Thank you, Deputy Chairperson. Regulation 27(1) remains the same, providing that in order to qualify for legal aid in either civil or criminal cases, the legal aid applicant's gross monthly income less tax and net assets must fall within the parameters contemplated in subregulations (2) to (6), before legal aid may be granted.
The proposed amendment to Regulation 27(2) increases the qualifying monthly net income of an applicant for legal aid in a criminal case from R5 500 per month to R7 400 per month.
The proposed amendment to Regulation 27(3) increases the qualifying monthly net income in a civil case from R5 500 to R7 400 in the case of a single person - that is, an applicant who does not have a spouse or is not a member of a household. If the applicant for legal aid in a civil case has a spouse or is a member of a household, the
qualifying monthly net income increases from R6 000 to R8 000. That is contained in Regulation 27(4).
Assets and property are also taken into consideration.
Regulation 27(5) provides that a legal aid applicant or an applicant who is a member of a household, who does not own immoveable property, and who has net moveable assets that are less than R128 000 in value may qualify for legal aid in a criminal or civil matter. This amount increases from R100 000.
Regulation 27(6) provides that an applicant for legal aid who owns immoveable property and net immoveable and moveable assets worth R640 000, or less, may qualify for legal aid for a criminal or civil matter. The proposed amendment increases the amount from R500 000, or less, to R640 000, or less. Although an applicant's income or property and assets may exceed the threshold amounts set in terms of the means test, he or she may still qualify for legal aid. In this respect, a number of Regulations are pertinent.
Regulation 28 sets out amounts that are included or excluded when calculating monthly income. For example, a grant paid by the SA Social Security Agency, Sassa, is excluded. However, spousal or child maintenance is included.
Regulation 30 gives Legal Aid SA the discretion to grant legal aid to a person who exceeds the means test, in certain circumstances. Regulation 31 provides that if an applicant does not qualify for legal aid in terms of the means test in a criminal matter, Legal Aid SA may provide partial legal aid and require the applicant to contribute to the cost of legal aid. When making its decision to partially subsidise a matter, Legal Aid SA must take into account certain factors, such as whether the applicant will suffer substantial injustice if legal aid is not provided. Regulation 34 provides that a legal aid applicant whose application for legal aid is refused has the right of appeal.
Legal Aid SA provides representation to children in both civil and criminal matters. [Interjections.] It's a report, Deputy Chairperson. It's not a motion. [Interjections.]
In terms of section 22 of the Act, a court can direct Legal Aid SA to provide legal aid in criminal matters where legal aid has been refused if it is of the opinion that there are particular circumstances that need to be brought to Legal Aid SA's attention.
The select committee met with Legal Aid SA on 20 June 2018. The interaction clarified a number of the committee's concerns.