ACCESS TO LEGAL AID IN RURAL SOUTH AFRICA: IN SEEKING A COORDINATED APPROACH

Abstract

A number of approaches to legal aid for the poor and marginalised, with special emphasis on rural communities in South Africa, are discussed. The traditional approaches towards legal education and litigation of such groups are critically analysed in the light of the constitutional protection of socio-economic rights. The lack of a clear constitutional imperative as regards legal aid in civil matters, coupled with reprioritisation of foreign funding to university-based law clinics, NGO’s and paralegal advice offices, is severely hampering the provision of legal aid for civil and especially socio-economic matters. An approach centred around the maximal
utilisation of existing resources, improved cooperation between the various role players, and community legal education is suggested.