Legal Aid Regulations 2002 (Statutory Instrument 303 of 2002)

 

 

Statutory Instrument 303 of 2002

Legal Aid Regulations 2002

IT is hereby notified that the Minister of Justice, Legal and Parliamentary Affairs has, in terms of the Legal Aid Act, [Chapter 7:16], made the following regulations:—

1. Title These regulations may be cited as the Legal Aid Regulations, 2002.

                                                                                              2.   Interpretation

In these regulations—

“form” means the appropriate form set out in the Schedule;

“Secretary of the Law Society” means the Secretary of the Law Society referred to in section 51 of the Legal Practitioners Act [Chapter 27:07].

                                                                                      3.   Application for legal aid

• An application for legal aid in terms of subsection (1) of section 7 of the Act shall be in form L.A. 1 and shall be accompanied by such documentary proof as the Director may require.
• In considering the eligibility of an applicant for legal aid, the Director shall make due allowances for the necessary educational needs of any dependent child of the applicant.

4. Deductions from awards

The Director shall, in terms of section 16 of the Act, deduct from any damages awarded or amount payable to an aided person for the benefit of the Legal Aid Fund an amount equal to thirty per centum of the damages awarded or amount payable to the aided person.

                                                                    5.   Legal aid at instance of court or Attorney-General

A recommendation by a judge, magistrate or the Attorney-General in terms of section 10 of the Act shall be— (a) in the case of criminal proceedings, in form L.A. 2; (b) in the case of civil proceedings, in form L.A. 3.

                                                                                 6.   Assignment of legal practitioner

(1) In assigning a legal practitioner in private practice in terms of section 12 of the Act, the Director shall—

• ascertain from the Secretary of the Law Society the relevant experience, expertise and special skills of the legal practitioner concerned; and
• on representations made to him, take into account any special circumstances as to the availability or otherwise of the legal practitioner for the assignment.
• Any representations in terms of paragraph (b) of section (1) shall be made within seventy-two hours of being notified of the assignment.
• The decision of the Director on the presentations in terms of paragraph (b) of subsection (1) shall— (a) be made in consultation with the Secretary of the Law Society; and (b) be final.

7. Payment of legal practitioners

A legal practitioner shall be paid three-quarters of the Law Society standard tariff for his services in terms of the Act within fourteen days of the submission of his claim.

8. Director to keep register of legal practitioners in private practice

The Director shall, in consultation with the Secretary of the Law Society, maintain a register of legal practitioners in private practice indicating—

• the full names and business address; and
• the telephone and fax number; and
• the date of registration as a legal practitioner; and
• such further information as the Director and the Secretary of the Law Society may from time to time

consider necessary;

of each legal practitioner.

SCHEDULE (Section 2)

FORMS