from Part II - Comparative Perspectives on Access to Justice
Published online by Cambridge University Press: 29 September 2022
South Africa’s context is one that has to deal with apartheid and its devastating legacies. The chapter traces the evolution of pro bono and related practices in this context, from a professional ‘duty’ or ‘calling’ to one founded in the South African Constitution. The chapter argues that it is this constitutional foundation that has led to the institutionalization of ‘community service’ as a mandatory feature of being a South African legal professional. The chapter then considers the contemplated community service regime and other recent legislative changes to the South African access to justice landscape. The drafters of the legislation clearly see the community service regime as a chance for improved access to justice for vulnerable persons. However, having erased enforcement mechanisms for pro bono in the process, and with no implementation of community service in sight, South Africa’s new legislative scheme may not have its intended effect. The chapter argues that a complementary, multipronged approach is needed. This approach includes the provision of community service alongside state legal aid and pro bono, together with the caps on legal fees currently being considered by the government – all ideas worth serious consideration in a country where there is considerable unmet legal need.
To save this book to your Kindle, first ensure no-reply@cambridge-org.demo.remotlog.com is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.