Legal Aid’s budget cuts a major concern

Ability of poor and middle class to access justice would be reduced, Parliament told

PARLIAMENT and legal experts have expressed fears that the planned cuts to Legal Aid SA’s budget could have negative ramifications for the poor and their ability to access justice.

This comes after Legal Aid SA warned of a reduction of services and possible retrenchments in the coming years should the planned budget cuts be implemented.

The entity, which provides free legal assistance to those who are too poor to afford private lawyers, told Parliament’s portfolio committee last week that for the 2018/2019 financial year it had received a 5% cut to its baseline allocation from the National Treasury.

Legal Aid SA said that between now and the 2020/2021 financial year, it may be forced to reduce its staff complement by 10%, which is equivalent to 282 positions.

“The impact of reduced staffing is huge and its effect on service delivery is enormous, impacting negatively on poor peoples’ ability to access justice,” warned Legal Aid SA chief executive Vidhu Vedalankar.

The chairperson of the portfolio committee on justice and correctional services, Madipoane Mothapo, yesterday told The Mercury that members of her committee were very concerned about the budget cuts.

“This is one organisation that is able to account for every cent that they have spent,” she said, pointing out that Legal Aid SA had, for the past 17 years, received consecutive unqualified audits without matters, and was voted employer of choice in the public sector for the ninth year in a row.

She said that in the year under review (2017/2018) Legal Aid SA had had its budget cut by about R92million, and that this had had a negative impact on the organisation’s ability to fill vacant posts.

If the cuts continued, Mothapo warned, the entity may have to retrench staff, and the poor, especially the rural poor, would bear the brunt of this.

“While we recognise the economic situation is not favourable, we appeal that this situation be looked into as an exception so that the indigent continue to get real justice. We will engage with the powers that be,” she said.

Mothapo said the committee had “humbly pleaded” with Legal Aid SA to ensure that retrenchments became the last resort.

Retired law professor George Devenish also expressed “immense unhappiness” over the budget cuts, saying they would not only affect the poor but also the middle class because most South Africans cannot afford “exorbitant legal fees”.

“There is a need for the poor and the middle class to be helped in these tough economic times,” he said.

Devenish said that instead of cuts, Legal Aid SA should be getting more money.

He said Legal Aid SA was one of the instruments that contributed towards bridging the inequality gap in South Africa as it ensured that even the poor had access to justice.

“It is part of creating a more equal society. Allocating money to Legal Aid is just as important as spending money on (social) grants.”

Over the next three years the budget cuts will amount to R503m.

“This will require a review and prioritisation of legal aid services so that we prioritise matters having a higher impact on our clients,” Vedalankar said in a statement.

She said the organisation was very concerned about the impact these cuts would have on the poor and vulnerable and their ability to access justice.

“Over the period indicated, legal aid services delivery capacity will be reduced by 51675 matters, or 11.6% over the period.

“Court coverage will reduce by a total of 7% in district courts, to 79%, and regional court coverage will reduce by a total of 10%, to 85%.

“If additional planned cuts are implemented, this reduction of staffing and services will be even worse,” Vedalankar said.