Access to justice and the need for a holistic approach to the delivery of legal aid services in developing countries: Lessons from South Africa

2020 ◽  
Vol 11 (2) ◽  
pp. 309-337
Author(s):  
David McQuoid-Mason
2005 ◽  
Vol 49 (1) ◽  
pp. 54-72
Author(s):  
Hennie van As

Democracy and the adoption of a Bill of Rights for South Africa not only brought about political change, but it also created expectations of a better life for all. The Constitution guarantees equality before the law, access to a fair hearing and the right to legal representation in criminal matters, and the Legal Aid Board is one of the institutions tasked with giving effect to these pledges. In order to achieve its objectives and to fulfil its obligations, government embarked upon a process of transformation of existing structures and institutions and the creation of new ones. Although legal aid, and statutory provision therefore, are not new concepts in South Africa, constitutionalization resulted in the restructuring of the Legal Aid Board and changes in the method of delivery of its services. The focus is on rendering legal representation in criminal matters to the neglect of civil and non-legal problems that the poor often face, resulting in the impression that government is merely paying lip service to the promise of access to justice. This lends credence to the perception that the legal system exists in order to protect the interests of criminals. Being a developing country, it is comprehensible that priorities have to be set, but it is also true that optimum use should be made of existing structures and resources in order to deal with the needs for legal aid services as expressed by the recipients of those services. Involving students and local government are two methods that can be employed to address the multi-farious problems experienced by the less fortunate members of society.


2007 ◽  
Vol 3 (1) ◽  
pp. 3-15 ◽  
Author(s):  
Sibuiso Sifunda ◽  
Priscilla S. Reddy ◽  
Ronald B. Braithwaite ◽  
Torrence Stephens ◽  
Sibusisiwe Bhengu ◽  
...  

2016 ◽  
Author(s):  
◽  
Pamela E. Kelrick

[ACCESS RESTRICTED TO THE UNIVERSITY OF MISSOURI AT AUTHOR'S REQUEST.] Mancur Olson's theory of collective action has primarily been construed and applied to developed countries with formal economies and (generally) socio-political stability. Yet, he asserted that his theory of collective action would apply in developing countries, even those which are far less stable. This study examined Olson's assertion that collective action applies in developing countries, using South Africa as a case study. The empirical analyses included canonical correlation analysis and generalized additive models, using attribute, spatial, and temporal data to understand the spatial and temporal dynamics between wealth and governance in South Africa. Geographic clustering by race and economic class remains persistent despite democratic reforms and improved governance engagement. In addition, findings of the empirical analyses were used to evaluate Olson's theory of collective action and frame the policy implications. Collective action is consistent with findings, but, in the context of developing countries, ought to include more prominent considerations of path dependency, increasing returns, and historical institutionalism.


2018 ◽  
Vol 3 (2) ◽  
pp. 223-230
Author(s):  
Indrasen Vencatachellum

This article uses the recent concept of ‘creative economy’ to argue in favour of a dynamic and holistic approach to the promotion of the cultural heritage. This implies namely that the heritage is viewed in both its material and intangible forms and as a driver of sustainable development. After an overview of the diverse interpretations, at natioanl, regional and international levels, of the creative economy, the author illustrates how the cultural heritage can benefit from the growing importance given to unlilited, renewable resources for the development of individuals and communities, especially in the developing countries. The article contains, however, words of caution on the negative effects of the creative economy and submits that these can be overcomed by extending the sphere of the cultural heritage to all areas of developement.


2017 ◽  
Vol 14 (2) ◽  
Author(s):  
Jaime Wallis

This editorial looks at the need for prehospital care systems in developing countries


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