Justice. It is therefore crucial to analyse the functioning of this body, the pro bono and judicare models, the justice centres and the models used in South Africa.198 In South Africa, different methods are used to provide legal aid services. The Legal Aid Board has developed a number of measures, including: unremunerated private lawyers (pro bono), private lawyers remunerated by the State (Judicare), state-funded trainee lawyers in rural law firms, state-funded legal clinics; State-funded justice centres (one-stop legal aid centres?), private specialist law firms, independent teaching hospitals, paralegal counselling centres and legal protection insurance to promote the legal aid system.196 The ethical rules of the legal profession require lawyers to provide legal assistance.206 The latter must take over cases without compensation, 207 but can take care of their 198 These include private specialist lawyers. Law firms, independent university law clinics, paralegal advice centres and legal protection insurance. The Legal Aid Board is the main instrument for the delivery of legal aid services in South Africa.199 The manner in which it will provide legal aid to the poor is left to discretion. To this end, it has established a number of working rules, which have been included in the Guide to Legal Aid.200 Under the Legal Aid Act, the Committee is obliged to grant or make available legal aid to indigent persons. 201 The Committee`s objective is to grant or make available, as far as possible, legal aid to persons in need within their financial means.202 To this end, it excludes legal aid in certain categories of criminal cases203 and civil cases204, even if a person is means-tested. 205 The size and structure of the legal profession will determine whether there are enough lawyers to meet the needs of the poor and whether staff lawyers or articling students can be recruited as public defenders in criminal cases. What does the provision of legal aid to the poor depend on and what determines its nature and scope? What determines whether a country has sufficient legal aid to serve the poor? How does the nature of the national legal aid structure affect the granting of legal aid? One of the drawbacks of pro bono services is that pro bono clients may not receive the same level of service as paying clients, and many lawyers are reluctant to take on pro bono cases. As Van Hennie rightly argues, the chances of establishing a comprehensive legal aid system based on pro bono work are minimal.209 South Africa also has experience of the judicial system functioning when there is an adequate administrative structure to support it and proper accounting systems are in place to process claims for fees and payments in a timely manner. and budgetary constraints keep pace with demand.210 Fees and expenses at normal rates when costs are awarded to the litigant.208 As noted above, since 1994 the Committee has been mandated on behalf of the State to provide the constitutionally required legal services in criminal matters, which has had a significant impact on its ability to continue to apply the legal approach. The Committee considers that access to justice is the provision of various means by which the poor can achieve something such as equality before the law, and equates equality before the law with the satisfaction of the need for legal aid.
It intends to achieve this through a comprehensive approach to access to justice. The role of each of these different mechanisms in the provision of legal aid services in South Africa is briefly analysed to see what Rwanda can replicate. It should be noted that a national forum on legal aid was convened in 1998 to agree that private legal aid compensated by the State (judicare) should be replaced by a model of a Justice Centre. Since 1994, however, the Governing Body has been responsible for providing legal services in criminal matters on behalf of the State. This has had a major impact on its ability to continue to apply the legal approach.197 Is it worth noting that the South African Legal Aid Council acted as an intermediary for the South African people? The provision of legal aid (a system of providing lawyers or other legal services generally free of charge) and legal services to the poor in each country depends on the financial resources available, the structure of the legal profession, the nature of the criminal justice system, constitutional requirements, national legal aid structures and the forms of legal aid used. The financial resources available determine the type and extent of legal aid that can be granted in a country. It is estimated that developed countries such as the United Kingdom and the United States spend about $32 and $2.25 per person, respectively, on legal aid. Developing countries like South Africa and Nigeria spend about $0. 50 or US$ 0.002 per person. 206 See Rule 6.3.1 of the Uniform Rules of Professional Conduct of the General Council of the Bar Association of South Africa. Aid SA Guidelines on Fraud, Corruption and Ethics. Newsletter 1 – 295 KB pdfCircular 2 – 183 KB pdfCircular 3 – 385 KB pdf Newsletter 1 – 953 KB pdfNewsletter 2 – 251 KB pdfNewsletter 3 – 79 KB pdfCircular 4 – 441 KB pdfNewsletter 5 – 676 KB pdf Three lessons have been learned from South Africa`s experience: 204 For example, in civil cases, the Chamber must always satisfy itself that the case is well-founded and that there is a reasonable prospect of success and redress.
See ibid. 195 For details, see South African Legal Aid Guide 2002 (2002) 18.