Hon Chairperson, Ministers, Deputy Ministers, and hon members, good afternoon. The NFP, as a patriotic and progressive opposition, supports the Legal Aid Bill. However, we wish to put the following on record. We are in agreement that Legal Aid, as envisaged in the Bill, will contribute significantly to the entrenchment of a wider social security system that would focus on the poor and needy in the context of a developmental, capable and ethical state that treats its citizens with dignity.
We welcome the proposed structure of the board, believing that such a structure will enable the board to retain its independence and the legal integrity of the services it provides.
However, we express reservation on the extent to which legal aid will be made available for civil litigation and ask for clarity on whether legal aid will be available only where an indigent person has to defend against a civil claim, or whether it will also be available in instances where an indigent person wishes to institute civil action against a third party?
In particular, we are not clear on what the cost implications would be if legal aid were available to indigent people who wished to institute civil action and where such action were to fail. We all know that when the court dismisses the case or when the court rules against you, you are required to pay the costs. That is where our concern lies. What will happen in those instances? We wish that clear guidelines should be provided to determine when an indigent person qualifies for legal aid.
We strongly support the notion that legal aid should be available to represent indigent people at commissions of inquiry such as the Marikana commission, as we believe that justice would not be served if their voices are not adequately represented in the absence of legal representation in such proceedings and that undue prejudice will occur.
We wish to congratulate the Portfolio Committee on Justice and Constitutional Development for drafting such a coherent and well-considered Bill. I thank you. [Applause.]