"To Whom Do the People Take Their Issues?" The Contribution of Community-Based Paralegals to Access to Justice in South Africa
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World Bank, Washington, DC
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Paralegals provide a crucial link to
justice services and legal redress in South Africa,
particularly for the rural poor. Although post-Apartheid
constitutional reforms guaranteed a broad range of rights
and benefits to all South Africans, including the right to
legal assistance, accessing many of these benefits remains a
challenge for those who live in remote areas and those who
cannot afford legal representation. Community-based
paralegals fill this gap by providing dispute resolution and
legal support that is both geographically and financially
accessible and informed by a deep understanding of the
social issues and everyday challenges facing their clients.
Despite the prevalence and importance of paralegals in the
South African justice sector, their role remains largely
under-formalized and understudied. This report seeks to
address this gap by providing a broad analysis of the
current state of the paralegal sector. It begins with a
historical overview of paralegal services in South Africa
from the apartheid period to the present. The study then
maps the current state of the paralegal sector, and provides
detailed information on the structure and function of key
organizations that provide paralegal services. Through an
analysis of twelve case studies of paralegal-assisted cases,
the report identifies facilitating and hindering
determinants of Community Advice Offices (CAO) functions at
both the institutional and organization level.
Palabras clave
ABUSE, ABUSES, ACCESS TO INFORMATION, ACCESS TO JUSTICE, ACCOUNTABILITY, ACCOUNTING, ACTIONS, ADVOCACY, ADVOCACY CAMPAIGNS, ADVOCACY ROLE, AFFIDAVITS, ALTERNATIVE DISPUTE RESOLUTION, ALTERNATIVE FUNDING, ARSON, AUTHORITY, BANKS, BARRISTERS, BASIC SERVICES, BILLS, BLACK WOMEN, BUDGETARY ALLOCATION, CAPACITY BUILDING, CASH FLOW, CC, CHILD SUPPORT, CITIZENS, CIVIL LITIGATION, CIVIL SOCIETY, CIVIL SOCIETY ORGANIZATIONS, COERCION, COMMON LAW, COMMUNITY AFFAIRS, COMMUNITY COLLEGE, COMMUNITY DEVELOPMENT, COMPLAINTS, CONFIDENTIALITY, CONSTITUTIONAL LAW, CONSTITUTIONS, CONSUMER PROTECTION, CORRUPTION, COURT, COURTS, CREDIT FACILITIES, CRIME, CRIMES, CRIMINAL, CUSTOMARY LAW, DEMOCRACY, DETAINEES, DEVELOPMENT POLICY, DISABILITIES, DISABILITY, DISCRIMINATION, DOMESTIC VIOLENCE, DOMINANCE, DONOR FUNDING, DRINKING WATER, ECONOMIC CHANGE, ECONOMIC DEVELOPMENT, ECONOMIC RIGHTS, ELDERLY, EMPLOYER, EMPOWERMENT, EMPOWERMENT OF THE POOR, ENROLLMENT, EQUALITY, EUROPEAN UNION, EXCLUSION, EXPENDITURE, FAMILIES, FAMILY LAW, FAMILY STRUCTURES, FEMALE, FINANCES, FINANCIAL ASSISTANCE, FINANCIAL SKILLS, FINANCIAL SUPPORT, FINANCIAL SUSTAINABILITY, FUNDING SOURCE, GENDER, GENDER EQUALITY, GENDER SENSITIVITY, GOOD GOVERNANCE, GOVERNMENT DEPARTMENTS, GOVERNMENT POLICIES, GOVERNMENT POLICY, GROUP OF WOMEN, HARASSMENT, HEALTH CARE, HEALTH SYSTEMS, HIV, HOME, HOME AFFAIRS, HOME VISITS, HOMES, HOSPITAL, HOUSEHOLDS, HUMAN DIGNITY, HUMAN RIGHTS, INDIVIDUAL LIBERTY, INEQUALITY, INFORMAL SECTOR, INITIAL FUNDING, INSTITUTIONAL REFORM, INSURANCE, INTERNATIONAL BANK, INTERNATIONAL LAW, JUDICIAL SYSTEM, JUSTICE, LABOR LAW, LAW FIRM, LAW FIRMS, LAW REFORM, LAW STUDENTS, LAWS, LAWYER, LAWYERS, LEGAL ADVICE, LEGAL AID, LEGAL ASSISTANCE, LEGAL FEES, LEGAL FRAMEWORKS, LEGAL LITERACY, LEGAL ORGANIZATIONS, LEGAL PROFESSION, LEGAL REFORM, LEGAL RESOURCES, LEGAL SERVICE, LEGAL STATUS, LEGAL STUDIES, LEGAL SUPPORT, LEGAL TRAINING, LEGISLATION, LOCAL COMMUNITIES, LOCAL COMMUNITY, LOCAL DEVELOPMENT, LONG-TERM FUNDING, MARGINALIZATION, MARITAL STATUS, MEDIA, MEDIATION, MEDICAL ATTENTION, MEDICAL TREATMENT, MIGRANT, MIGRANTS, MINISTER, MINORITY, MOTHER, NATIONAL LEVEL, NEWSLETTER, NONPROFIT ORGANIZATIONS, NUMBER OF PERSONS, OUTREACH, PEER EDUCATION, PENSIONS, POLICE, POLICE BRUTALITY, POLICE FORCE, POLITICAL ACTIVISTS, POLITICAL OPPONENTS, POLITICAL OPPOSITION, POLITICAL PARTY, POLITICAL POWER, POLITICAL RIGHTS, PREGNANCY, PRISONER, PRISONERS, PRISONS, PRIVATE LAW, PRIVATE PROPERTY, PROCUREMENT, PROGRESS, PROTECTION MEASURES, PUBLIC ACCOUNTABILITY, PUBLIC EDUCATION, PUBLIC INTEREST LITIGATION, PUBLIC SERVICE, PUBLISHERS, RACE RELATIONS, RADIO, RADIO STATIONS, RAPE, RECESSION, REFERRAL SYSTEMS, REPRESSION, RESPECT, ROLE OF LAW, RURAL AREAS, RURAL COMMUNITIES, RURAL DEVELOPMENT, RURAL POPULATIONS, SAFETY NET, SANITATION, SCHOLARSHIP, SECONDARY SCHOOLS, SECRECY, SELF-FINANCING, SERVICE DELIVERY, SERVICE DELIVERY POINTS, SERVICE PROVIDERS, SEX, SEXUAL ABUSE, SEXUAL ORIENTATION, SEXUAL VIOLENCE, SOCIAL CHANGE, SOCIAL DEVELOPMENT, SOCIAL INSURANCE, SOCIAL ISSUES, SOCIAL JUSTICE, SOCIAL MOVEMENTS, SOCIAL ORIGIN, SOCIAL SCIENCES, SOCIAL SECURITY, SOCIAL SECURITY SYSTEMS, SOCIAL SERVICE, SOCIAL WELFARE, START-UP, TECHNICAL SKILLS, TERTIARY EDUCATION, TRADE UNIONS, TRADITIONAL LAW, TRANSPARENCY, TRAUMA, TRIAL, TRIALS, UMBRELLA ORGANIZATION, UMBRELLA ORGANIZATIONS, UNEMPLOYMENT, URBAN AREA, URBAN AREAS, URBAN CENTERS, USE OF RESOURCES, VICTIMS, VILLAGE, VILLAGES, VIOLENCE, VIOLENCE AGAINST WOMEN, VULNERABLE PEOPLE, WATER RESOURCES, WILL, WOMAN, WORKING CONDITIONS, XENOPHOBIA