Legal Aid SA's R729m funding squeeze threatens access to justice

South Africans without the means to hire private lawyers face mounting uncertainty over accessing state-funded legal representation, as Legal Aid South Africa grapples with a R729.5 million budget cut and increasing pressure on its legal professionals. In its 2025/26 annual report, the organisation assisted 616,707 individuals, down from 628,213 the prior year, while civil matters fell from 49,004 to 45,279.

The report highlights that Civil Legal Services Unit workloads continue to outpace practitioners' capacity, prompting the organisation to evaluate demand against resources. It also warns that staffing targets will be reduced to 85% for 2026/27 due to recruitment restrictions. Legal Aid SA anticipates a further R261 million budget reduction in the current financial year and fears reserves will be exhausted.

This funding squeeze has sparked concerns about the availability of legal assistance for those who cannot afford private attorneys. The report indicates that Judicare practitioners managed 0.69% of the organisation's legal services in 2025/26, while 98.5% were handled by internal practitioners. Of the qualifying civil applicants granted legal aid, 99.9% received assistance, though this figure excludes those who did not meet the criteria.

Although the report notes 9,000 civil legal aid applications were denied in 2024/25, only 53 were directly linked to capacity constraints. Most refusals were due to case merits, means testing, or excluded matters. On October 7, MPs were informed that Legal Aid SA had halted new hires, impacting court coverage and exacerbating practitioners' workload.

Committee chair Xola Nqola acknowledged the severe funding constraints and pledged to engage the Appropriations Committee. The financial pressures stem from an ongoing labour dispute between Legal Aid SA and the South African Lawyers and Allied Workers Union (SALAWU). The union, which lifted its strike but maintains unresolved demands, accuses the organisation and government of not engaging substantively.

SALAWU also criticized the Minister of Justice and Constitutional Development over a cancelled meeting and criticized efforts to secure parliamentary intervention. Legal Aid SA denies these allegations, stating it has extensively engaged with the union post-strike and remains committed to resolving outstanding matters through appropriate labour-relations mechanisms.

The organisation confirmed a strike on June 17 and 18, with services resuming on June 24, though it did not disclose outstanding labour demands, citing the collective bargaining process. Despite these challenges, Legal Aid SA's chief executive, Mantiti Kola, said the organisation has limited recruitment, implemented cost-cutting measures, and sought additional funding from National Treasury.

The report underscores that financial challenges extend beyond the labour dispute, as the organisation reviews its service delivery model to prioritize limited resources on areas of greatest need.