Legal Aid South Africa Act, 2014 (Act No. 39 of 2014)Regulations22. Civil matters involving children |
| (1) | Legal aid may be granted to a child who may suffer substantial injustice in a civil case, after consideration of the following factors: |
| (a) | The seriousness of the implications for the child of the issue and whether the child’s constitutional rights or personal rights are at risk; |
| (b) | the complexity of the relevant law and procedure; |
| (c) | the financial situation of the child or the child’s parents or guardian; and |
| (d) | the child’s chances of success in the case. |
| (2) | Where a child is the respondent or defendant in a civil matter, the merits of the civil matter are irrelevant and a child may be granted legal aid. |
| (3) | If a child applies for legal aid to bring civil proceedings, Legal Aid South Africa must consider the merits of the case and the child’s prospects of success. |
| (4) | The means test is applied when the legal aid applicant is a child, subject to the following provisions: |
| (a) | If the child is not assisted by his or her parent or guardian, the child’s means are taken into account; |
| (b) | if the child is assisted by his or her parent or guardian, the parent or guardian’s means are taken into account; or |
| (c) | if the child is assisted by his or her parent or guardian, who exceeds the means test and can afford to provide legal representation for the child, yet fails, refuses or neglects to do so, legal aid may be provided to the child: Provided that Legal Aid South Africa may institute proceedings against that parent or guardian to recover the cost of the legal aid. |