ATC210514: Report of the Portfolio Committee on Justice and Correctional Services on Draft Regulations made in terms of section 23(1) of Legal Aid South Africa Act, 2014 (Act No. 39 of 2014), tabled in terms of section 23(2) of the Act, dated 14 May 2021:

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on Draft Regulations made in terms of section 23(1) of Legal Aid South Africa Act, 2014 (Act No. 39 of 2014), tabled in terms of section 23(2) of the Act, dated 14 May 2021:

 

The Portfolio Committee on Justice and Correctional Services, having considered the Draft Regulations made in terms of section 23(1) of Legal Aid South Africa Act, 2014 (Act No. 39 of 2014), recommends that the National Assembly approves the draft Regulations.

 

The Committee further reports as follows:

 

  1. The Legal Aid South Africa Act, 2014 (Act No. 39 of 2014) (the Act) came into operation with effect from 1 March 2015. The first regulations in terms of the Act were published by Government Notice No. R. 745 of 26 July 2017 and were amended in 2019 to increase the amounts of the Means Test.

 

  1. Section 23(1) of the Act provides that the Minister must make regulations, after receipt of recommendations of the Boardof Legal Aid South Africa. The Board, consequent to a resolution dated 8 July 2020, recommended to the Minister in terms of section 23(1) of the Act, specific amendments to the regulations. In terms of section 23(2) of the Act any regulations made must, before publication in the GovernmentGazette, be tabled in Parliament by the Minister for approval.

 

  1. The Committee notes that:
  • The proposed amendments to the regulations do not result in any significant policy change.
  • The technical corrections will align the policy to the actual position.
  • The limited and decreasing civil resources of Legal Aid South Africa will be directed to the most vulnerable.
  • There will not be duplication of services between the Commission for Conciliation, Mediation and Arbitration (CCMA)and Legal Aid South Africa.
  • The Means Test will keep pace with inflation without requiring annual revisions to the regulations.

Report to be considered.

Documents

No related documents