| (1) |
Legal aid may not be granted for a case where, in the opinion of Legal Aid South Africa, there is no substantial and identifiable material benefit to the legal aid applicant: Provided that this regulation does not apply to litigation in an equality court contemplated in the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000), and to impact legal services. |
| (2) |
Legal aid may not be granted for the following types of cases: |
| (a) |
A financial enquiry in terms of section 65 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944); |
| (b) |
an administration order in terms of section 74 of Magistrates’ Courts Act, 1944; |
| (c) |
the administration of an estate, subject to the provisions of regulation 23; |
| (d) |
the voluntary surrender or sequestration of an estate; |
| (e) |
the liquidation of a legal person; |
| (f) |
an application for the rehabilitation of an unrehabilitated insolvent; |
| (h) |
an action claiming damages on the grounds of — |
| (ii) |
infringement of dignity, excluding infringement as a result of adultery; and |
| (iii) |
infringement of privacy: |
Provided that legal aid may be granted to defend these kinds of actions.
| (3) |
Subject to regulation 23(8), legal aid may not be granted for any action that can be brought in a small claims court in terms of the Small Claims Courts Act, 1984 (Act No. 61 of 1984): Provided that Legal Aid South Africa may grant legal aid for a claim that exceeds the monetary jurisdiction of the small claims court by more than 50 percent. |
[Regulation 11(3) substituted by section 3 of Notice No. R.680, GG44936, dated 6 August 2021]
| (4) |
Legal aid may not be granted for instituting or defending an action in a burial dispute: Provided that legal aid may be granted when a burial dispute can be resolved through alternative dispute resolution. |
| (5) |
Legal aid may not be granted for the purpose of giving security: Provided that in matters where the sheriff requires security or an indemnity to effect a writ and where that request is in accordance with the rules of court and can be substantiated by the sheriff, Legal Aid South Africa may provide the necessary indemnity to a sheriff. |
| (6) |
Legal aid may not be granted for a claim — |
| (a) |
that has prescribed; or |
| (b) |
is unlikely to be acted on within the time left before prescription; and |
| (c) |
condonation is unlikely to be obtained. |
| (7) |
Legal aid may not be granted for any notarial or conveyancing matters save that, in matters involving children, conveyancing matters for children may be done through pro bono assistance. |
| (8) |
Legal aid may be granted for a non-litigious matter, including arbitration or mediation. |
| (9) |
Legal aid may not be granted for a civil matter where the legal aid applicant is entitled to legal representation at the expense of the state attorney or a government department. |
| (10) |
Legal aid may not be granted for the bringing of a claim against the Road Accident Fund, established by the Road Accident Fund Act, 1996 (Act No. 56 of 1996), or any other personal injury claim, subject to the provisions of regulation 23. |
| (11) |
Legal Aid may not be granted for a hearing before an administrative tribunal: Provided that legal aid may be granted to review a decision of an administrative tribunal. |
| (12) |
A legal aid applicant may only receive legal aid for one civil matter at a time, unless Legal Aid South Africa approves that legal aid may be granted for more than one matter, if it satisfied that— |
| (a) |
there is a good prospect that the cases will succeed; and |
| (b) |
the cost of the cases will be justified by the benefit to the legal aid applicant. |
Statistics Act, 1999
