Related documents
- Is amended by Legal Aid Amendment Act, 2000
- Is commenced by Commencement of the Legal Aid Act, 1990
Legal Aid Act, 1990
Act 29 of 1990
- Published in Government Gazette 131 on 31 December 1990
- Assented to on 12 December 1990
- Commenced on 7 October 1991 by Commencement of the Legal Aid Act, 1990
- [This is the version of this document from 10 October 2000 and includes any amendments published up to 3 May 2024.]
- [Amended by Legal Aid Amendment Act, 2000 (Act 17 of 2000) on 10 October 2000]
1. Definitions
In this Act, unless the context otherwise indicates -“Director” means the Director of Legal Aid appointed under section 3;“legal aid” means the legal aid referred to in section 2;“lower court” means any court established under the provisions of the Magistrates’ Court Act, 1944 (Act No. 32 of 1944), and includes a district labour court established by section 15 of the Labour Act, 1992 (Act No. 6 of 1992);[The definition of “lower court” is amended by Act 17 of 2000.The Labour Act 6 of 1992 has been replaced by the Labour Act 11 of 2007; section 16 of Act 11 of 2007 provides that “any reference to a provision of the previous Act must be read as if it were a reference to the corresponding provision of this Act, in so far as possible”.]“Minister” means the Minister of Justice;“practitioner” means a legal practitioner as defined in section 1 of the Legal Practitioners Act, (Act No. 15 of 1995);[definition of “practitioner” substituted by Act 17 of 2000]“prescribe” or “prescribed” means prescribe or prescribed by regulation;“this Act” includes the regulations made thereunder.2. Extent of legal aid
3. Appointment of Director of Legal Aid, legal aid counsel and legal aid assistants
4. Performances of functions by Director and Legal Aid Counsel
5. Right of audience of legal aid assistant
Every legal aid assistant shall, notwithstanding that he or she is not a practitioner, be entitled to appear for and represent any legally aided person in any civil or criminal proceedings before a magistrate’s court.6. Legal practitioners
7. Legal aid committees
8. Legal aid in the High Court
9. Legal aid in lower courts
10. Powers and duties of Director in criminal cases
11. Legal aid in civil matters
12. Legal aid in civil proceedings where the State is a party
13. Legal aid in appeals
14. Courts may direct the grant of legal aid for appeals
Where, in any appeal before the High Court or the Supreme Court, any party to the appeal is not legally represented and the Court is of the opinion that a legal question of public importance is likely to arise in the appeal, the Court may issue a legal aid certificate and the Director shall thereupon grant legal aid to that party for the purposes of the appeal.15. Contributions towards legal aid
16. Ascertainment of means
17. Costs awarded to legally-aided persons
18. State not liable for costs
19. Parties to submit to arbitration in certain cases
Where in any proceedings or contemplated proceedings all the parties thereto apply for legal aid in terms of this Act, and the Director is of the opinion that the dispute is of a nature which could properly be the subject of arbitration, the Director may, as a condition of the granting of legal aid, require the parties to submit the dispute to arbitration and may make such arrangements for the purpose of such arbitration proceedings as the Director may deem fit.20. Termination of legal aid
The Director may at any time for any reason which the Director considers sufficient, terminate any legal aid granted under this Act for the purposes of any proceedings before a court or tribunal: Provided that, in the case of legal aid granted under section 12, the Director shall do so only with the leave of the court.[section 20 amended by Act 17 of 2000]21. Legal aid to persons acting in representative capacity
Where application is made for legal aid by a person acting in a representative capacity for the benefit of a deceased estate or a trust or any person who is subject to a legal incapacity and such representative is capable of instituting or defending proceedings in such capacity, the Director may, grant legal aid to such estate, trust or legally incapacitated person if, in his or her opinion -22. Legal aid for purposes of proceedings before a tribunal
23. Person may refuse or dispense with legal aid
24. Regulations
The Minister may make regulations in relation to -24A. Offences and penalties
25. Restriction of liability
No person, including the State, shall be liable in respect of anything done in good faith in the exercise of a power or the performance of a duty conferred or imposed by or under this Act.26. Repeal of Act 22 of 1969, and saving
27. Short title
This Act shall be called the Legal Aid Act, 1990, and shall come into operation on a date to be fixed by the President by proclamation in the Gazette.History of this document
10 October 2000 this version
Amended by
Legal Aid Amendment Act, 2000
07 October 1991
Commenced by
Commencement of the Legal Aid Act, 1990
31 December 1990
12 December 1990
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
General Regulations, 1991 | Government Notice 107 of 1991 |
Cited documents 3
Legislation 3
Documents citing this one 66
Gazette 18
- Namibia Government Gazette dated 1990-12-31 number 131
- Namibia Government Gazette dated 1991-10-07 number 272
- Namibia Government Gazette dated 1991-10-08 number 273
- Namibia Government Gazette dated 1996-07-16 number 1358
- Namibia Government Gazette dated 2000-10-10 number 2421
- Namibia Government Gazette dated 2002-11-07 number 2849
- Namibia Government Gazette dated 2003-12-18 number 3109
- Namibia Government Gazette dated 2004-12-24 number 3358
- Namibia Government Gazette dated 2006-12-29 number 3761
- Namibia Government Gazette dated 2014-01-17 number 5392
- Namibia Government Gazette dated 2015-05-29 number 5744
- Namibia Government Gazette dated 2017-08-25 number 6392
- Namibia Government Gazette dated 2017-09-29 number 6425
- Namibia Government Gazette dated 2017-10-25 number 6450
- Namibia Government Gazette dated 2018-11-23 number 6774
- Namibia Government Gazette dated 2018-12-31 number 6818
- Namibia Government Gazette dated 2019-04-30 number 6892
- Namibia Government Gazette dated 2019-11-14 number 7047
Judgment 38
- Beukes v Benade and Another (Appeal Judgment) (SA 15 of 2005) [2018] NASC 11 (13 April 2018)
- Clayton v Williams (HC-MD-CIV-ACT-DEL-2021/01779) [2024] NAHCMD 63 (19 February 2024)
- Cloete v Minister of Safety and Security and Others (HC-MD-CIV-ACT-OTH-2020/04716) [2024] NAHCMD 118 (15 March 2024)
- De Sousa v Alexia Properties CC (SA 84 of 2019) [2021] NASC 29 (27 July 2021)
- Do Rego v JC Beerwinkel t/a JC Builders (SA 36 of 2010) [2012] NASC 17 (22 August 2012)
- Ex Parte Kamwi [2020] NAHCMD 152 (7 May 2020)
- Government of Republic of Namibia v Ndjembo (SA 39 of 2017) [2020] NASC 56 (30 November 2020)
- Government of the Republic of Namibia and Others v Mwilima and Others (SA 29 of 2001) [2002] NASC 8 (7 June 2002)
- Haufiku v Minister of Home Affairs, Immigration, Safety and Security (HC-MD-CIV-ACT-OTH- 3665 of 2021) [2022] NAHCMD 689 (19 December 2022)
- Indongo Auto (Pty) Ltd Trading as Indongo Toyota v IIpinge (HC-MD-CIV-ACT-OTH-2023/05317) [2024] NAHCMD 163 (10 April 2024)
- Kambatuku and Another v Tjaveondja and Others (HC-MD-CIV-ACT-OTH-2021/00939) [2023] NAHCMD 256 (12 May 2023)
- Katjomuise v Negonga (HC-MD-CIV-ACT-OTH- 1594 of 2020) [2023] NAHCMD 61 (17 February 2023)
- Maiba v Commissioner General Raphael Hamunyela: Namibian Correctional Service and Others (HC-MD-CIV-MOT-GEN-2019/00463) [2023] NAHCMD 175 (6 April 2023)
- Mentoor v Usebiu (Appeal Judgement) (SA 24 of 2015) [2017] NASC 12 (19 April 2017)
- Minister of Home Affairs and Immigration v Madjiet and Others (SA 9 of 2005) [2007] NASC 7 (27 November 2007)
- Minister of Safety and Security and Others v Avelinu (SA 4 of 2020) [2022] NASC 8 (30 March 2022)
- Minister of Safety and Security and Others v Mahupelo Richwell Kulisesa (SA 7 of 2017) [2019] NASC 2 (28 February 2019)
- Minister of Safety and Security v Kauhano (SA 56 of 2018) [2020] NASC 36 (20 May 2020)
- Minister of Safety and Security v Mwamba (SA 20 of 2018) [2021] NASC 54 (9 September 2021)
- Mukapuli and Another v Swabou Investments (PTY) Limited (49 of 2011) [2017] NASC 22 (23 June 2017)
- N/A’an Ku Sê Foundation (Non-profit Association Incorporated under section 21 of the Companies Act, 2004) v Minister of Environment, Forestry and Tourism and Others (HC-MD-CIV-MOT-GEN-2022/00323) [2023] NAHCMD 100 (9 March 2023)
- Ndeitunga v Kavaongelwa (3967 of 2009) [2013] NAHCMD 350 (21 November 2013)
- Ngola v Veiyo (HC-MD-CIV-ACT-DEL- 3499 of 2018) [2021] NAHCMD 526 (16 November 2021)
- Reilly v Clerk of the District Labour court Wavis Bay and Others (19 of 2007) [2009] NALC 1 (11 February 2009)
- Rooi v Minister of Home Affairs, Immigration Safety, and Security and Others (HC-MD-CIV-ACT-OTH-2021/03151) [2023] NAHCMD 282 (23 May 2023)
- Rudolf v S (Appeal Judgement) (10 of 2016) [2017] NAHCNLD 25 (6 April 2017)
- S v Kasanga (CA 2 of 2005) [2005] NAHC 46 (2 December 2005)
- S v Luboyo and Another (SA 27 of 2003) [2007] NASC 1 (3 May 2007)
- S v Malumo and Others (5) (CC 32 of 2001) [2010] NAHCMD 1 (1 March 2010)
- S v Mushwena and Others (SA 4 of 2004) [2004] NASC 2 (21 July 2004)
- S v Thomas (7) (HC-NLD-CRI-APP-CAL 61 of 2020) [2021] NAHCNLD 30 (25 March 2021)
- Shiweda v Tweya Trading CC and Others (HC-MD-CIV-ACT-CON-2020/04741) [2023] NAHCMD 101 (9 March 2023)
- Sitler v Pupkewitz Motors (HC-MD-CIV-ACT-DEL-2022/02711) [2023] NAHCMD 505 (17 August 2023)
- South African Airways Soc Limited v Camm and Others (HC-MD-CIV-ACT-DEL 2479 of 2016) [2019] NAHCMD 14 (31 January 2019)
- Ultimate Safaris (Pty) Ltd v Gariseb (SA 51 of 2018) [2022] NASC 12 (8 April 2022)
- Visagie v Government of Republic of Namibia and Others (SA 34 of 2017) [2018] NASC 411 (3 December 2018)
- Witbooi and Others v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV 225 of 2019) [2022] NAHCMD 172 (5 April 2022)
- Witbooi and Others v Witbooi and Others (SA 31/2022) [2023] NASC 46 (30 November 2023)
Law Reform Report 2
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