Programme director, Mr Jerry Makokoane
Mr Justice Dunstan Mlambo, Chairperson of the Board of Legal Aid SA
Mr Justice Bernard Ngoepe, Judge President of North Gauteng
Ms Thuli Madonsela, Public Protector of the Republic of South Africa
Ms Vidhu Vedalankar, CEO of Legal Aid South Africa
General Mzwandile Petros, Provincial Commissioner of Gauteng
Members of the Board of Legal Aid SA
Executives and staff of Legal Aid SA
Representatives of the Legal Profession
Representatives of organised civil society
Comrades and friends in the quest to ensure access to justice for all
The inputs by the Chairperson, Chief Executive Officer and National Operations Executive were very brief and to the point, a reflection of a deeply ingrained culture in Legal Aid South Africa: few words and much action. I hope to emulate this good example.
Please accept the greetings and best wishes of Minister Jeff Radebe, the Minister of Justice and Constitutional Development. The pursuit of access to justice for all, especially the poor and those living in the rural areas, remains amongst our key priorities as we consolidate our Constitutional democracy.
President Zuma has on numerous occasions reaffirmed government’s commitment to make access to justice a reality for the poor and those living in rural areas by, amongst others: Overhauling the Criminal Justice System to ensure an integrated and coordinated system that focusses the work of the police, prosecutors, correctional officials as well as the departments of home affairs, state security and social development to ensure that all in South Africa are safe and feel safe.
The transformation of the judiciary to reflect the diversity of South Africa as well as the values contained in our Constitution and ensuring that our courts are accessible not only geographically and physically but also in terms of their rules and procedures, the languages used and the values that inform their operational culture. And also, very importantly, access to legal advice, assistance and representation.
In this regard, Legal Aid South Africa continues to discharge its mandate to facilitate access to justice by providing public funded legal representation to the poor and the indigent, and has done so in a manner that can only be described as excellent – an example to all organisations, private and public. This service to the poorest of the poor amongst our communities bears testimony to our commitment to ensure that the Bill of Rights and all the other principles enshrined in our Constitution resonate in the daily lives of all South Africans, without exception.
There is no doubt that for justice to be done, and seen to be done, all litigants must be properly represented. During the 2009/10 financial year, Legal Aid South Africa provided legal services at all criminal courts through its 64 Justice Centres and 63 satellite offices. During this period, Legal Aid South Africa delivered quality legal services in 416 149 new legal matters which included assistance in 387 121 criminal legal matters and 29 028 civil legal matters.
Legal Aid South Africa is seeking to improve even further on this impressive performance by establishing a Legal Aid Advice Line - a call centre that focuses on civil matters. The aim of this initiative is to assist poor South Africans, those earning R5,000 or less a month, especially those in rural areas, with immediate legal advice. In this way, Legal Aid South Africa will be able to broaden its reach thereby making it possible for more people to access legal assistance.
Even though this Legal Aid Advice Line is being opened formally today it has been operational since 1 June 2010.
Legal Aid South Africa’s Legal Advice Line is a call centre of a special type. It is designed to further Legal Aid South Africa’s strategy to enhance access to justice for the poor and the vulnerable. The 12 staff members in the centre will give advice to callers in matters related to children, land, and family matters, or where appropriate, refer such matters to justice centres or other organisations for further action and assistance. Importantly, this advice is being rendered in 5 of our 11 official languages.
Legal Aid SA intends to expand its civil services, focusing as a starting point on matters affecting identified vulnerable groups such as children, women and the landless and then to expand these to broader constituencies.
By rendering these services Legal Aid SA is helping to make real the letter and spirit of the Constitution and the Bill of Rights in particular.
The Legal Advice Line represents a significant milestone in the quest to extend access to justice to rural areas where the cost of establishing justice centres and/or satellite offices might be prohibitive. The Legal Advice Line is the first of its kind in the country and its formal opening is indeed cause for celebration.
Constitutional democracies protect the liberties of their citizens by guaranteeing them not only access to impartial and independent courts, but also to legal aid services, particularly in respect of criminal cases but also the protection and realisation of fundamental rights.
We are encouraged by the fact that legal aid is not only being provided by the State through Legal Aid SA, but that many in the legal profession are meeting their social responsibility commitments by providing pro bono legal services to the poor. We look forward to the introduction into Parliament of the Legal Practice Bill that aims to address the contribution that the legal profession can make in this regard.
Justice cannot be the exclusive domain of the wealthy and the urban. It must be enjoyed by all without discrimination, including on the particularly in this case on the basis of affordability.
When access to justice does not exist or is inadequate, and where there is not equal protection under the law across the spectrum of social, economic and political endeavour, there is a real danger of people losing confidence in the justice system and the rule of law. The law would tragically be seen as serving the interests of the wealthy while the poor suffer injustice.
Everyone is entitled to human dignity which must be promoted, amongst others, through access to justice which entitles every individual to have any dispute that can be resolved by the application of law decided in a fair, public hearing before court or, where appropriate, another independent and impartial tribunal or forum, these being our constitutional principles. These constitutional rights can be frustrated when people do not have equal access to legal representation.
Access to justice, therefore, is at the heart and soul of the work of the Department of Justice and Constitutional Development.
Unfortunately much of our justice system still reflects the political topography of apartheid with courts being located in urban and historically white areas rendering access to justice difficult for the majority of South Africans. It is for this reason that this government has committed itself to establishing courts in rural and poverty stricken areas. The Regional Courts Amendment Act, passed earlier this year, abolished black divorce courts and extended civil jurisdiction to regional courts which had previously only dealt with criminal matters. We have also been building new courts, upgrading existing courts, converting branch courts into full-services courts and establishing small claims courts in these areas.
Parliament has acknowledged the invaluable role played by Legal Aid South Africa. On 24 August 2010, Parliament noted with approval the establishment of the Legal Advice Line that will focus on assisting poor South Africans with legal advice in civil matters. The assembly further noted that the Legal Aid Advice Line will not only give legal advice to clients but, in certain cases, it will link clients to lawyers who will take their cases further.
The National Assembly congratulated Legal Aid South Africa for availing legal services to poor communities as this initiative will accelerate the process of the realisation of equality before the law. I would like to join Parliament in extending my congratulations as well as those of the Minister of Justice and Constitutional Development for this important milestone in the progressive realisation of access to justice for all our people.
Justice is the golden thread spanning the decades of relentless struggle against centuries of colonial suppression and decades of racial supremacy in South Africa. I would like to personally thank the the Chairperson Judge Dunstan Mlambo and CEO, Vidhu Vedalankar and her team, for driving this initiative and making it a reality in the lives of those who seek access to justice and advancing the protection of their rights. I am confident that the Legal Aid Advice Line will live up to its expectations and will grow into an invaluable resource for the poor in rural areas, and extend the footprint of access to justice across this country.
Ladies and gentlemen, comrades and friends, it gives me great pleasure to declare the Legal Aid Advice Line officially open!
I thank you!
Source: Department of Justice and Constitutional Development
