Legal Aid South Africa: Free Legal Representation
Legal Aid South Africa is a national public entity established under the Legal Aid South Africa Act 39 of 2014. It provides free legal services to people who cannot afford a private attorney. The organisation operates more than 130 offices across all nine provinces and handles both criminal and civil matters. If you qualify under the means test, a qualified attorney will be appointed to represent you at no cost.
What is Legal Aid South Africa?
Legal Aid SA was created by Parliament to give effect to the constitutional right to legal representation found in Section 35(3) of the Constitution for accused persons and Section 34 for civil disputes. It is funded by the Department of Justice and Constitutional Development but operates independently.
The organisation employs more than 2 700 legal professionals including attorneys, candidate attorneys, and paralegals. It handles over 400 000 matters per year, making it one of the largest providers of legal services on the African continent.
Toll-free number: 0800 110 110 (available Monday to Friday, 07:00–22:00 and weekends 08:00–18:00). You can also visit your nearest Legal Aid SA office.
The Means Test
To qualify for Legal Aid, you must pass a financial means test. The test looks at your gross monthly income and the value of your assets. As a general guideline, a single person with a gross monthly income below approximately R6 000 and assets below R100 000 will qualify, though these thresholds are updated periodically.
For criminal matters the means test is applied more broadly and Legal Aid has a duty to assist any accused person facing imprisonment who cannot afford representation. In civil matters the test is stricter.
Criminal Matters Covered
Legal Aid SA represents accused persons in all criminal courts including district magistrates' courts, regional magistrates' courts, and the High Court. It also handles appeals to the Supreme Court of Appeal and the Constitutional Court when there is a reasonable prospect of success.
- Bail applications and bail appeals
- Trials in magistrates' courts and the High Court
- Sentencing proceedings
- Criminal appeals and reviews
- Constitutional Court matters involving deprivation of liberty
Civil Matters Covered
Civil legal aid covers a wide range of matters that affect the basic rights of indigent people. Legal Aid SA prioritises matters involving constitutional rights, housing, land, children, domestic violence, and labour disputes.
- Evictions and housing disputes
- Domestic violence protection orders
- Maintenance and child custody matters
- Divorce proceedings involving children or pension interests
- Labour disputes referred from the CCMA
- Land claims and tenure disputes
- Social grants and government benefit disputes
What Legal Aid Does NOT Cover
Legal Aid SA is not able to assist with every type of legal matter. Resources are prioritised for matters involving deprivation of liberty and fundamental rights.
- Commercial disputes between businesses
- Defamation claims
- Personal injury claims where a contingency fee arrangement is possible
- Matters where the applicant does not pass the means test
- Matters where there is no reasonable prospect of success
- Municipal rate disputes and minor contractual disputes
How to Apply for Legal Aid
- Call the toll-free number 0800 110 110 or visit your nearest Legal Aid SA office in person.
- Bring your South African ID or passport, proof of income (payslips, bank statements, or an affidavit if unemployed), and any documents related to your case.
- A paralegal will assess your application and conduct the means test.
- If you qualify, your matter will be assigned to a Legal Aid attorney or a judicare private attorney on the Legal Aid panel.
- You will be given your attorney's contact details and advised of the next steps.
Legal Aid Offices
Legal Aid SA has a Local Office in every magisterial district. Key provincial offices include:
| Province | City | Phone |
|---|---|---|
| Gauteng | Johannesburg (Head Office) | 011 877 2000 |
| Gauteng | Pretoria | 012 441 9400 |
| Western Cape | Cape Town | 021 426 2200 |
| KwaZulu-Natal | Durban | 031 369 1300 |
| Eastern Cape | Port Elizabeth (Gqeberha) | 041 506 2100 |
| Limpopo | Polokwane | 015 295 7300 |
| Mpumalanga | Nelspruit | 013 753 2100 |
| North West | Mahikeng | 018 397 8300 |
| Free State | Bloemfontein | 051 411 6900 |
| Northern Cape | Kimberley | 053 833 7100 |
Judicare Attorneys
Where Legal Aid SA does not have capacity, it instructs private attorneys from its judicare panel to take on matters at a reduced tariff paid by Legal Aid. If you are placed with a judicare attorney, Legal Aid covers their fees. You do not pay anything out of pocket.