Hon Speaker, hon members of this House, under Apartheid colonialism there was a host of legislation that criminalised different aspects of black lives. The courts focused on mass convictions and the sale of inmates to farmers to create cheap labour for them. It was therefore not in the interests of the apartheid state to ensure access to courts and justice. Courts and mass convictions were merely a means to create cheap labour for the farmers.
The Legal Aid Act of 1969 was also primarily designed to make the courts and justice available to the white population. Though couched in general terms, the Act sought to make the courts and justice accessible to whites only. More specifically, the 1969 Legal Aid Act provided for legal aid for indigent persons and for that purpose established the Legal Aid Board and defined its functions.
Now, the Constitution of the Republic of South Africa, No 108 of 1996, in section 34 provides for access to justice in general, while section 35 provides for legal representation for detained and accused persons at state expense if substantial injustice would otherwise result. In practice, section 35 took precedence over section 34, which provides for access to justice in general. Hence the Legal Aid Board of SA has not given much support in civil cases. This has given rise to perceptions that the Constitution ...
Hon Motshekga, if I may just address you on the matter. We are now at the point where you must introduce the report of the committee, after which we will consider the introduction thereof and the motion, and then we will get into the debate on the matter. So, we are busy with the report at this stage.
House Chairperson, you are perfectly right. The confusing point was that the Minister was called. He returned; so I think there was something wrong with the arrangements, but I take your point.
Let us deal with the report.
Let me proceed as you directed and say that the Portfolio Committee on Justice had stakeholders on the situation of legal aid in the country and engaged with the inputs that were made. These inputs were very helpful to the committee. Having heard them and considered those inputs, we came to the conclusion that the Legal Aid Bill that was before us should be adopted as a Bill that would establish an institution called Legal Aid South Africa.
So, it establishes an entity, an institution that will have a board and a CEO. Therefore we also looked at the scope of the purpose of that Bill and came to the determination, as the committee, without exception, that there is an area that needs to be covered by this Bill, namely, the provision of legal aid, legal advice, legal education as well as information.
We noted, as the committee, without exception, that there is an area where justice is provided by paralegals and legal advice centres that are not funded under the current legislation, and decided that it would be necessary for us to consider coming up with legislation that would address that area. And we agreed as committee, without any dissension, that we should urgently bring about legislation to deal with the area of paralegals and community advice centres.
So, I propose that that committee report, which was adopted unanimously, be adopted by this House. I thank you.
Thank you, House Chair. I move:
That the report be adopted.
The motion is that the report be adopted. Are there any objections?
Motion agreed to.
Report accordingly adopted.