Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Legal Aid South Africa Act, 2014 (Act No. 39 of 2014)Regulations13. Maintenance, domestic violence and harassment cases |
| (1) | In a maintenance case in terms of the Maintenance Act, 1998 (Act No. 99 of 1998), a domestic violence case in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998), or a matter brought in terms of the Protection from Harassment Act, 2011 (Act No. 17 of 2011), Legal Aid South Africa may grant legal aid to a legal aid applicant for an initial consultation to advise him or her on his or her rights, the procedure he or she can follow and his or her prospect of success: Provided that legal aid may be granted to a person over 60 years of age in a domestic violence matter where it is required to protect that person. |
| (2) | Legal aid may be granted for legal representation in a court hearing for the matters referred to in subregulation (1), if— |
| (a) | in the opinion of Legal Aid South Africa, the legal aid applicant’s claim or defence has a good prospect of success; and |
| (b) | the opposing party is represented by a legal practitioner or is a legal practitioner. |
| (3) | Legal aid may be granted for legal representation in a maintenance matter if— |
| (a) | the legal aid applicant has been unable to seek or execute a maintenance order for a period of longer than 12 months, due to a failure by the system; or |
| (b) | there is an abuse of the court system. |
