Legal Aid SA is required by the Constitution to offer legal help in criminal and civil cases to those who are poor and vulnerable, funded by the state. Since Legal Aid SA receives tax money to assist the less fortunate, it must ensure that the person seeking legal aid genuinely qualifies. This is known as a Means Test. Each applicant must disclose their monthly income from wages or salary and any assets they possess, such as a car or a house. You can find more information on who qualifies for Legal Aid SA assistance here.
The Legal Resources Centre (LRC) is an independent, non-profit law centre dedicated to using the law to champion justice, democracy and the realisation of socio-economic rights. They focus on supporting the vulnerable and marginalised, including those who are poor, homeless and landless, and communities that face discrimination based on race, class, gender, disability or due to social, economic and historical factors. With over 65 lawyers and staff working from offices in Johannesburg, Durban, Pretoria and Grahamstown, they frequently collaborate with other civil society organisations.
Lawyers for Human Rights (LHR) is an independent human rights organisation with a strong history of human rights activism and public interest litigation in South Africa. LHR uses the law as a tool for positive change and to strengthen the democratisation of South African society. To achieve this, they offer free legal services to vulnerable, marginalised and indigent individuals and communities, both non-national and South African, who are victims of unlawful infringements of their constitutional rights. They have Law Clinics in Johannesburg, Pretoria and Durban, as well as offices in Stellenbosch and Upington.
ProBono.Org is a fantastic organisation that connects people in need with free legal help from the private legal community. They offer pro bono legal assistance to over 6,500 clients each year through their offices in Johannesburg and Durban. They also run a general legal clearing house where clients can get advice, be assessed and then referred to private lawyers for free legal support. Plus, they host free weekly legal clinics for refugees, those facing housing issues, individuals experiencing police brutality, consumers dealing with consumer law problems, NGOs and CBOs needing legal help and small businesses looking for start-up legal assistance, and many more.
Small Claims Court: If you have a claim against someone for up to R15,000, you can go to the Small Claims Court. You can’t use an attorney there, but you can get advice from one to get ready for your case. The court’s services are free, but they do charge a small fee to cover the cost of the summons and the Sheriff of the Court’s fee. A Commissioner oversees the proceedings and makes the final decision on who is right and who is wrong. If your claim is for more than R15,000, you can settle it for R15,000 or less. Here’s a diagram that shows how the small claims courts work.
If you are a not-for-profit organisation (NPO) or someone who is in need of legal help because you have very little money, you can apply to the provincial offices of the Legal Practice Council (LPC). They will look at your application and then pass it on to lawyers and law firms who know a lot about what you are dealing with. These lawyers will do the work for free as part of their community service. Just so you know, even if your NGO applies, it does not mean you will automatically get help. It will depend on the type of legal help you need, whether the NGO is officially set up and has had its finances checked out so the Law Society can see if they can afford to pay their own legal fees.
University law clinics are another option. Most university law schools have clinics where people can bring their complaints.
The Women’s Legal Centre is an African feminist legal centre that works to protect women’s rights and equality. They do this by using strategic litigation, advocacy and partnerships. They want to defend and protect the rights of vulnerable and marginalised women, especially black women, and help them get access to justice and fair resources. They are also working to help women be free from violence, improve equality and have a say in all areas of their lives, from home to work, in the community and in society.
If you are a victim of human rights abuses, unfair discrimination, hate speech or harassment, what can we do to help?
If you or an organisation feel you have been discriminated against, you can bring a case to the Equality Court. These courts can help sort things out through mediation, issue orders for damages or even ask someone to apologise. Discrimination can happen for reasons like race, gender, sex, pregnancy, marital status, ethnic or social background, age, colour, sexual orientation, age, disability, religion, culture, language or birth. You do not need a lawyer to bring a case to the Equality Court. If you are dealing with discrimination at work, the Labour Courts are the ones to contact.
The South African Human Rights Commission (SAHRC) is another option. They look into human rights violations and can help you get a lawyer to represent you if needed. They can also take your case to court. The SAHRC is independent and only answers to the Constitution and Parliament. Anyone can make a complaint to them, and you do not need a lawyer to do so. It is estimated that racism accounts for about 80% of the 10,000 human rights complaints they receive each year.
If you believe you have been discriminated against because of gender or sex, you can also file a complaint with The Commission on Gender Equality (CGE). Like the SAHRC, the CGE is independent and only answers to the Constitution and Parliament. You can make a complaint with them without needing a lawyer.
If you have any concerns about how the government is run, whether government officials are misusing their powers, if public officials are acting improperly or if public funds are being misused, you can contact the Public Protector. They can also help sort out disagreements and suggest other agencies to look into the matter.
For legal information, there is a wealth of resources online that can help you without needing to hire an attorney. You can find company searches, credit checks, director searches, deed searches, consumer tracing and debt management services. Legal City is a top online legal information provider in South Africa, and Kilgetty Secretarial Services is one of the best company secretarial services in the country.
When you are making important deals like buying, selling, leasing or letting property, it is best to get advice from an attorney rather than using pre-made contracts.