Free and low-cost legal help

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Most legal problems in South Africa can be dealt with without paying an attorney. There is a large network of free courts, tribunals, ombud schemes, regulators and law clinics, built for ordinary people who walk in with a folder of papers. You do not need a lawyer to refer an unfair dismissal, apply for maintenance, get a protection order or fight a rejected insurance claim.

Be clear about one thing first. "Free" sometimes means free advice and sometimes free representation, and those are not the same. A clinic that spends an hour explaining your options has given you something valuable, but it has not taken on your case. Legal Aid South Africa does provide representation, but only to people who pass its means test and mainly in criminal matters. The CCMA, the Small Claims Court and the Maintenance Court are free because you are expected to speak for yourself.

So ask early, on the phone or at the counter: are you advising me, or taking my matter?

If you are in danger right now

Do not read on. Phone.

• Police, ambulance, immediate danger: 10111. The SAPS emergency number, from any phone.
• Gender based violence: the GBV Command Centre on 0800 428 428. Free, day or night, and it can arrange help near you.
• Children: Childline on 116. Free from any phone, for a child who needs help and for an adult worried about a child.
• Suicide and mental health crisis: the South African Depression and Anxiety Group runs a national suicide crisis helpline that answers at all hours. Search for the SADAG helpline, or phone a number above and ask to be put through.

A protection order costs nothing and needs no attorney. Apply at any Magistrates' Court. Urgent applications outside normal hours go through the after hours clerk or the police. See how to apply.

Start here: which service fits your problem

Find your problem, then read the section on it below.

• Dismissed, retrenched or badly treated at work. The CCMA, or your industry's bargaining council. The deadline is short: how to refer an unfair dismissal.
• Maintenance is not paid, or you need an order. The Maintenance Court. See what to do if maintenance is not being paid.
• A dispute about care of, or contact with, a child. The Children's Court. See what is a parenting plan.
• Domestic violence, threats, stalking or harassment. A protection order at any Magistrates' Court: how to apply.
• Eviction, a lockout or a withheld deposit. The Rental Housing Tribunal in your province. See eviction without a court order and the deposit calculator.
• Debt collectors, a credit bureau listing or a reckless loan. The National Credit Regulator on 0860 627 627. See how to stop debt collectors harassing you.
• An insurer rejected your claim. The National Financial Ombud Scheme: my insurance claim was rejected.
• Faulty goods or a bad repair. The Consumer Goods and Services Ombud, or the Motor Industry Ombudsman for a vehicle. See the returns checker.
• You are charged with a crime. Legal Aid South Africa on 0800 110 110, today: do I qualify.
• Somebody owes you a modest amount of money. The Small Claims Court, where no attorneys appear on either side: the checker.
• A visa, asylum or deportation problem. Lawyers for Human Rights, the Scalabrini Centre and university law clinics. See how to appeal a visa rejection.
• A police officer assaulted you, or the police did nothing. The Independent Police Investigative Directorate for the officer's conduct, the station commander for poor service.
• An attorney overcharged you. The Legal Practice Council.
• A government department or municipality treated you unfairly. The Public Protector.
• Discrimination, hate speech or harassment. The Equality Court, or the South African Human Rights Commission.
• Levies or rules in a sectional title scheme. The Community Schemes Ombud Service. See disputing body corporate levies.

All of these are free.

Legal Aid South Africa

Legal Aid South Africa is the state funded body that provides actual attorneys, not just advice. Its practitioners work in the courts every day.

What it covers. Criminal defence is the core of its work, from a first appearance and a bail application through to trial and, where there are grounds, appeal. It also does a large amount of civil work: divorce and children's matters, maintenance, evictions and housing, labour, deceased estates and some administrative and refugee matters. It does not take every civil matter, and the more commercial the case looks the less likely it is to be taken.

It is means tested. Legal Aid works out whether you can afford a private attorney by looking at what you earn, what you own and who depends on you. The thresholds are set by Legal Aid South Africa and they change, so no website should quote you a figure. Phone and ask rather than talking yourself out of applying. If you are unemployed, in custody or earning a modest wage, you are very likely inside the test.

How to reach it. Phone 0800 110 110, toll free, or visit a Legal Aid Justice Centre or satellite office, many of which sit inside or beside a Magistrates' Court. In a criminal case also ask the magistrate on your court date, but do not rely on that alone. Its website lists offices by town.

What to take. Your identity document, your last three payslips or an affidavit if you are unemployed, bank statements, proof of address, details of what you own and proof of dependants. Then every document about the case: the charge sheet and case number, the summons, the lease, the dismissal letter. Take copies.

If you are turned down, ask for the reason. Applications based on out of date information get reconsidered. Then work down the rest of this page.

Courts and tribunals you can use yourself

These forums are built for people without attorneys, and the clerks help you with the forms.

The Small Claims Court hears simple money claims below a set limit, brought by a person rather than a company. No attorney appears for either side, so nobody has an advantage. Send a letter of demand first, then take it, your contract and your proof to the clerk. A commissioner, usually a practising attorney sitting for free in the evening, hears both of you and decides. It costs nothing. Use the checker and the letter of demand template.

The Maintenance Court sits in every Magistrates' Court. Complete an application at the maintenance office with proof of your income and the child's expenses. A maintenance officer investigates and calls both parents in. No fee, no attorney needed. The same court enforces an order that is not being paid, including by attaching a salary. See how maintenance is calculated and the checklist.

The Domestic Violence Court and the Children's Court share the same building and are both free. The Children's Court deals with care, contact, guardianship, foster care and children in need of protection, and a clerk or social worker guides you through the forms.

The Equality Court hears complaints of unfair discrimination, hate speech and harassment under the Promotion of Equality and Prevention of Unfair Discrimination Act. Designated Magistrates' Courts and the High Courts sit as Equality Courts. A clerk helps with the form and there is no fee.

The CCMA resolves disputes between employees and employers: unfair dismissal, unfair labour practice, retrenchment and discrimination at work. Referring a dispute is free at every stage and you may represent yourself. Phone 0861 16 16 16 or walk into an office. Where a bargaining council covers your industry it handles the dispute instead, on the same free basis. Check your deadline the day you are dismissed with the deadline checker and the referral checklist.

The Rental Housing Tribunal exists in every province and is free for tenants and landlords alike. It handles unfair practice complaints: withheld deposits, lockouts, cut services, unlawful entry, disputed increases and the state of the property. You complete a form at the provincial office, the tribunal mediates, and if that fails it holds a hearing. A ruling has the effect of a Magistrates' Court order. See who pays for repairs and the deposit letter.

The Community Schemes Ombud Service deals with disputes in sectional title schemes, homeowners associations, retirement and share block schemes: levies, conduct rules, noise, pets, parking, common property and scheme records. You apply on its form, at little or no cost.

Ombud schemes

An ombud investigates a complaint against a business and is free to you, because the businesses fund the scheme. In almost every case you must complain to the company first and give it a chance to answer, so keep that letter and its reply.

The National Financial Ombud Scheme of South Africa is now the main door for financial complaints, covering banking, short term insurance, life insurance and credit. Older articles and letters still name separate offices such as the Ombudsman for Short-Term Insurance, the Ombudsman for Long-term Insurance and the Credit Ombud. Those offices merged into the National Financial Ombud Scheme, so a reference to any of them now points to the same place. Take rejected claims, disputed bank charges, unauthorised debit orders, lapsed policies and credit provider disputes there, free of charge. See how to complain to the insurance ombudsman.

Complaints about the advice you were given when a policy or investment was sold to you, rather than about the claim decision, go to the FAIS Ombud. Also free.

The Consumer Goods and Services Ombud takes complaints about retailers and service providers: faulty goods, refunds, warranties, deliveries that never arrive and bad repairs. Free, under the Consumer Protection Act. See the cooling off period.

The Motor Industry Ombudsman of South Africa handles vehicle disputes with dealers, workshops and manufacturers: repairs, servicing, warranties and defects. Free to the consumer.

The Office of the Tax Ombud deals with service, procedural and administrative complaints about SARS, such as a refund that will not come out. Free, and you use the SARS complaints process first.

Check each scheme's website for current contact details, because these offices move and merge.

Regulators and watchdogs

A regulator is not your attorney, but a well written complaint can force a company or an official to fix what they did.

The National Credit Regulator, on 0860 627 627, regulates credit providers, debt counsellors, credit bureaus and debt collectors registered under the National Credit Act. Reckless lending, a bureau that will not correct your record, a debt counsellor who took your money and did nothing: this is the place. Use the credit bureau dispute letter.

The National Consumer Commission enforces the Consumer Protection Act where an ombud cannot help, and takes complaints about unfair business practices.

The Information Regulator handles POPIA and PAIA complaints: personal information used without your consent, marketing you never asked for, a data breach, or a body refusing you records you are entitled to. See what to do after a data breach.

The Legal Practice Council regulates attorneys and advocates. Complain about overcharging, missing trust money, or a file that has gone nowhere for years. Its register also lets you check that the person you are dealing with really is an admitted attorney in good standing. Check before you pay anyone.

The Independent Police Investigative Directorate is separate from the police and investigates serious misconduct by officers, including assault, torture, corruption and deaths in custody. For ordinary poor service start with the station commander.

The Public Protector investigates improper conduct in state affairs: a department that ignores you, a municipality billing you for someone else's account, an official abusing their position. Free, with offices in every province.

The South African Human Rights Commission takes complaints about violations of the Bill of Rights, including discrimination, dignity and access to water and housing. It can investigate, mediate and litigate. Free.

Free legal clinics and non profits

University law clinics. Most universities with a law faculty run one, including Wits, the University of Cape Town, the University of Pretoria, the University of KwaZulu-Natal, the University of Johannesburg, Stellenbosch, the University of the Western Cape and Nelson Mandela University. Admitted attorneys supervise final year students, so files are done carefully. They commonly take family, maintenance, labour, housing, consumer, refugee and small civil matters, and many run walk in advice days. Each has its own means test, so phone first.

Lawyers for Human Rights works on refugee and migrant rights, detention and deportation, land and housing and strategic cases. It has clinics in several provinces and is one of the first places to try with an immigration problem.

The Legal Resources Centre takes public interest cases: land and tenure, housing and evictions, education, equality and access to services. It generally takes matters that affect a group of people or settle a point of law, rather than one private dispute.

ProBono.Org matches people who cannot pay with private attorneys who work for free, and runs help desks at some courts on family, housing, labour, refugee, consumer and wills matters. A good route when your matter needs a real attorney but Legal Aid will not take it.

The Scalabrini Centre in Cape Town assists migrants, refugees and asylum seekers with documentation, appeals and access to services.

Black Sash runs community based paralegal advice offices and a national helpline covering social grants and SASSA problems, unlawful grant deductions, consumer and debt trouble and government services. Often the fastest help for a stopped grant.

Community advice offices in most towns and townships are staffed by trained paralegals. They will not appear in court, but they explain the process, help with forms and refer you upwards. Search for the nearest one, because offices and outreach days change.

How to get the most out of a free service

Free services are busy. The person helping you may have twenty other files that day, so how you arrive changes what you get.

• Go early. Queues at courts and clinics start before opening. Say any approaching deadline out loud, because urgency moves you up.
• Bring every document, and bring copies. Contract, lease, payslips, the dismissal or rejection letter, bank statements, WhatsApp messages printed out, photographs. Hand over the copies and keep your originals.
• Write a one page timeline before you go: dates down the left, what happened on the right, with names and places. It does more for you than an hour of talking.
• Be brief and factual. Say what happened, what you want, and what the other side says. Leave out how you feel about the person. A short account is not a disloyal one.
• Ask two questions before you leave. What is the next step, and by when? Write down the answers and who gave them.
• Follow up in writing. A short email confirming what was said creates a record. Keep every reference number.
• Do not miss dates. A missed court date can end your matter, and no free service undoes that.
• Tell the truth about your finances. Means tests are checked, and a false declaration ends the help.

When free help is not enough

This page would be dishonest if it stopped there.

Advice is not representation. Many clinics and helplines only advise. If your matter needs someone to stand up in court, ask whether they will, and if not, who will.

Civil representation is scarce. Legal Aid's civil capacity is limited and most of its resources go to criminal defence. A messy contract dispute or a commercial claim is rarely taken by anyone for free.

Waiting times can be long. Free forums carry heavy caseloads and postponements happen. If your problem is urgent, say so at the start, in writing.

Some deadlines are brutally short. A dismissal referral, an internal appeal window, a visa appeal, a prescription date. If a deadline is days away, paying for one hour of an attorney's time to get the first step right is often cheaper than missing it and losing the claim entirely. Many attorneys give a short first consultation at no charge, and injury and Road Accident Fund matters often run on a no win no fee basis. See how no win no fee works and the cost pages.

Free does not mean weak. A Legal Aid practitioner appears in your court every working day, an ombud can force an insurer to pay, and a Small Claims Court order is a court order. Prepare properly, keep your papers, and use these services with confidence.

LawMatch is not a law firm. This page is general information, not legal advice about your situation. Contact details, thresholds and office locations change, so confirm them with the organisation before you rely on them.