Legal Aid South Africa Act, 2014 (Act No. 39 of 2014)Regulations2. General policy |
| (1) | Legal Aid South Africa may provide legal aid in a criminal case to any accused person charged before a South African court who qualifies for legal aid in terms of these regulations. |
| (2) | Legal aid is only available to natural persons for advice and for legal representation. |
| (3) | Legal Aid South Africa may provide legal aid in a civil matter to— |
| (a) | a child who is physically resident in the Republic; or |
| (b) | a person who qualifies for legal aid in terms of these regulations, and who is — |
| (i) | physically resident in the Republic; and |
| (ii) | a citizen or permanent resident of the Republic. |
| (4) | Legal Aid South Africa may in exceptional circumstances grant legal aid if the issues in a case are justiciable in a court of the Republic, but the legal aid applicant is not physically resident in the Republic. |
| (5) | The requirement that a person must be physically resident in the Republic does not apply to cases pertaining to asylum seekers and the Hague Convention. |
| (6) | The enquiry on whether or not a person is physically present in the Republic is a factual enquiry and must be conducted by Legal Aid South Africa when the legal aid applicant makes the application for legal aid: Provided that whether or not the legal aid applicant is legally entitled to be physically resident in the Republic is irrelevant and may not be taken into account. |