer a legal aid service, be employed or practice as a legal assistant, paralegal or legal aid serivice provider unless that person is registered to do so under this Act. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both. Grant or rejection of application
Section 24Verify source
§ 25Grant or rejection of applicationProvision

The Director may grant or reject an application within 14 days of receiving it, and must register a successful applicant, issue a registration certificate, or give reasons if the application is rejected.

25. (1) The Director may, within fourteen days of receipt of an application under sections 15, 18, 21 and 22 grant or reject the application. (2) The Director shall, on being satisfied that the applicant meets the prescribed requirements, grant the application under sections 15, 18, 21 and 22 and shall, within fourteen days of that grant register the applicant, in a prescribed manner and form. (3) The Director shall issue an applicant with a certificate of registration in the prescribed form. (4) The Director shall, where it rejects an application under sections (1), inform the applicant and give reasons for the decision.
Section 25Verify source
§ 26Change of particularsProvision

Certain registered practitioners, legal assistants, and paralegals must tell the Director about changes to their registration details within 7 days.

26. A registered practitioner, legal assistant or paralegal under this Act shall notify the Director of any change in the particulars relating to the registration within seven days of that change.
Section 26Verify source
§ 27Suspension and cancellation of certificate of registrationOffence

The Director may suspend or cancel registration certificates for specified misconduct or disqualifying events, must hear the person first, and a cancelled certificate must be surrendered within 7 days of notice.

27. (1) Subject to this Act, the Director may suspend or cancel the certificate of registration of a— Change of particulars Suspension and cancellation of certificate of registration Legal Aid [No. 1 of 2021 15 (a) practitioner where that practitioner— (i) obtained the certificate of registration through fraud, misrepresentation or concealment of a material fact; (ii) is found guilty of professional misconduct under the Legal Practitioner’s Act; Cap. 30 (iii) is legally disqualified; or (iv) is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a period exceeding six months without the option of a fine; (b) legal assistant or paralegal, where that legal assistant or paralegal — (i) obtained the certificate of registration through fraud, misrepresentation or concealment of a material fact; (ii) is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a period exceeding six months without the option of a fine; or (iii) is legally disqualified; or (c) legal aid service provider, where that legal aid service provider— (i) obtained the certificate of registration through fraud, misrepresentation or concealment of a material fact; (ii) fails to comply with a term or condition of the certificate of registration; (iii) enters into receivership or liquidation or takes up an action for voluntary winding up or dissolution; or (iv) is the subject of an order that is made by a court for compulsory winding up or dissolution. (2) The Director shall, before suspending or cancelling the certificate of registration under subsection (1), give the practitioner, legal assistant, paralegal or legal aid service provider, an opportunity to be heard. 16 No. 1 of 2021] Legal Aid (3) The Director may, before cancelling the certificate of registration under subsection (1), suspend the certificate of registration of a practitioner, legal assistant, paralegal or legal aid service provider, for a specified period and on terms and conditions that the Director may determine. (4) Where the Director cancels the certificate of registration under this section, the name of the practitioner, legal assistant, paralegal or legal aid service provider shall be removed from the register and shall not be restored, except on conditions that may be prescribed. (5) A person whose certificate of registration is cancelled shall, within seven days of being notified of the cancellation, surrender the certificate of registration to the Director.
Section 27Verify source
§ 28Re-registrationProvision
28. Where a certificate of registration is cancelled under section 27, the holder of the certificate of registration may, subject to the terms and conditions that the Director may determine, apply for re-registration.
Section 28Verify source
§ 29Display of certificate of registrationProvision

A holder of a certificate of registration must display it in a conspicuous place at the place of practice.

29. A holder of a certificate of registration shall display the certificate of registration in a conspicuous place at the place of practice.
Section 29Verify source
§ 30Renewal of certificate of registrationProvision

A certificate holder must renew the certificate every year in the prescribed form and pay the prescribed fee.

30. (1) A holder of a certificate of registration shall renew that certificate annually in the prescribed manner and form on payment of a prescribed fee. (2) A certificate of registration that is not renewed in accordance with subsection (1) is void.
Section 30Verify source
§ 31Prohibition of transfer of certificate of registrationProvision

A certificate of registration issued under this Act must not be transferred to a third party.

31. A certificate of registration issued under this Act shall not be transferred to a third party.
Section 31Verify source
§ 32Duplicate certificate of registrationProvision

A person whose registration certificate is destroyed or lost may apply to the Director for a duplicate, and the Director may issue it within 14 days after receiving the application.

32. (1) A person whose certificate of registration is destroyed or lost may apply to the Director for a duplicate certificate in the prescribed manner and form on payment of a prescribed fee. (2) The Director may, within fourteen days of receipt of an application under subsection (1), issue a duplicate certificate of registration to the applicant.
Section 32Verify source
§ 33Offences relating to registrationOffence

A person must not make unauthorized register or certificate entries, obtain registration by fraud or misrepresentation, impersonate a registered practitioner or legal aid provider, or forge registration documents.

33. (1) A person shall not— (a) make or cause to be made, an unauthorised entry, alteration or erasure on a register, certificate of registration or on a certified copy of a register or certificate of registration; Re- registration Display of certificate of registration Renewal of certificate of registration Prohibition of transfer of certificate of registration Duplicate certificate of registration Offences relating to registration Legal Aid [No. 1 of 2021 17 (b) procure or attempt to procure registration under this Act by fraud, misrepresentation or the concealment of a material fact; (c) impersonate a registered practitioner or use the title or designation of a registered legal assistant, paralegal or legal aid service provider while not registered as a legal assistant, paralegal or legal aid service provider under this Act; or (d) forge a certificate of registration or other document issued under this Act. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both. PART V PROVISION OF LEGAL AID GRANTED BY LEGAL AID BOARD
Section 33Verify source

Part

PART V

§ 34Application for legal aidProvision

A person seeking legal aid must apply to the Director in the prescribed way and form, and pay the prescribed fee.

34. (1) Subject to sections 43, 44 and 45 a person who intends to access legal aid shall apply to the Director in a prescribed manner and form on payment of a prescribed fee. Application for legal aid (2) A person who intends to apply for legal aid on behalf of another shall apply to the Director in a prescribed manner and form on payment of a prescribed fee.
Section 34Verify source
§ 35Grant of legal aidProvision

The Director must decide on an application within 30 days and may grant legal aid if the applicant lacks sufficient means and it is in the interest of justice; legal aid for civil proceedings cannot be granted unless there are reasonable grounds.

35. (1) The Director shall, within thirty days of receipt of an application under section 34, grant or reject the application and inform the applicant of the decision. Grant of legal aid (2) The Director may grant legal aid to any applicant in criminal or civil matter who in the opinion of the Director— (a) has insufficient means to enable the applicant to pay for legal services; and (b) having regard to the circumstances of the case or matter, it is in the interest of justice that the applicant should be provided with legal aid in that case or matter. (3) Despite subsection (2), the Director shall not grant legal aid for the purpose of civil proceedings in any court unless the Director is satisfied that an applicant has reasonable grounds for taking, defending or being a party to these proceedings. 18 No. 1 of 2021] Legal Aid (4) The Director may at any time exercise discretion to invite any person to apply for legal aid if it appears to the Director that such person may be— (a) eligible for legal aid under this section; and (b) ignorant of that person’s right to apply for legal aid. (5) For the purposes of this section— “interest of justice” shall include consideration for equity and fairness, as determined by the Board. Effect of legal aid certificate
Section 35Verify source
§ 36Effect of legal aid certificateProvision

A person with a granted legal aid certificate is entitled to legal aid for the related matter, provided under this Act.

36. Subject to this Act, a person in respect of whom a legal aid certificate has been granted shall be entitled to legal aid in the matter to which the legal aid certificate relates and to be provided either by a— (a) Legal Aid Counsel, Legal Aid Assistant or paralegal of Alternative dispute resolution Appeal against refusal of Director to grant legal aid the Legal Aid Board; or (b) practitioner.
Section 36Verify source
§ 37Alternative dispute resolutionProvision

If people apply for legal aid in contemplated proceedings, the Director may require them to use alternative dispute resolution if the Director thinks the dispute is suitable and the parties consent.

37. Where in any contemplated proceedings, the parties thereto apply for legal aid under this Act and the Director considers that the dispute is of a nature which could properly be the subject of alternative dispute resolution, the Director may, as a condition of the granting of legal aid, require the parties to submit the dispute to alternative dispute resolution subject to the consent of the parties.
Section 37Verify source
§ 38Appeal against refusal of Director to grant legal aidProvision

If the Director refuses a legal aid certificate, the applicant may appeal to the Board within 30 days, and the Director and Board must give written reasons in specified cases.

38. (1) The Director shall, where the Director rejects an application for a legal aid certificate— (a) notify the applicant in writing stating the reasons for the decision; and (b) inform the applicant of the applicant’s right to appeal to the Board. (2) Where the Director refuses to grant a legal aid certificate under subsection (1), the applicant may appeal to the Board within thirty days of the Director’s decision. Legal Aid [No. 1 of 2021 19 Termination of legal aid (3) The Board may, in determining an appeal under subsection (2)— (a) set aside the decision of the Director rejecting the application for legal aid if the Board is satisfied that grounds exist which qualify or entitle the person to be granted legal aid; or (b) dismiss the appeal. (4) The Board shall, where the Board dismisses an appeal under subsection (3)— (a) record, in writing, the reasons, for the dismissal; and (b) inform the applicant of the reasons for dismissal.
Section 38Verify source
§ 39Termination of legal aidProvision

The Director may terminate legal aid, but not legal aid under sections 43 to 47 without court leave. If legal aid is terminated, the Director must record reasons and tell the person they may appeal to the Board within 30 days.

39. (1) Subject to subsection (2), the Director may, at any time for any reason which the Director considers to be sufficient, terminate legal aid granted under this Act in any criminal or civil matter. (2) The Director shall not terminate legal aid granted under sections 43, 44, 45, 46 and 47 without leave of the court. (3) The Director shall, where the Director terminates legal aid granted under subsection (1)— (a) record, in writing, the reasons for that termination; and (b) inform the legally aided person of that person’s right to appeal to the Board. (4) Where the Director terminates legal aid granted under this Act, the legally aided person may appeal to the Board within thirty days of termination. (5) The Board may, in determining an appeal under subsection (3)— (a) set aside the decision of the Director terminating legal aid granted if the Board is satisfied that grounds exist which qualify or entitle the person to continue to be granted legal aid; or (b) dismiss the appeal. (6) Where the Board dismisses an appeal under subsection (5), the Board shall — (a) record, in writing, the reasons, for that dismissal; and (b) inform the legally aided person of the reasons for dismissal. 20 No. 1 of 2021] Legal Aid PART VI LEGAL AID FUND Continuation of Fund
Section 39Verify source

Part

PART VI

§ 40Continuation of FundRepeal

The Fund continues to exist for legal aid services, and the Board may accept donations, raise loans, and charge or collect fees.

40. (1) The Fund established under the repealed Act shall continue to exist as if established under this Act, for purposes of providing legal services to persons granted legal aid in accordance with this Act. (2) The Fund consists of monies that may— (a) be appropriated by Parliament for the purposes of the Fund; (b) be paid to the Fund by way of fees, legal aid contributions or costs; and (c) vest in, or accrue to, the Fund. (3) The Board may— (a) accept moneys by way of grants or donations from any source in Zambia, and subject to the approval of the Minister responsible for Finance, from any source outside the Republic; or (b) raise by way of loans or otherwise, the monies that it may require for the performance of the Legal Aid Board’s functions; and (c) charge and collect fees provided by the Legal Aid Board.
Section 40Verify source
§ 41Application of monies of FundProvision

The Board may use Fund money for legal services, practitioner remuneration, and certain representation expenses, except for a practitioner providing legal aid under the Legal Practitioners Act.

41. The Board may apply the moneys of the Fund for— (a) purposes of providing legal services to persons granted legal aid in accordance with this Act; (b) the remuneration of practitioners under section 13; and (c) other expenses incurred by a practitioner while representing a legally aided person under this Act except for a practitioner providing legal aid under the Legal Practitioners Act.
Section 41Verify source
§ 42Administration of Fund and accountsProvision

The Board must administer the Fund, keep proper accounts, and pay the auditor’s fees. The Minister must set prudent controls for the Fund by statutory instrument, and the Fund must be audited annually.

42. (1) The Board is responsible for the administration of the Fund. (2) The Minister shall, by statutory instrument, provide for prudent controls of the Fund relating to— (a) fiscal controls and accounting procedures governing the Fund; (b) reporting procedures for matter relating to the Fund; and (c) investment of the monies of the Fund. Applications of monies of Fund Cap. 30 Administration of Fund and accounts Legal Aid [No. 1 of 2021 21 (3) The Board shall cause to be kept proper books of account and other records relating to the accounts of the Fund. (4) The Fund shall be audited annually by the Auditor-General or an auditor appointed by the Auditor-General. (5) The auditor’s fees shall be paid by the Board. PART VII LEGAL AID GRANTED BY COURT A. Criminal Cases
Section 42Verify source

Part

PART VII

§ 43Application for legal aid in courtOffence

People charged with an offence, or later appealing a criminal conviction or order, may apply for legal aid; courts can grant it, and must record reasons and tell applicants about appeal rights if refused.

43. (1) A person charged with an offence before a court may apply to the court for legal aid and the court may grant a legal aid certificate under this Act, if the court considers that— Application for legal aid in court (a) the accused has insufficient means to enable the accused to pay for legal services; (b) having regard to the circumstances of the case, it is desirable in the interests of justice that the accused be provided with legal aid. (2) A person who is convicted of, or sentenced for, an offence by a court and intends to appeal against that conviction or sentence or against any judgement or order affecting that person which was made in any criminal case may apply for legal aid to the court that convicted or sentenced that person. (3) A person who becomes a respondent in an appeal in a criminal cause or matter before any court may apply for legal aid to that court. (4) The court shall, where a court rejects an application for the grant of legal aid under subsections (1), (2) or (3)— (a) record, in writing, the reasons for the rejection; and (b) inform the accused or respondent of the accused or respondent’s right to appeal to a superior court. (5) A court may, in determining an appeal under subsection (4)— (a) set aside the decision of a lower court refusing the application for legal aid if the superior court is satisfied that grounds exist which qualify or entitle the accused or respondent to be granted legal aid and may cause the issuance of a legal aid certificate; or (b) dismiss the appeal. 22 No. 1 of 2021] Legal Aid (6) The court shall, where a court dismisses an appeal under subsection (5)— (a) record, in writing, the reasons, for that dismissal; and (b) inform the accused or respondent of the accused or respondent’s right to appeal to an appropriate superior court. (7) Where a court dismisses an appeal under subsection (6), the accused or respondent may appeal to the appropriate superior court. (8) A court shall on the grant of legal aid under this section notify the Director. (9) The Director shall on receipt of the notice under subsection (8), issue a legal aid certificate and assign to the person granted legal aid for purposes of the criminal proceedings to which the certificate relates— (a) a Legal Aid Counsel or Legal Aid Assistant; or (b) a registered practitioner;
Section 43Verify source
§ 44Legal aid granted at initiative of courtOffence

Courts must grant legal aid certificates in several criminal cases when the statutory conditions are met.

44. (1) Despite section 43, a court shall grant a legal aid certificate in the prescribed manner and form where— (a) a person is— (i) charged with a specified offence; or (ii) charged with an offence other than a specified offence and the court before which the person appears considers that, having regard to the circumstances of the case, it is desirable in the interests of justice that the person be granted legal aid; (b) the case is not the subject of a preliminary inquiry; and (c) the court before which the person appears considers that the person has insufficient means to enable that person to pay for legal services. Legal aid granted at initiative of court Legal Aid [No. 1 of 2021 23 (2) A court shall grant a legal aid certificate in a prescribed form if during preliminary inquiry held under the Criminal Procedure Code the court considers that— Cap. 88 (a) having regard to the circumstances of the case, it is necessary in the interests of justice that the accused be represented by a practitioner at that inquiry; and (b) the accused has insufficient means to enable the accused to pay for legal services. (3) Whenever a court commits a person for trial before the High Court and the court considers that the accused has insufficient means to enable the accused to engage a practitioner to represent the accused, the committing court shall cause the issuance of a legal aid certificate in the prescribed form. (4) Despite section 43, where a juvenile is brought before a court and is unrepresented, the court shall grant a legal aid certificate in a prescribed manner and form. (5) A court shall on the grant of legal aid under this section notify the Director. (6) The Director shall, on receipt of a notice under subsection (5) assign to the person granted legal aid for purposes of the criminal proceedings to which the certificate relates— (a) a Legal Aid Counsel or Legal Aid Assistant; or (b) a registered practitioner. (7) The Minister shall, by statutory instrument, prescribe for the purposes of this Part, certain class of offences as specified offences. B. Civil Cases
Section 44Verify source
§ 45Legal aid in civil cases where State is partyProvision

A court may grant legal aid in civil cases involving the State, may name a practitioner, and may order the aided person to contribute to costs.

45. (1) A court may at any time grant legal aid to a person who is a party in any civil proceedings, whether at first instance or on appeal, in which the State is also a party if the court considers that— Legal aid in civil cases where State is party (a) the person satisfies the conditions under which legal aid may be granted to that person under this Act; and (b) it is in the interests of justice that the person be represented by a practitioner, other than the Director. 24 No. 1 of 2021] Legal Aid (2) The powers of a court under subsection (1) shall be exercisable whether or not legal aid is applied for or granted under any other provision of this Act. (3) The court may, in granting legal aid under this section, specify one or more practitioners and the Director shall allocate the person requiring legal representation concerned to the practitioner so specified. (4) Where a legal aid certificate is granted under this section, the court may order the legally aided person to contribute to the cost of the legal aid afforded to that person to an extent that the court considers just and reasonable having regard to that person’s means and the maximum contribution to legal aid payable.
Section 45Verify source
§ 46Cases involving point of law of public importanceProvision

If a party is unrepresented in court proceedings and a public-important point of law is likely to arise, the court may grant that party legal aid.

46. Where, in any proceedings before a court, any party to the case is unrepresented and the court considers that a point of law of public importance is likely to arise in the case, the court may grant legal aid to that party for the purposes of the proceedings in the prescribed form.
Section 46Verify source
§ 47Grant of legal aid in civil matterProvision

When legal aid is granted in a civil matter, the court must notify the Director, who must assign a legal representative, and the assigned counsel/assistant/practitioner must take up the representation.

47. (1) A court shall, on the grant of legal aid in a civil matter under this Act, notify the Director. (2) The Director shall, on receipt of the notice under subsection (1), assign to the person granted legal aid for the purposes of the civil proceedings— (a) a Legal Aid Counsel or Legal Aid Assistant; or (b) a registered practitioner. (3) A Legal Aid Counsel, Legal Aid Assistant or practitioner shall, on receipt of a notice of the assignment from the Director, undertake legal representation of the person to whom a legal aid certificate is granted.
Section 47Verify source
§ 48Person may refuse or dispense with legal aidCommencement

A person may refuse legal aid; if that happens, the court must cancel legal aid and continue the case without it.

48. (1) Despite anything to the contrary contained in this Act, a person may refuse legal aid granted under this Part. (2) Where a person refuses legal aid under subsection (1), the court shall— (a) cancel the grant of legal aid to that person; (b) permit that person to conduct the case in person or by a practitioner of that person’s choice without legal representation which is arranged by the Director; and (c) record reasons put forward by that person for the refusal. Cases involving point of law of public importance Grant of legal aid in civil matter Person may refuse or dispense with legal aid Legal Aid [No. 1 of 2021 25 Categories of civil cases for which legal aid may not be granted Consultation fees for legal aid Legal aid contribution (3) A court shall, where in any proceedings commenced an accused person refuses legal aid or the court cancels the grant of legal aid to the accused person, continue with and conclude those proceedings without legal aid. (4) A cancellation of grant of legal aid under tis section shall not affect the right of the Director to require a person to contribute to the cost of any legal aid that may have been provided before the cancellation.
Section 48Verify source
§ 49Categories of civil cases for which legal aid may not beProvision

The Minister may, after consulting the Board and the Chief Justice, set which civil cases cannot receive legal aid under this Act.

49. The Minister may, in consultation with the Board and the Chief Justice, specify the categories of civil cases to which legal aid may not be granted under this Act. PART VIII CONTRIBUTION AND COSTS OF LEGAL AID
Section 49Verify source

Part

PART VIII

§ 50Consultation fees for legal aidProvision

The Director may require legal aid applicants to pay a prescribed consultation fee, may waive all or part of it if they cannot pay, and the Legal Aid Board may identify services that do not need consultation fees.

50. (1) The Director may require any person seeking legal aid from the Legal Aid Board to pay a consultation fee as prescribed. (2) The Director may waive the whole or part of a consultation fee payable under subsection (1), where the Director is satisfied that the person is unable to pay that fee. (3) Despite subsection (1), the Board may specify the types of services under legal aid that do not require payment of consultation fees.
Section 50Verify source
§ 51Legal aid contributionProvision

The Director may require a legal aid recipient to contribute to the cost, may waive all or part of the contribution if the person cannot pay, and may later cancel legal aid if a due contribution is not paid; the Board also has related calculation and deduction powers.

51. (1) The Director may, in granting legal aid to any person under this Act, require that person to contribute to the cost of that legal aid to an extent which seems to the Director to be just and reasonable having regard to that person’s means or otherwise as prescribed. (2) The Director may waive the whole or part of a contribution payable under subsection (1) where the Director is satisfied that the person is unable to pay that contribution. (3) The Board may determine different methods of calculating a contribution to the cost of legal aid for criminal and civil cases. (4) Any contribution that remains unpaid by a person required to pay a contribution under subsection (1) shall be recoverable as a civil debt as if the sum is adjudged to be payable to the Board. (5) Where damages, costs or any property is recovered on behalf of a legally aided person, the costs incurred by the Director on behalf of the legally aided person less any contribution made by that person under subsection (1) shall be deducted by the Legal Aid Board from the monies relating to damages, costs or the property so recovered. 26 No. 1 of 2021] Legal Aid (6) Where the court or the Director grants legal aid under this Act, and the Director makes a contribution order under subsection (1), the Director may direct that the grant of legal aid shall not take effect before the contribution is made. (7) Where a legally aided person fails to pay any contribution under this section when it is due, the Director may, cancel the grant of legal aid where the Director is satisfied that the person — (a) was able to pay the legal aid contribution when it was due; and (b) has failed or refused to do so. (8) The Director shall not cancel a grant of legal aid under subsection (7), without according a legally aided person an opportunity to be heard on the matter. Ascertainment of means
Section 51Verify source
§ 52Ascertainment of meansProvision

The Director must consider a person's income and property when assessing means, but must ignore specified excluded items and the subject matter of a legally aided dispute.

52. (1) The Director, in ascertaining the means of any person for the purpose of this Act, shall take into account— (a) that person’s income; and (b) the personal and real property of that person, except that person’s dwelling house, the household, furniture the tools or implements of that person’s trade. (2) The subject-matter of any dispute in relation to which legal aid is granted shall not be taken into account in assessing a person’s means. (3) The Director shall, in assessing a person’s means, determine a person’s commitments for purposes of deductions of resources which would otherwise be that person’s means. Costs awarded to legally aided person
Section 52Verify source
§ 53Costs awarded to legally aided personProvision

Costs awarded to a legally aided person must be paid to the Legal Aid Board, and only the Director can give a valid discharge for them.

53. (1) Where a court in respect of any proceedings before the court awards costs to a legally aided person, the costs should be paid to the Legal Aid Board and only the Director shall be capable of giving good discharge of the costs so payable. (2) The Director may, for the purpose of receiving any costs payable to the Director under subsection (1), take steps and pursue remedies that could have been taken or pursued by a legally aided person to whom costs were awarded and the costs of taking those steps or pursuing those remedies may be recovered and received by the Legal Aid Board. Legal Aid [No. 1 of 2021 27 (3) Costs paid to the Legal Aid Board in pursuance of this section may be paid into and shall form part of the Fund, except that a legally aided person may be paid out of the costs paid to the Legal Aid Board the amount, or a portion of the amount that the Director considers just and equitable, of any contribution made by the legally aided person under section 51. (4) Subject to this section, the costs awarded by a court to a legally aided person shall be the costs which would have been payable if the services performed under legal aid had been performed by a practitioner in private practice on the instruction of a client without benefit of legal aid, and taxed accordingly.
Section 53Verify source
§ 54Deductions from awards to legally aided personProvision

The Director must deduct an amount set by the Board from certain money awarded or payable to a legally aided person, and those deductions may be paid into the Fund.

54. (1) The Director shall deduct an amount as determined by the Board from— (a) damages or compensation awarded to a legally aided person by court; and (b) an amount payable to a legally aided person under settlement. (2) Deductions paid to the Legal Aid Board under this section may be paid into and shall form part of the Fund.
Section 54Verify source
§ 55CostsProvision

If a court awards costs against a legally aided person, the amount cannot be more than the required or reasonably required contribution under section 51, whichever is greater. Those costs are paid from the Fund.

55. (1) Where a court awards costs against a legally aided person, those costs shall not exceed the contribution which that person was required to make or which the court considers that person could reasonably have been required to make under section 51, whichever is the greater. (2) Costs awarded by a court against a legally aided person shall be paid out of moneys from the Fund. Deductions from awards to legally aided person Costs Register
Section 55Verify source
§ 56RegisterProvision

The Director must create and maintain the register, keep it at the Legal Aid Board offices for public inspection during office hours, and issue certified extracts or registration copies on request and payment of the prescribed fee.

56. (1) The Director shall establish and maintain a register in the prescribed manner and form of — (a) persons granted legal aid under this Act; (b) registered practitioners, legal assistants, paralegals and legal aid service providers under this Act; and (c) any other matter as may be prescribed. (2) The registers shall be kept in the custody of the Director at the offices of the Legal Aid Board and shall be open for inspection to members of the public during normal office hours. 28 No. 1 of 2021] Legal Aid (3) The Director shall, on an application by any person, issue to the person a certified extract from a register or a copy of a certificate of registration on payment of a fee as prescribed. PART IX GENERAL PROVISIONS Appeals
Section 56Verify source

Part

PART IX

§ 57AppealsOffence

A person aggrieved by a Legal Aid Board decision may appeal to the Minister within 30 days of receiving the decision, and a person aggrieved by the Minister’s appeal decision may appeal to the High Court.

57. (1) A person who is aggrieved with a decision of the Legal Aid Board, may appeal to the Minister within thirty days of receipt of the decision. Information on right to legal aid by judges, magistrates, correctional and police officers, prosecutors or law enforcement officers General offences (2) A person who is aggrieved with a decision of the Minister on appeal may appeal to the High Court.
Section 57Verify source
§ 58Information on right to legal aid by judges, magistrates,Provision

Certain justice and law-enforcement officers must tell detained or court-held people about legal aid and help detained requesters apply to the Legal Aid Board.

58. (1) A Judge, judicial officer, correctional officer, police officer, prosecutor or any law enforcement officer shall inform a person in a court, correctional centre, police station, police post or any other place of detention, of that person’s right to engage the services of a practitioner or to apply for legal aid as provided under this Act. (2) Information required to be provided under subsection (1), on the right to apply for legal aid shall be provided to a suspect or accused person prior to any questioning or at the time of deprivation of liberty. (3) A police officer, correctional officer or any other law enforcement officer shall facilitate and assist any detained person who requests legal services to apply to the Legal Aid Board for legal aid.
Section 58Verify source
§ 59General offencesOffence

Specified legal aid providers must not charge legal fees to legally aided persons for services under the Act, and wilful obstruction of detainees accessing legal aid is an offence.

59. (1) A practitioner, legal assistant, paralegal or legal aid service provider shall not demand, request or receive legal fees from a legally aided person in relation to services rendered under this Act. (2) A practitioner, legal assistant, paralegal or legal aid service provider who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding ten thousand penalty units. (3) A person who wilfully obstructs a person held in detention from accessing legal aid under this Act commits an offence and is liable, on conviction, to a fine not exceeding ten thousand penalty units. Legal Aid [No. 1 of 2021 29
Section 59Verify source
§ 60Administrator-General may be administrator ad litem inProvision

The Director may ask the Administrator-General to apply to court for administration in limited cases, and the court may appoint the Administrator-General for that limited purpose.

60. (1) The Director may request the Administrator-General to apply to the court for a grant of administration for the limited purposes of bringing or defending proceedings where— (a) legal aid has been granted under this Act for the purpose of bringing or defending proceedings for the benefit of the estate of a deceased person or for the purpose of bringing proceedings under the Fatal Accidents Acts, 1846 to 1908, of the Parliament of the United Kingdom for the benefit of any dependant of a deceased person; and Administrator- General may be administrator ad litem in certain cases (b) it appears to the Director that there is no person able and willing to take probate or letters of administration, or to be appointed administrator under the provisions of section 36 of the Local Courts Act. Cap. 29 (2) The Court may, on an application under subsection (1), where the court considers necessary appoint the Administrator- General to be an administrator for the limited purpose specified under that subsection. (3) Subsection (1) shall not be limited by the provisions of section 32 of the Administrator-General’s Act. Cap. 58 (4) This section shall not be deemed to— (a) limit the power of the Administrator-General to apply for a grant of probate or letters of administration under any other written law; or (b) render the Administrator-General personally liable in any way for any act done by the Administrator-General in pursuance of the Administrator-General’s duties as an administrator appointed under this section.
Section 60Verify source
§ 61RegulationsProvision

The Minister may make regulations, on the Legal Aid Board’s recommendation, to carry out the Act.

61. (1) The Minister may, on the recommendation of the Legal Aid Board, by statutory instrument, make Regulations for the better carrying out of the provisions of this Act. Regulations (2) Despite the generality of subsection (1), the Regulations may make provisions for— (a) the form of any certificate, application and other document which may be required for the purposes of this Act; (b) the manner in which the means of any person who may be eligible for legal aid shall be computed; 30 No. 1 of 2021] Legal Aid (c) the manner of payment of any consultation fee required to be made by a person seeking legal aid; (d) the manner of payment and recovery of any legal aid contribution required to be made by a person to whom legal aid is granted; (e) the manner of payment and recovery of any deduction required from awards to a person to whom legal aid is granted; (f) the manner of payment of any fees required under this Act; and (g) reports and information required by the Director for the purposes of this Act to be supplied by public officers and other persons.
Section 61Verify source
§ 62Repeal of Act No. 30 of 1967Repeal

This section repeals the Legal Aid Act, 1967.

62. The Legal Aid Act, 1967 is repealed.
Section 62Verify source
§ 64Savings and transitional provisionsRepeal

The Second Schedule applies to the savings transitional provisions.

64. The Second Schedule applies to the savings transitional provisions. Repeal of Act No. 30 of 1967 to bind Act Republic Savings and transitional provisions Legal Aid [No. 1 of 2021 31 FIRST SCHEDULE (Section 4 (3)) PART I ADMINISTRATION OF LEGAL AID BOARD
Section 64Verify source

Part

part in any consideration or discussion of, or vote on any question

§ 89Provision

No action or proceeding may be brought against Board or committee members for acts or omissions done in good faith while exercising, or purporting to exercise, their functions under the Act.

8. An action or other proceeding shall lie or be instituted against any member of the Board or a member of a committee for or in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of that member of the Board or committee member’s functions under this Act.
Section 8Verify source
§ 9Functions of BoardOffence

A person must not disclose confidential information learned through duties under the Act without written consent from the Board, except in the course of duties.

9. (1) A person shall not without the consent in writing given by, or on behalf of the Board, publish or disclose to any person other than in the course of duties, the contents of any confidential document, communication, or information which relates to and which has come to the person’s knowledge in the course of the person’s duties under this Act. (2) A person shall not, having information which to the knowledge of that person has been published or disclosed in contravention of subparagraph (1), unlawfully publish or communication the information to another person. (3) Any person who knowingly contraventions subparagraphs (1) and (2), commits an offence and is liable on conviction to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. PART II FINANCIAL PROVISIONS
Section 9Verify source

Legislative relationships

8 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

  • Act No. 30 of 1967 This section repeals the Legal Aid Act, 1967

    Section 62

  • Act No. 30 of 1967 to bind Act

    Section 64

  • Board A person must not disclose confidential information learned through duties under the Act

    Section 9

  • Board or committee member’s functions under this Act

    Section 8

  • Board’s functions under the Act

    Section 10

G–M

3 instruments

  • Legal Aid Board and shall carry out the functions under this Act

    Section 9

  • Local Courts Act

    Section 60

  • Mental Health Act, 2019

    Section 2

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