Hon Chairperson, the Legal Aid Bill was overdue for an overhaul for a long time. Its predecessor, the much-patched and bandaged Legal Aid Act of 1969, faced frequent challenges, because it was born in a time when circumstances were different. The remaking of the old legislation also became necessary because of the pressure to render legal advice as well as legal aid at state expense, as contemplated in the Constitution and other legislation.
For Legal Aid to work well, it is necessary for government to provide accurate information concerning both the rights as well as the obligations of citizens. The Bill before us is an improvement on what we have had up to now, but it still needs more work in moving forward.
The power entrusted to the executive has been routinely abused. The appointment of boards and officials has generally been an unmitigated disaster. Politics has continued to trump merit and passion for service. In every Bill, there should indeed be a provision for the proper authentication of a qualification of candidates who are being considered for appointment to a board or position.
A provision should also exist for the easy firing of the board member or official if any impropriety, financial misconduct, abuse of office, nepotism, absence or poor performance is alleged and proved. Our country today is overindebted and the need to stretch every rand is a dire necessity. Every board that is constituted must therefore be beyond reproach.
As the board is the accounting authority of Legal Aid South Africa its members must show that they have a firm understanding of the Public Finance Management Act as well. Only then will the board be able to achieve the level of governance we require. In Cope's view, it is not enough to require a board member to be a fit and proper person who is broadly representative of the diversity of the South African population, but they also need to possess certain skills.
It is time that the executive and the legislature learn from the glaring shortcomings of substandard appointments that have brought government into serious disrepute. We must learn from our past mistakes. Cope supports the Bill. I thank you.