Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)RegulationsRegulations on Exhumation, Reburial or Symbolic Burial of Deceased Victims6. Assistance in respect of applications for orders presuming the death of missing persons |
| (1) | The Fund Administrator must, in respect of a request for assistance provided for in regulation 3(2)(b), decide on the form of assistance by taking into account the following factors: |
| (a) | The complexity of the case; |
| (b) | the extent to which legal assistance, if any, can be provided by an organ of state as defined in section 239 of the Constitution of the Republic of South Africa, 1996; |
| (c) | the possibility of a conflict of interest; |
| (d) | the amount of the legal costs if outside counsel is to be briefed; and |
| (e) | any other relevant factor. |
| (2) | The Fund Administrator must, before deciding that an organ of state must provide legal assistance to the requester, obtain the approval of the organ of state which is to provide the legal assistance. |
| (3) | The Fund Administrator must, if financial assistance is to be provided, determine a maximum amount for this purpose, taking into account the fees as arranged from time to time between the State Attorneys, appointed in terms of section 2 of the State Attorney Act, 1957 (Act No. 56 of 1957), and the General Council of the Bar of South Africa. |