The Sunday Mail
Chaplin Singende
Government has set up four district offices to provide free legal representation to those who cannot afford such services as part of efforts to deepen access to justice.
Offices of the Legal Aid Directorate (LAD) — a department under the Ministry of Justice, Legal and Parliamentary Affairs — have been established in Chivhu, Gokwe, Chiredzi and Chipinge.
Three additional stations are set to be opened before year-end. Previously, LAD offices were only available in provincial capitals.
Justice Permanent Secretary Mrs Virginia Mabhiza told The Sunday Mail that Government was fast-tracking the decentralisation process.
“The decentralisation of the Legal Aid Directorate to districts has already started and it’s an ongoing process,” she said.
“We have decentralised to four districts of the country − Chivhu, Gokwe, Chiredzi and Chipinge. And, for the record, we are in all the provincial capitals of the country.”
Legal aid refers to the provision of legal services and representation in court or before an administrative tribunal to persons unable to pay for a lawyer.
Mrs Mabhiza said advantages of LAD’s decentralisation include affording access to legal services to indigent people at grassroots level.
“Funding for decentralisation is available from Treasury and budgeted for.
“The idea is to bring legal access to the grassroots where victimisation was the order of the day.
“The Government, in the long run, will establish LAD in all districts where there is a magistrates’ court.”
Section 70 (1)(e) of the Constitution provides that “any person accused of an offence has the following rights – to be represented by a legal practitioner assigned by the State and at the State expense, if substantial injustice would otherwise result”.
LAD is structured along the lines of the social welfare programme, which provides assistance to the underprivileged.
The State provides legal representation for both criminal and civil cases and any quasi-judicial tribunals.
Legal advice provided includes cases of labour disputes, matrimony, deceased estates, general civil matters and criminal issues.
Speaking separately, LAD director Mr John Nyangombe said: “Office space for LAD has already been secured in Plumtree, Lupane and Binga.
“LAD provides all of the services that private practice lawyers provide.
“The cases we take are subject to vetting, and that if there is a conflict of interest, LAD will not provide its services.
“For example, in a case where a group of people is challenging the National Social Security Authority (NSSA) for benefits, we cannot go against the Government agency, which is also our client.”
In South Africa, the Legal Aid Department provides state-funded lawyers to anyone who earns less than R5 500 per month after tax, while in criminal cases, children automatically qualify for legal aid.
