| (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 prospects of success. |
[Regulation 13(1) substituted by section 4(a) of Notice No. R.680, GG44936, dated 6 August 2021]
| (2) | Legal aid may be granted for legal representation in a court hearing for 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 good prospects of success; and |
| (i) | opposing party is represented by a legal practitioner or is a legal practitioner; or |
| (ii) | the legal aid applicant is over 60 years of age or disabled. |
[Regulation 13(2) substituted by section 4(b) of Notice No. R.680, GG44936, dated 6 August 2021]
| (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. |
