Access to justice and the need for a holistic approach to the delivery of legal aid services in developing countries: Lessons from South Africa

Abstract

Legal Aid South Africa, in its previous incarnation as the Legal Aid Board, was established in 1969, and began operating in 1971. During the apartheid era the scheme had a very limited budget, and most of it was spent on civil matters, mainly serving the ruling minority white population. The mode of delivery chosen was the judicare model that has been used by many post-colonial Commonwealth countries, and was modelled on the initial England and Wales legal aid scheme in the United Kingdom that referred cases to private lawyers instead of employing full-time legal aid lawyers. Gradually, the national legal aid budget in South Africa was increased and more emphasis was placed on criminal rather than civil cases. After the introduction of a democratic Constitution in 1994, there were overwhelming demands for legal representation in criminal matters as a result of the constitutional safeguards regarding arrested, detained, and accused persons. This was because, like in many other Commonwealth developing countries, the majority of such persons arrested, detained, or accused were poor and could not afford legal representation. The huge increase in the volume of criminal cases requiring defence lawyers made the judicare system unsustainable. As a result, pilot projects were introduced to test a public defender model that included qualified lawyers in public defender offices and law intern public defenders in legal aid-funded law clinics. As is common experience in other countries, the pilot public defender model proved to be much more cost-effective and easier to manage than the judicare system. This led to a holistic approach by Legal Aid South Africa that has evolved into justice centres that incorporate qualified public defenders, law intern public defenders, and paralegals, as well as the use of private lawyers and cooperation agreements with public interest law firms, university law clinics, and paralegal organisations in cases that cannot be handled by the public defender offices. This article deals with the evolution of the holistic approach in South Africa and how the different entities involved operate.

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Notes

  1. 1.

    This article is an updated and amended version of David McQuoid-Mason, ‘Lessons from South Africa for the Delivery of Legal Aid in Small and Developing Commonwealth Countries’ (2005) 26(2) Obiter 207.

  2. 2.

    David McQuoid-Mason, ‘Legal Aid Approaches in South Africa and Their Impact on Poverty Reduction and Service Delivery’ in Stephen Golub, John Berry, and Kate Epstein (eds), Legal Empowerment (Open Justice Society Initiative 2013) 98.

  3. 3.

    International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR).

  4. 4.

    Ibid. Art. 14.

  5. 5.

    UN General Assembly, United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems: Resolution (adopted by the General Assembly 28 March 2013) A/RES/67/187.

  6. 6.

    United Nations Resolution 67/187 (adopted without vote at the 60th Plenary Meeting, 20 December 2012).

  7. 7.

    Constitution of the Republic of South Africa 1996 Act No. 108 of 1996 ss. 35(2)(c) and 35(3)(g).

  8. 8.

    United Nations Office of Drugs and Crime Model Law on Legal Aid in Criminal Justice Systems with Commentaries (2017) 2.

  9. 9.

    Constitution of the Federal Republic of Nigeria Act No. 24 of 1999 (A892) s 46(4)(b).

  10. 10.

    Constitution of the Republic of South Africa 1996 Act No. 108 of 1996 s 28(1)(h).

  11. 11.

    Airey v Ireland (1979) 2 EHRR 305 [24].

  12. 12.

    Malawi Legal Aid Act 2011 s 16(d).

  13. 13.

    Kenya Legal Aid Act 2016 s 2, 7(1)(h).

  14. 14.

    Legal Aid South Africa Act No. 39 of 2014 s 3(c).

  15. 15.

    Ibid.

  16. 16.

    UNDP, Making the Law Work for Everyone: Report of the Commission on Legal Empowerment of the Poor (vol. 1, 2008) 32–33.

  17. 17.

    See UN Principles and Guidelines (n 5) Principle 2 paras 18 and 19, Principle 8 para 30, and Guideline 2 para 42.

  18. 18.

    See United Nations Assembly Resolution 67/187 (n 6).

  19. 19.

    Roger Smith, ‘Legal Aid in England and Wales: Current Issues and Lessons’ in Making Legal Aid a Reality: A Resource Book for Policy Makers and Civil Society (Public Interest Law Institute 2009) 35, 36.

  20. 20.

    Legal Practice Act No. 28 of 2014.

  21. 21.

    See S. 34(2)(a)(ii) of the Legal Practice Act (n 20).

  22. 22.

    See The National Bar Council of South Africa ‘The Principles of the NBCSA—Training’. https://nationalbarcouncil.co.za/principles_of_the_nbcsa/. Accessed 10 December 2020.

  23. 23.

    NBCSA, ‘History of the National Bar Council of South Africa’. https://nationalbarcouncil.co.za/history_of_the_nbcsa/. Accessed 5 October 2020.

  24. 24.

    Legal Practice Council, ‘About Us’. https://lpc.org.za/about-us/. Accessed 5 October 2020.

  25. 25.

    D Dewar, ‘Too Many Attorneys? Oversubscription to the Attorneys’ Profession’ (2011) 509(6) De Rebus 19.

  26. 26.

    See David McQuoid-Mason, ‘Access to Justice in South Africa: Are There Enough Lawyers’ (2013) 3(3) Onati Socio-Legal Series 561.

  27. 27.

    ‘Statistics for the Attorney’s Profession’, Law Society of South Africa. https://www.lssa.org.za/about-us/about-the-attorneys-profession/statistics-for-the-attorneys-profession/. Accessed 27 October 2020.

  28. 28.

    Estimate by the author based on the stats cited in McQuoid-Mason, ‘Access to Justice in South Africa’ (n 26) 565.

  29. 29.

    Law Society of South Africa and Legal Education and Development, Statistics for Legal Profession 2017/2018 (2018) 22.

  30. 30.

    Ibid.48.

  31. 31.

    Ibid. 35.

  32. 32.

    Legal Practice Act No. 28 of 2014 s 26(c).

  33. 33.

    Personal knowledge of the author in his capacity as an instructor in Alternative Dispute Resolution at the Durban School for Legal Practice.

  34. 34.

    See Legal Practice Council, ‘Applications for Pupil's Practical Vocational Training (PVT)’. https://lpc.org.za/applications-for-pupils-practical-vocational-training-pvt-open/. Accessed 12 December 2020.

  35. 35.

    Ibid. Section 27(1) of the act requires the Legal Practice Council to issue rules regarding the structure of the vocational training courses, but these have not yet been finalised.

  36. 36.

    Ibid. s 26.

  37. 37.

    Filip Reyntjens ‘Africa South of the Sahara’ in Frederick H Zemans (ed), Perspectives on Legal Aid: An International Survey (Greenwood Press 1979) 36. The statement is still true today. The value of using properly supervised law students to deliver legal services has also been recognised as fulfilling the requirement of a constitutional right to counsel by the United States Supreme Court which stated, ‘…law students can be expected to make a significant contribution, qualitatively and quantitatively, to the representation of the poor in many areas,’ in Argersinger v Hamlin 407 U.S. 25, 92 S. Ct. 2006 (1972). See generally David J McQuoid-Mason, ‘The Delivery of Civil Legal Aid Services in South Africa’ (2000) 24(6) Fordham International Law Journal S111, S131.

  38. 38.

    Reyntjens ‘Africa South of the Sahara’ (n 37) 36.

  39. 39.

    Constitution of the Republic of South Africa 1996 Act No. 108 of 1996 s 35.

  40. 40.

    Ibid.

  41. 41.

    Legal Aid South Africa Act No. 39 of 2014 s 2.

  42. 42.

    S v Vermaas, S v Du Plessis 1995 (3) SA 292 (CC) [15].

  43. 43.

    Legal Aid Regulations in terms of s 23(1) of the Legal Aid South Africa Act No. 39 of 2014, GN R745 of 26 July 2017.

  44. 44.

    Ibid. reg 3(1).

  45. 45.

    Ibid. reg 3(2).

  46. 46.

    Ibid. reg 3(7).

  47. 47.

    S v Vermaas, S v Du Plessis (n 42) [15]. In para 15, the court agreed with the judge in the court a quo that a person who is supplied legal services by the state ‘may not pick a lawyer appointed for him’. This is a summary of the result of the judgement.

  48. 48.

    Etienne Du Toit, ‘Criminal Procedure’ in Mathew Chaskalson, Janet Kentridge, Jonathan Klaaren, Gilbert Marcus, Derek Spitz, and Stewart Woolman (eds), Constitutional Law of South Africa (Juta 1996) 27-5.

  49. 49.

    See David McQuoid-Mason, ‘Delivery of Legal Aid Services in Developing Countries: In the Light of the South African Experience’ in Ayesha Kadwani Dias and Gita Honwana Welch (eds), Justice for the Poor: Perspectives on Accelerating Access (Oxford University Press 2009) 449.

  50. 50.

    Legal Aid Board, Annual Report 1994–5 (1996) 28.

  51. 51.

    During 1993-1994, the Legal Aid Board provided 58,157 criminal defences; see David McQuoid-Mason ‘Legal Representation and the Courts’ in Ronald Louw (ed), 1995 South African Human Rights Year Book 6 (Centre for Socio-Legal Studies in South Africa 1996) 151. During 1994-1995, the Board provided 67,062 criminal defences and in 1995-1996, 87,996 criminal defences; see David McQuoid-Mason ‘Legal Representation and the Courts’ in Ronald Louw, Lesley Greenbaum, David McQuoid-Mason, Judy Parker and Tanya Woker (eds), 1996 South African Human Rights Year Book 7 (Centre for Socio-Legal Studies in South Africa 1998) 176.

  52. 52.

    Legal Aid Board, Annual Report 1996–7 (1999) 7.

  53. 53.

    Legal Aid South Africa, Annual Report 2011–2012 (2012) 57.

  54. 54.

    Ibid.

  55. 55.

    Legal Aid South Africa, Integrated Annual Report 2018–2019 (2019) 36.

  56. 56.

    Ibid.

  57. 57.

    McQuoid-Mason, ‘The Delivery of Civil Legal Aid Services in South Africa' (n 37) S111, S114.

  58. 58.

    David McQuoid-Mason, An Outline of Legal Aid in South Africa (Butterworth 1982) 80-81.

  59. 59.

    Constitution of the Republic of South Africa Act No. 200 of 1993 ss. 25(1)(c) and 25(3)(e).

  60. 60.

    Legal Aid South Africa, Integrated Annual Report 2018–2019 (2019) 36.

  61. 61.

    Ibid.

  62. 62.

    Based on the author’s personal experience of assisting in the establishment and implementation of legal aid schemes in Commonwealth countries such as Sierra Leone, Uganda, Kenya, Nigeria, and Fiji; and non-Commonwealth countries such as Lithuania, Kyrgyzstan, Afghanistan, Mongolia, Moldova, Indonesia, Somalia, and Myanmar (Burma).

  63. 63.

    Constitution of the Republic of South Africa 1996 Act No. 108 of 1996 s 28(1)(h).

  64. 64.

    Ibid. s 34.

  65. 65.

    Nkuzi Development Association v Government of the RSA (2001) 4 All SA 46 (C); 2002 (2) SA 733 (LCC) [11].

  66. 66.

    Airey v Ireland ECHR (1979) 2 EHRR 305, 314–315; Carol Harlow, ‘Access to Justice as a Human Right: The European Convention and European Union’ in Philip Alston, Mara R Bustelo, and James Heenan (eds), The EU and Human Rights (Oxford University Press 1999) 203–204.

  67. 67.

    Legal Aid South Africa Act Regulations in GN R745 of 26 July 2017, reg 10(2).

  68. 68.

    Ibid. reg 10(2).

  69. 69.

    Ibid. reg 2(2).

  70. 70.

    Ibid. reg 2(3).

  71. 71.

    Ibid. reg 2(4).

  72. 72.

    Ibid. reg 2(5).

  73. 73.

    Legal Aid South Africa, Legal Aid Manual (2017) para 8.1.6.

  74. 74.

    Ibid. para 8.1.7.

  75. 75.

    Legal Aid South Africa Act, No. 39 of 2014 s 6(1).

  76. 76.

    Ibid.

  77. 77.

    Ibid. s 7(2).

  78. 78.

    Ibid. s 4(1).

  79. 79.

    Ibid. s 4(1)(a)(i)–(iii). ‘Paralegals’ are defined as ‘persons that are not legal practitioners but have knowledge and understanding of the law, its procedures and its social context acquired through training, education, work experience or a national registered qualification in paralegal practice’. Ibid. s 4(1)(a)(ii).

  80. 80.

    See UN Principles and Guidelines (n 5) Guideline 11 para 59(a).

  81. 81.

    Legal Aid Guide (2002) ch 1 para 4.3; Draft Legal Aid Guide (2005) para 7.1.

  82. 82.

    Legal Aid Guide (2002) ch 1 para 4.3; Draft Legal Aid Guide (2005) paras 1.4 and 7.1.

  83. 83.

    Legal Aid Act No. 22 of 1969 s 3A.

  84. 84.

    McQuoid-Mason ‘Delivery of Legal Aid Services in Developing Countries’ (n 49) 453.

  85. 85.

    Legal Aid Regulation GN R745 in Government Gazette 41005, 26 July 2017.

  86. 86.

    Legal Aid South Africa, Legal Aid Manual (2017).

  87. 87.

    Legal Aid South Africa Act No. 39 of 2014 s 24.

  88. 88.

    Compare the long list of exclusions listed in Legal Aid Board, Legal Aid Guide (10th edn, 2002) Chapter 3 para 8, with the Legal Aid South Africa Regulations, 2017, reg 9(1), which states, ‘Legal Aid South Africa may grant legal aid to a litigant in any civil matter if (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’.

  89. 89.

    Ibid. s 21.

  90. 90.

    Legal Aid South Africa, Legal Aid Manual (2017) para 2.1.

  91. 91.

    Legal Aid South Africa, Integrated Annual Report 2018–2019 (2019) 26.

  92. 92.

    Legal Aid South Africa Act No. 39 of 2014 s 4(1)(a)(i) and (ii).

  93. 93.

    Legal Aid South Africa, Integrated Annual Report 2018–2019 (2019) 36.

  94. 94.

    Ibid.

  95. 95.

    Legal Aid South Africa, Legal Aid Manual (2017) paras 2.1.2.

  96. 96.

    Ibid. para 4.5.

  97. 97.

    Ibid. paras 2.1.3 and 2.1.4.

  98. 98.

    Legal Aid South Africa, Integrated Annual Report 2018–2019 (2019) 36.

  99. 99.

    Legal Aid South Africa Act No. 39 of 2014 Regulations GN R745 of 26 July 2017, reg 27.

  100. 100.

    McQuoid-Mason, Outline of Legal Aid (n 58) 92.

  101. 101.

    Personal observation by the author in his capacity as a former member of the South African Legal Aid Board. The Fijian legal aid system is almost as well developed as the South African legal aid system and per capita better funded: Observations of the author when he assisted the Fijian Legal Aid Commission with developing a legal aid strategic plan.

  102. 102.

    UN Principles and Guidelines (n 5) Guideline 12 para 60.

  103. 103.

    UN Principles and Guidelines (n 5) Guideline 12 para 61(b) to (d).

  104. 104.

    Legal Aid South Africa, Integrated Annual Report 2017–2018 (2019) 30.

  105. 105.

    Department of Justice and Constitutional Development, Annual Report 2018–2019 (2019) 177.

  106. 106.

    Estimate of the author as a percentage based on the amount allocated in the total Justice Budget and the amount allocated to Legal Aid South Africa during 2018-2019.

  107. 107.

    Personal experience of the author as a previous member of the Legal Aid Board.

  108. 108.

    UN Principles and Guidelines (n 5) Guideline 12 para 60.

  109. 109.

    Ibid. Principle 2 para 15.

  110. 110.

    GW Cook, ‘A History of Legal Aid in South Africa’ in Faculty of Law (ed), Legal Aid in South Africa: Proceedings of a Conference Held in the Faculty of Law, University of Natal, Durban, from 2nd–6th July, 1973 (University of Natal 1974) 28–38.

  111. 111.

    Legal Practice Act No. 28 of 2014.

  112. 112.

    Ibid. s 29. The Legal Practice Council is developing a website with the names and addresses of pro bono lawyers in the different provinces. See https://lpc.org.za/members-of-the-public/. Accessed 17 May 2020. Till then, the names can be found in the annual Hortor’s Legal Diary 2020 (2019).

  113. 113.

    Cook, ‘A History of Legal Aid in South Africa’ (n 110) 31–32.

  114. 114.

    PH Gross, Legal Aid and Its Management (Juta 1976) 176–177.

  115. 115.

    Legal Aid South Africa, Annual Report 2008–2009 (2009) 9.

  116. 116.

    See https://www.lssa.org.za/getting-legal-assistance/. Accessed 15 May 2020; see also Legal Practice Act No. 28 of 2014 ss. 3(b)(ii) and 5(l).

  117. 117.

    See the ProBono.org website at www.probono.org.za. Accessed 15 May 2020.

  118. 118.

    UN Principles and Guidelines (n 5) Principle 2.

  119. 119.

    As occurs in New York State. See Roger C Cramton, ‘Mandatory Pro Bono’ (1990–1991) 19(4) Hofstra Law Review 1113, 1115.

  120. 120.

    McQuoid-Mason, ‘Lessons from South Africa’ (n 1).

  121. 121.

    See McQuoid-Mason, ‘Delivery of Legal Aid Services in Developing Countries' (n 49) 449, 459.

  122. 122.

    Ibid.

  123. 123.

    Constitution of the Republic of South Africa Act No. 200 of 1993.

  124. 124.

    Constitution of the Republic of South Africa 1996 Act No. 108 of 1996.

  125. 125.

    Personal knowledge of the author as a member of the Legal Aid Board at the time.

  126. 126.

    Ibid.

  127. 127.

    McQuoid-Mason ‘Delivery of Legal Aid Services in Developing Countries’(n 49) 461.

  128. 128.

    Legal Aid Board, Annual Report 1991–1992 (1992) 32–33.

  129. 129.

    McQuoid-Mason, ‘The Delivery of Civil Legal Aid Services in South Africa’ (n 37) S121.

  130. 130.

    Ibid.

  131. 131.

    Ibid. S121–S122; also see McQuoid-Mason ‘Delivery of Legal Aid Services in Developing Countries’ (n 49) 462.

  132. 132.

    Smith, ‘Legal Aid in England and Wales’ (n 19) 36.

  133. 133.

    McQuoid-Mason, ‘Lessons from South Africa’ (n 1) 221.

  134. 134.

    David J McQuoid-Mason, ‘Public Defenders and Alternative Service’ (1991) 4 South African Journal of Criminal Justice 267, 270.

  135. 135.

    See McQuoid-Mason, ‘Delivery of Legal Aid Services in Developing Countries' (n 49) 462.

  136. 136.

    McQuoid-Mason, ‘Lessons from South Africa’ (n 1) 222.

  137. 137.

    See https://www.lhr.org.za/about-us/. Accessed 16 October 2020.

  138. 138.

    Legal Aid Board, Annual Report 1994–5 (1996) 24.

  139. 139.

    Legal Aid South Africa, Legal Aid Manual (2017) 24.

  140. 140.

    Legal Aid Board, Annual Report 1996–7 (1999) 21.

  141. 141.

    McQuoid-Mason, ‘Lessons from South Africa’ (n 1) 223.

  142. 142.

    The clinics were at the Universities of Pretoria, the Witwatersrand, KwaZulu-Natal, Free State, Western Cape, and Stellenbosch. Legal Aid Board, Annual Report 2005/06 (2007) 26.

  143. 143.

    McQuoid-Mason ‘The Delivery of Civil Legal Aid Services in South Africa’ (n 37) S125.

  144. 144.

    Legal Aid Board, Lekgotla: Overview of the Board and Its Activities (unpublished) (1998) 8.

  145. 145.

    Ibid.

  146. 146.

    David McQuoid-Mason, ‘Legal Aid in Nigeria: Using National Youth Service Corps Public Defenders to Expand the Services of the Legal Aid Council’ (2003) 47(1) Journal of African Law 107.

  147. 147.

    Attorneys Act No. 53 of 1979.

  148. 148.

    Attorneys Amendment Act No. 115 of 1993.

  149. 149.

    Ibid. s 2.

  150. 150.

    Legal Practice Act No. 38 of 2014 s 119(3).

  151. 151.

    Ibid. s 29.

  152. 152.

    McQuoid-Mason, ‘Lessons from South Africa’ (n 1) 225.

  153. 153.

    McQuoid-Mason, ‘Legal Aid Approaches in South Africa’ (n 2) 99.

  154. 154.

    McQuoid-Mason ‘The Delivery of Civil Legal Aid Services in South Africa’ (n 37) S126.

  155. 155.

    Ibid.

  156. 156.

    Ibid.

  157. 157.

    Ibid.

  158. 158.

    Ibid.

  159. 159.

    McQuoid-Mason, ‘Legal Aid Approaches in South Africa’ (n 2) 98–99.

  160. 160.

    Legal Aid Board, Annual Report 2002–2003 (2003) 10.

  161. 161.

    See Geoff Budlender, ‘The Public Interest Movement in South Africa: Law as a Means of Promoting Social Justice’ in Dias and Welch, Justice for the Poor (n 49) 185–206.

  162. 162.

    McQuoid-Mason, ‘Legal Aid Approaches in South Africa’ (n 2) 99–100.

  163. 163.

    Legal Aid South Africa, Annual Report 2009–2010 (2010) 11.

  164. 164.

    Personal observation of the author. See also McQuoid-Mason, ‘Legal Aid Approaches in South Africa’ (n 2) 100.

  165. 165.

    See the Legal Aid South Africa website at https://legal-aid.co.za/selfhelp/. Accessed 17 May 2020.

  166. 166.

    See Stephen Golub, ‘Battling Apartheid, Building a New South Africa’ in Mary McClymont and Stephen Golub (eds), Many Roads to Justice: The Law-Related Work of the Ford Foundation Grantees around the World (Ford Foundation 2000).

  167. 167.

    See Hugo Fruhling, ‘From Dictatorship to Democracy: Law and Social Change in the Andean Region and the Southern Cone of South America’, and Helen Hershkoff and David Hollander, ‘Rights into Action: Public Interest Litigation in the United States’, in McClymont and Golub, Many Roads to Justice (n 166).

  168. 168.

    Stephen Golub, ‘From the Village to the University: Legal Activism in Bangladesh’, and Stephen Golub, ‘Participatory Justice in the Philippines’, in McClymont and Golub, Many Roads to Justice (n 166).

  169. 169.

    See McQuoid-Mason, An Outline of Legal Aid (n 58) 126.

  170. 170.

    See the LRC website, http://lrc.org.za/contact/. Accessed 27 May 2020.

  171. 171.

    See http://lrc.org.za/about/history/. Accessed 27 May 2020.

  172. 172.

    Legal Resources Centre, Annual Report 1996 (1996) 9.

  173. 173.

    Geoffrey Budlender, ‘The Development of the Public Interest Law Movement in South Africa’ in Symposium on Public Interest Law in Eastern Europe and Russia (Public Interest law Initiative 1997) 14. https://www.pilnet.org/wp-content/uploads/2020/04/Symposium-on-Public-Interest-Law-in-Eastern-Europe-and-Russia.pdf. Accessed 17 October 2020.

  174. 174.

    McQuoid-Mason, ‘Delivery of Legal Aid Services in Developing Countries' (n 49) 471.

  175. 175.

    See Legal Resources Centre, Annual Report 2014 (2015) 67.

  176. 176.

    See McQuoid-Mason, ‘The Delivery of Civil Legal Aid Services in South Africa’ (n 37) S127–S128.

  177. 177.

    Legal Resources Centre, Annual Report 2016–2017 (2017) 78.

  178. 178.

    McQuoid-Mason, ‘Delivery of Legal Aid Services in Developing Countries' (n 49) 473.

  179. 179.

    McQuoid-Mason, ‘Lessons from South Africa’ (n 1) 228.

  180. 180.

    McQuoid-Mason, ‘Legal Aid Approaches in South Africa’ (n 2) 100–101.

  181. 181.

    David McQuoid-Mason, ‘Role of Legal Aid Clinics in Assisting the Victims of Crime’ in WJ Schurink, I Snyman, WF Krugel, and L Slabbert (eds), Victimisation: Nature and Trends (HSRC 1992) 559.

  182. 182.

    McQuoid-Mason, ‘Delivery of Legal Aid Services in Developing Countries' (n 49) 473.

  183. 183.

    Attorneys Amendment Act No. 115 of 1993 s 3.

  184. 184.

    David McQuoid-Mason, ‘Whatever Happened to the Proposed South African Student Practice Rules?’ (2008) 41(3) De Jure 580, 581.

  185. 185.

    UN Principles and Guidelines (n 5) Guideline 16 para 72.

  186. 186.

    McQuoid-Mason, ‘Whatever Happened’ (n 184) 581.

  187. 187.

    McQuoid-Mason, ‘The Delivery of Civil Legal Aid Services in South Africa’ (n 37) S129.

  188. 188.

    A Revised Law Student Practice Rule A.'M. No. 19-03-24-SC Rule 138 adopted and promulgated by the Supreme Court of the Philippines on 25 June 2019. http://sc.judiciary.gov.ph/4810/. Accessed 17 May 2020.

  189. 189.

    McQuoid-Mason, ‘Delivery of Legal Aid Services in Developing Countries' (n 49) 473.

  190. 190.

    McQuoid-Mason, ‘Delivery of Legal Aid Services in Developing Countries' (n 49) 473-474.

  191. 191.

    See http://www.fidfund.co.za/our-history-our-story/. Accessed 1 November 2020.

  192. 192.

    McQuoid-Mason, ‘Access to Justice in South Africa’ (n 26) 570.

  193. 193.

    Legal Practice Act No. 28 of 2014 s 4.

  194. 194.

    Personal knowledge of the author.

  195. 195.

    AULAI Trust Annual Report 2017 (2017) 1. https://www.saulca.co.za/file/5b96454aab752/saulca-annual-report2017.pdf. Accessed 17 October 2020.

  196. 196.

    Jobst Bodenstein (ed), Law Clinics and the Clinical Law Movement in South Africa (Juta 2016) 1, 8–9.

  197. 197.

    Ibid. 7.

  198. 198.

    AULAI Trust Annual Report 2017 (n 195) 1.

  199. 199.

    See Network of University Legal Aid Institutions (NULAI). https://namati.org/network/organization/network-of-university-legal-aid-institutions-nulai-nigeria/. Accessed 17 May 2020.

  200. 200.

    McQuoid-Mason, ‘Legal Aid Approaches in South Africa’ (n 2) 101.

  201. 201.

    McQuoid-Mason, ‘Lessons from South Africa’ (n 1) 230.

  202. 202.

    John C Mubangizi and David J McQuoid-Mason, ‘The Role of University Law Clinics in Public Interest Litigation, with Specific Reference to South Africa’ 38(1) (2013) Journal for Juridical Science 47.

  203. 203.

    See Stephen Golub, ‘Nonlawyers as Legal Resources for Their Communities’ in McClymont and Golub, Many Roads to Justice (n 166).

  204. 204.

    United Nations Office on Drugs and Crime (UNODC), Global Study of Legal Aid: Country Profiles (2016) 7.

  205. 205.

    McQuoid-Mason, ‘Delivery of Legal Aid Services in Developing Countries’ (n 49) 478–480.

  206. 206.

    McQuoid-Mason ‘The Delivery of Civil Legal Aid Services in South Africa' (n 37) S133.

  207. 207.

    Personal knowledge of the author, based on conversations with Mr John Jeffery, Deputy Minister of Justice and Correctional Services, who is responsible for introducing legislation regarding paralegals in South Africa.

  208. 208.

    McQuoid-Mason, ‘Legal Aid Approaches in South Africa’ (n 2) 102.

  209. 209.

    Ibid.

  210. 210.

    McQuoid-Mason, ‘Legal Aid Approaches in South Africa’ (n 2) 102.

  211. 211.

    Sierra Leone Legal Aid Act No. 6 of 2012 ss. 30(1)(d) and 30(2)(b), as well as definition of ‘legal aid provider’ (s 1).

  212. 212.

    McQuoid-Mason, ‘Lessons from South Africa’ (n 1) 232.

  213. 213.

    Sierra Leone Legal Aid Act No. 6 of 2012 s 14(2).

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McQuoid-Mason, D. Access to justice and the need for a holistic approach to the delivery of legal aid services in developing countries: Lessons from South Africa. Jindal Global Law Review (2021). https://doi.org/10.1007/s41020-020-00126-1

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Keywords

  • Access to justice
  • Legal aid
  • Developing countries
  • South Africa
  • Lessons learned