Deputy Speaker, as you know, the provision of legal aid or legal assistance by the state to indigent persons or persons who cannot afford legal representation and to children in civil proceedings affecting such children is a provision found in the Bill of Rights in our Constitution. Other pieces of legislation also provide for legal assistance at state expense.
In terms of the Legal Aid Act and in order to attain its objects and exercise its powers, the Legal Aid Board in consultation with the Minister of Justice is required to submit the Legal Aid Guide, which the Minister must table in the NA and the NCOP for ratification.
Important amendments to the existing Legal Aid Guide are, amongst others: that children in conflict with the law had been included as a category of persons entitled to legal aid under the Constitution; a child appearing in a Child Justice Court may not be refused legal aid even when the charge is not listed for the district court; legal aid is extended to children appearing in a preliminary enquiry as it is regarded as the child's first appearance in court; where an accused was represented by a judicare practitioner and the matter was finalised, the same practitioner will be instructed when the client elects to appeal the matter at a later stage; and it is proposed that legal representation in maintenance cases be provided where: there has been a failure by the system, or to enable an applicant to seek or execute the order for a period longer than twelve months; and when there is an abuse of our system by the other party, which makes it difficult to obtain the granting or execution of the order for a period longer than 12 months.
The legal aid for administration of an estate involving children has been limited to instances where the estate does not exceed the amount determined by the Minister of Justice, which is currently R125 000 in terms of the Administration of Estates Act of 1965. The same applies where there is an immovable property that exceeds the said amount but is valued at less than