Legal Aid South Africa Act, 2014 (Act No. 39 of 2014)

Number and year of law

Title

Extent of amendment or repeal

Act No. 22 of 1969

Legal Aid Act, 1969

The repeal of the Act.

Act No. 51 of 1977

Criminal Procedure Act, 1977

1. The amendment of section 73 by the substitution in subsection (2C) for the words "the Legal Aid Act, 1969 (Act No. 22 of 1969)" of the words "the Legal Aid South Africa Act, 2014".

2. The amendment of section 77 by the substitution in subsection (1A) for the words "in terms of section 3B of the Legal Aid Amendment Act, 1996 (Act No. 20 of 1996) of the words "in terms of section 22 of the Legal Aid South Africa Act, 2014".

3. The amendment of section 143 by the substitution in subsection (2)(a) for the words "the Legal Aid Act, 1969 (Act No. 22 of 1969)" of the words "the Legal Aid South Africa Act, 2014".

4. The amendment of section 309D by the substitution in subsection (3) for the words "the Legal Aid Board referred to in section 2 of the Legal Aid Act, 1969 (Act No. 22 of 1969)" of the words "Legal Aid South Africa referred to in section 2 of the Legal Aid South Africa Act, 2014".

Act No. 53 of 1979

Attorneys Act, 1979

1. The amendment of section 1 by—

(a) the substitution in paragraph (b) of the definition of "community service" for the words "the Legal Aid Board established under section 2 of the Legal Aid Act, 1969 (Act No. 22 of 1969)" of the words "Legal Aid South Africa established under section 2 of the Legal Aid South Africa Act, 2014"; and

(b) the substitution in paragraph (c) of the definition of "principal" for the words "the Legal Aid Board established under section 2 of the Legal Aid Act, 1969 (Act No. 22 of 1969)" of the words "Legal Aid South Africa established under section 2 of the Legal Aid South Africa Act, 2014".

2. The amendment of section 3 by—

(a) the substitution in subsection (1)(fA) for the words "the Legal Aid Board" of the words "Legal Aid South Africa" and for the substitution of the words "the Legal Aid Board" of the words "Legal Aid South Africa"; and

(b) the substitution in subsection (1)(i)(i) for the words "the Legal Aid Board" of the words "Legal Aid South Africa".

3. The amendment of section 4A by the substitution in paragraph (c) for the words "the Legal Aid Board" of the words "Legal Aid South Africa".

4. The amendment of section 6 by the substitution in subsection (3)(b) for the words "the Legal Aid Board" of the words "Legal Aid South Africa".

5. The amendment of section 8 by the substitution in subsection (4)(a) for the words "the Legal Aid Board" of the words "Legal Aid South Africa".

Act No. 66 of 1995

Labour Relations Act, 1995

1. The amendment of subsection (1) of section 149 by—

(a) the substitution in paragraph (a) for the words "the Legal Aid Board" of the words "Legal Aid South Africa"; and

(b) the substitution in paragraph (b) for the words "the Legal Aid Board" of the words "Legal Aid South Africa".

Act No.   4 of 2000

Promotion of Equality and Prevention of Unfair Discrimination Act, 2000

1. The amendment of section 30 by the substitution in subsection (1)(c) for the words "the Legal Aid Board" of the words "Legal Aid South Africa".

Act No. 17 of 2002

Mental Health Act, 2002

1. The amendment of section 15 by the substitution in subsection (2) for the words "section 3(d) of the Legal Aid Act, 1969" of the words "section 4(1)(e) of the Legal Aid South Africa Act, 2014".

Act No. 38 of 2005

Children's Act, 2005

1. The amendment of section 55 by the substitution in subsection (1) for the words "the Legal Aid Board referred to in section 2 of the Legal Aid Act, 1969 (Act No. 22 of 1969)" of the words "Legal Aid South Africa referred to in section 2 of the Legal Aid South Africa Act, 2014".

Act No. 75 of 2008

Child Justice Act, 2008

1. The amendment of section 1 by the deletion of the definition of "Legal Aid Board".

2. The amendment of section 1 by the insertion of the following definition:

" ‘Legal Aid South Africa’ means the entity referred to in section 2 of the Legal Aid South Africa Act, 2014".

3. The amendment of section 80 by the substitution in subsection (2) for the words "in the case where the legal representative concerned has been employed by the Legal Aid Board, the Board; or" of the words "in the case where the legal representative concerned has been employed by Legal Aid South Africa, the Board of Directors of Legal Aid South Africa; or".

4. The amendment of section 82 by the substitution for subsection (1) of the following subsection:

"(1) Where a child appears before a child justice court in terms of Chapter 9 and is not represented by a legal representative of his or her own choice, at his or her own expense the presiding officer must refer the child to [the Legal Aid Board] Legal Aid South Africa for the matter to be evaluated by the Board as provided for in [section 3B(1)(b) of the Legal Aid Act, 1969 (Act No. 22 of 1969] section 22(1)(b) of the Legal Aid South Africa Act, 2014.".

5. The amendment of section 83 by the substitution for subsection (2) of the following subsection:

"(2) If a child referred to in subsection (1) does not wish to have a legal representative or declines to give instructions to an appointed legal representative, the court must enter this on the record of the proceedings and a legal representative must, subject to the provisions of the [Legal Aid Guide] Legal Aid Manual referred to in [section 3A of the Legal Aid Act, 1969 (Act No. 22 of 1969)] section 24(1) of the Legal Aid South Africa Act, 2014, be appointed by [the Legal Aid Board] Legal Aid South Africa to assist the court in the prescribed manner.".

6. The amendment of section 89 by the substitution in subsection (5)(a) for the words "the Legal Aid Board" of the words "Legal Aid South Africa".