Hon Speaker, hon members of this House, under Apartheid colonialism there was a host of legislation that criminalised different aspects of black lives. The courts focused on mass convictions and the sale of inmates to farmers to create cheap labour for them. It was therefore not in the interests of the apartheid state to ensure access to courts and justice. Courts and mass convictions were merely a means to create cheap labour for the farmers.
The Legal Aid Act of 1969 was also primarily designed to make the courts and justice available to the white population. Though couched in general terms, the Act sought to make the courts and justice accessible to whites only. More specifically, the 1969 Legal Aid Act provided for legal aid for indigent persons and for that purpose established the Legal Aid Board and defined its functions.
Now, the Constitution of the Republic of South Africa, No 108 of 1996, in section 34 provides for access to justice in general, while section 35 provides for legal representation for detained and accused persons at state expense if substantial injustice would otherwise result. In practice, section 35 took precedence over section 34, which provides for access to justice in general. Hence the Legal Aid Board of SA has not given much support in civil cases. This has given rise to perceptions that the Constitution ...