Legal Aid South Africa Act, 2014 (Act No. 39 of 2014)Regulations1. Definitions |
In these regulations any word or expression to which a meaning has been assigned in the Act has the meaning so assigned to it and, unless the context otherwise indicates—
includes any—
| (a) | movable or immovable property; |
| (b) | corporeal or intellectual rights to property; and |
| (c) | item, property or money that a legal aid applicant has received, or will in the future be entitled to receive, from the estate of any deceased person: Provided that this provision will also apply if— |
| (i) | no distribution account for the deceased estate has yet been drawn up; |
| (ii) | the legal aid applicant or his or her spouse has not yet taken transfer of, or received delivery of, the item, property or money; or |
| (iii) | the item, property or money is held in the name of the estate or in the name of a trust as contemplated in regulation 28(3); |
means a person under the age of 18 years;
"Children’s Act"
means the Children’s Act, 2005 (Act No. 38 of 2005);
"Hague Convention"
means the Hague Convention on the Civil Aspects of International Child Abduction, signed at the Hague on 25 October 1980 and entered into force between the signatories on 1 December 1983;
"household"
means family members, spouses, partners, children and parents who live together for at least four nights a week, and who share meals and resources;
"impact legal services"
means litigious or non-litigious legal services as provided for in regulation 35;
"legal aid applicant"
means a person applying for legal aid;
"legal aid recipient"
means a person receiving legal aid;
"Manual"
means the Legal Aid Manual referred to in section 24 of the Act;
"means test"
means Legal Aid South Africa’s test to decide whether a legal aid applicant qualifies for legal aid, or not, as provided for in regulation 27;
"merit report"
means a report by a legal practitioner which is an assessment of the facts and law pertaining to an applicant's case to determine prospects of success to determine the provision or continuation of civil legal aid as provided for in regulation 9;
"net monthly income"
means income from any source as contemplated in regulation 27;
"Republic"
means the Republic of South Africa;
"spouse"
means the—
| (a) | marriage partner of a person married in terms of the Marriage Act, 1961 (Act No. 25 of 1961); |
| (b) | marriage partner of a person in a customary marriage as provided for by the Recognition of Customary Marriages Act, 1998 (Act No.120 of 1998); or |
| (c) | civil union partner of a person in a civil union concluded in terms of the Civil Union Act, 2006 (Act No. 17 of 2006); and |
means the Legal Aid South Africa Act, 2014 (Act No. 39 of 2014).