Considering the benefits of legal aid and legal representation at state expense for certain meritorious family institutions and their members : South African and international demands

Abstract

One of the fundamental objectives of any legal system is to ensure that the system is inherently fair and accessible. Many legal systems in the world today are criticised for their lack of fairness, accessibility and, ultimately, legitimacy. A legal system can only be legitimate when it is effective and when justice, fairness and the protection of fundamental rights are provided. Some commentators believe that this ideal legal environment can only be achieved through the provision of proper legal aid and legal representation.1 Many modern states provide for legal aid and legal representation, even at state expense, in both criminal and civil legal matters. However, the extent of such legal aid and representation differs from country to country, and also in respect of the people and groups qualifying for such aid.