| (1) | Legal Aid South Africa may grant legal aid to a litigant in any civil matter, with or without a waiting period, where— |
[Words preceding regulation 9(1)(a) substituted by section 2(a) of Notice No. R.680, GG44936, dated 6 August 2021]
| (a) | in the opinion of Legal Aid South Africa, the matter has good prospects of success; |
| (b) | in the opinion of Legal Aid South Africa, the matter has good prospects of enforcement of a court order; and |
| (c) | Legal Aid South Africa has the necessary resources available, |
based on a written merit report, where such report is applicable.
| (2) | Legal Aid South Africa may, subject to subregulation (1), provide legal aid for the purpose of compiling a merit report, before any steps are taken, except where steps are necessary to prevent prescription, default judgment or lapsing of the litigants’ rights. |
| (3) | A merit report for a civil matter is not required in respect of the following matters: |
| (b) | eviction cases, where assistance can be granted to negotiate with the owner of the property concerned to allow the legal aid recipient to stay on the property for a period of time; |
| (c) | domestic violence matters to protect the best interests of a child; |
| (e) | the administration of estates; and |
| (4) | When legal aid has been granted to a person for a case in a court of the Republic and evidence is to be heard on commission outside of the Republic, Legal Aid South Africa may grant legal aid for attendance by one or more legal practitioners if— |
| (a) | Legal Aid South Africa has sufficient funds available, and |
| (b) | Legal Aid South Africa is of the opinion that good reasons exist. |
| (5) | Legal Aid South Africa may not provide legal aid for litigation in any foreign court. |
| (6) | In the event that a waiting period referred to in subregulation (1) is applied, Legal Aid South Africa must prioritise civil matters which have a significant impact on clients’ lives, including, but not limited to, the following matters: |
| (a) | Civil proceedings involving children; |
| (c) | social security matters; |
| (d) | educational matters: and |
| (e) | income related matters, such as employment or dismissals, pension and related funds and maintenance. |
[Regulation 9(6) inserted by section 2(b) of Notice No. R.680, GG44936, dated 6 August 2021]
