Difference between revisions of "Zimbabwe Legal Aid Act"

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(Created page with '== PART I == ===PRELIMINARY=== '''1 Short title and date of commencement''' (1) This Act may be cited as the Legal Aid Act, 1996. (2) This Act shall come into operation on �')
 
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(3)  The Minister may set up branches of the Legal Aid Directorate in such places as he may direct.
 
(3)  The Minister may set up branches of the Legal Aid Directorate in such places as he may direct.
  
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4 Director, law officers and staff of Legal Aid Directorate
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'''4 Director, law officers and staff of Legal Aid Directorate'''
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(a) a Director of the Legal Aid Directorate; and
 
(a) a Director of the Legal Aid Directorate; and
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(b) such law officers and other persons as are necessary for carrying out the functions of the Legal Aid Directorate;
 
(b) such law officers and other persons as are necessary for carrying out the functions of the Legal Aid Directorate;
 
whose offices shall be public offices and form part of the Public Service.
 
whose offices shall be public offices and form part of the Public Service.
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(2)  A person shall not be qualified for appointment as Director under subsection (1) unless he is registered as a legal practitioner under the Legal Practitioners Act [Chapter 27:07].
 
(2)  A person shall not be qualified for appointment as Director under subsection (1) unless he is registered as a legal practitioner under the Legal Practitioners Act [Chapter 27:07].
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(3)  The functions of the Director may be exercised and performed by him in person or by any other person acting in accordance with his general or specific directions.
 
(3)  The functions of the Director may be exercised and performed by him in person or by any other person acting in accordance with his general or specific directions.
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(4)  Except as otherwise provided in this Act, in the exercise of his functions under this Act, the Director shall not be subject to the direction or control of any other person or authority.
 
(4)  Except as otherwise provided in this Act, in the exercise of his functions under this Act, the Director shall not be subject to the direction or control of any other person or authority.
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5 Minister may give policy directions to Director
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'''5 Minister may give policy directions to Director'''
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(1)  Subject to subsection (2), the Minister may give the Director such directions of a general character relating to the policy he is to observe in the exercise of his functions as the Minister considers to be requisite in the national interest.
 
(1)  Subject to subsection (2), the Minister may give the Director such directions of a general character relating to the policy he is to observe in the exercise of his functions as the Minister considers to be requisite in the national interest.
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(2)  Before giving the Director a direction in terms of subsection (1), the Minister shall inform him, in writing, of the proposed direction and the Director shall, within thirty days or such further period as the Minister may allow, submit to the Minister, in writing, his views on the proposal and the possible effect it may have on the Fund and the resources of the Directorate.
 
(2)  Before giving the Director a direction in terms of subsection (1), the Minister shall inform him, in writing, of the proposed direction and the Director shall, within thirty days or such further period as the Minister may allow, submit to the Minister, in writing, his views on the proposal and the possible effect it may have on the Fund and the resources of the Directorate.
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(3)  The Director shall, with all due expedition, comply with any direction given to him in terms of subsection (1).
 
(3)  The Director shall, with all due expedition, comply with any direction given to him in terms of subsection (1).
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6 Right of audience of law officers
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'''6 Right of audience of law officers'''
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(a) have the right of audience in any court;
 
(a) have the right of audience in any court;
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(b) have the right to issue out summons or process or commence, carry on or defend any proceedings in any court in the name of an aided person;
 
(b) have the right to issue out summons or process or commence, carry on or defend any proceedings in any court in the name of an aided person;
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(c) have the right to instruct or assist an aided person to issue out summons or process or to commence, carry on or defend any proceedings in any court:
 
(c) have the right to instruct or assist an aided person to issue out summons or process or to commence, carry on or defend any proceedings in any court:
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in the same manner and to the same extent as a registered legal practitioner, notwithstanding that the law officer is not so registered.
 
in the same manner and to the same extent as a registered legal practitioner, notwithstanding that the law officer is not so registered.
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(2)  This section shall not be construed as derogating from any other law relating to the right of audience of a person who is not registered as a legal practitioner.
 
(2)  This section shall not be construed as derogating from any other law relating to the right of audience of a person who is not registered as a legal practitioner.
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PART III
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PROVISION OF LEGAL AID
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== PART III ==
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7 Application for legal aid
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===PROVISION OF LEGAL AID===
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'''7 Application for legal aid'''
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(1)  Any person may apply to the Director in the prescribed form for legal aid in terms of this Act.
 
(1)  Any person may apply to the Director in the prescribed form for legal aid in terms of this Act.
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(i) the applicant is eligible in terms of section eight to receive legal aid; and
 
(i) the applicant is eligible in terms of section eight to receive legal aid; and
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(ii) the resources of the Directorate and the Legal Aid Fund will be sufficient to provide the legal aid required;
 
(ii) the resources of the Directorate and the Legal Aid Fund will be sufficient to provide the legal aid required;
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or
 
or
 
(b) if he is not satisfied that the applicant is eligible in terms of section eight to receive legal aid, reject his application;
 
(b) if he is not satisfied that the applicant is eligible in terms of section eight to receive legal aid, reject his application;
 
and shall notify the applicant forthwith of his decision.
 
and shall notify the applicant forthwith of his decision.
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(a) to furnish such additional information as the Director considers necessary for the purposes of verifying any matter alleged in the application or for ascertaining the applicant's means;
 
(a) to furnish such additional information as the Director considers necessary for the purposes of verifying any matter alleged in the application or for ascertaining the applicant's means;
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(b) to appear personally before the Director to answer any questions which the Director may put to him in connection with the application or in regard to the assessment of his means.
 
(b) to appear personally before the Director to answer any questions which the Director may put to him in connection with the application or in regard to the assessment of his means.
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(4)  The Director may at any time reconsider any decision made in terms of subsection (2) concerning the eligibility of any person to receive legal aid.
 
(4)  The Director may at any time reconsider any decision made in terms of subsection (2) concerning the eligibility of any person to receive legal aid.
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8 Eligibility for legal aid
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'''8 Eligibility for legal aid'''
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(a) he has insufficient means to obtain the services of a legal practitioner on his own account; and
 
(a) he has insufficient means to obtain the services of a legal practitioner on his own account; and

Revision as of 16:42, 15 April 2010

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