## OF THE LEGAL AID SOUTH AFRICA ACT, 2014 (ACT NO. 39 OF 2014)

Ms S SHAIKH: Thank you very much, hon Deputy Chairperson and greetings to all hon members. Hon Deputy Chairperson, the Minister of Justice and Correctional Services, on 20 January 2021, tabled in Parliament amendments to a number of Regulations in terms of the Legal Aid South Africa Act 39 of 2014.

In terms of the Act, the Minister must makeregulations relating to the provision of legal aid, instances in civil and criminal matters where legal aid is not provided, provision of limited legal aid and under which circumstances that happens, requirements or criteria that an applicant must comply with in order to qualify for legal aid and terms and conditions on which legal aid is made available to the applicant.

Hon Deputy Chair, the Minister must also make Regulations relating to the policy on the approval or refusal of legalaid, termination of legal aid and appeals against refusal or termination of legal aid and any matter that is necessary or expedient for the proper implementation or administration of the Legal Aid South Africa Act.

Hon Deputy Chair, the Legal Aid South Africa Act, 2014, also provides that the Minister must make regulations after receiving recommendations from the Legal Aid South Africa Board. Any regulations made must be tabled in Parliament by the Minister for approval before publication in terms of section 23(1) of the Act.

The Minister has tabled nine amended Regulations that requires Parliament's approval before they can be gazetted. The

amendments proposed are in respect of Regulations; 9, 11, 13, 14, 15, 23, 27, 31 and 32.

The draft amended regulations was referred to the committee on

2 February 2021 and on 10 March the committee was briefed on the amendments noting the following with regard to the Content of amended regulations: Regulation 9 deals with civil matters . The amendment of Regulation 9 provides clarity that, a waiting period can be allowed in civil matters to manage demand for civil legal services. In practice, the waiting period is already used and the amendment seeks to confirm this practice; and the new sub regulation 6 provides for matters which must be prioritised when such a waiting period is applied. These criteria are already used in practice.

This amendment to Regulation 11 seeks to correct a technical error to the existing Regulation 11(3) to rectify a typographical error in the proviso (pru-vai-zow) to ensurethat Legal Aid SA can only assist in claims that exceed the Small Claims Court's jurisdiction by more than 50%.

Regulation 13 deals with maintenance, domestic violence and harassment cases. Regulation 13(1) is substituted and the reference to a person over 60 years of age is omitted from the

amended sub-regulation which requires that in maintenance, domestic violence or Protection from Harassment Act matters, legal aid may be granted for an initial consultation to: (a) advise the applicant of his or her rights, (b) the procedurehe or she can follow and (c) his or her prospect of success.

Regulation 13(2) is amended by the addition of a subsection(c) at the end to provide that legal aid may be granted if the legal aid applicant is over 60 years of age, or is disabled. This will make it easier for disabled and elderly applicants to qualify for legal aid and will increase access for vulnerablegroups.