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

Regulations

23. Other legislation requiring legal representation for children
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(1)Legal aid may be granted to a child for legal representation to intervene in divorce, care or maintenance proceedings between the parents of the child if—
(a)it is necessary to protect the best interests of a child; and
(b)if substantial injustice would otherwise result.

 

(2)Legal aid may be granted to a child for the administration of an estate where it is required to protect the best interests of a child.

 

(3)Legal aid as contemplated in subregulation (2) may only be granted where the value of the estate does not exceed the amount determined by the Minister responsible for the administration of justice in terms of section 18(3) of the Administration of Estates Act, 1965 (Act No. 66 of 1965), except where there is immovable property in that estate of which the value exceeds the amount determined in terms of section 18(3) but is valued at less than R500 000.

 

(4)        Legal aid may be granted to a child to institute a —

(a)claim against the Road Accident Fund, established by the Road Accident Fund Act, 1996 (Act No. 56 of 1996); and
(b)to institute a personal injury claim.

 

(5)Legal aid may be granted to a child in a domestic violence matter where it is required to protect the best interests of that child and if substantial injustice would otherwise result.

 

(6)Legal aid may be granted to an unaccompanied foreign child as contemplated in the Refugees Act, 1998, where it is required to protect the best interests of that child and if substantial injustice would otherwise result.

 

(7)Legal aid may be granted to a child in a matter brought in terms of the Protection from Harassment Act, 2011, where it is required to protect the best interests of that child and if substantial injustice would otherwise result.

 

(8)Legal aid may be granted to a child for a monetary claim that falls within the small claims court monetary jurisdiction where it is required to protect the best interests of that child and if substantial injustice would otherwise result.

[Regulation 23(8) substituted by section 7 of Notice No. R.680, GG44936, dated 6 August 2021]

 

(9)Legal aid may be granted to a child if it is required for the appointment of a curator ad litem or a curator bonis.