Nicola Mawson|Published
Parliament has demanded urgent intervention in the Legal Aid South Africa (Legal Aid SA) strike amid reports that accused people are allegedly appearing in court without legal representation and criminal proceedings are being postponed.
The warning comes just a week after Legal Aid SA announced that it had activated contingency measures to minimise disruption and maintain access to legal services during the industrial action, which resumed on Monday.
Xola Nqola, chairperson of Parliament’s Portfolio Committee on Justice and Constitutional Development, on Wednesday called on Legal Aid SA management, striking employees, the Justice Minister and the Department of Justice and Constitutional Development to urgently resolve the dispute.
“The grievances raised by employees regarding frozen vacancies, remuneration and excessive workloads require a substantive response. At the same time, the disruption of legal services threatens the constitutional rights of people who depend on Legal Aid SA,” Nqola says.
“All parties must recognise the seriousness of this situation and act decisively.”
Dragging on
The intervention follows months of unresolved negotiations between Legal Aid SA and the South African Lawyers and Allied Workers Union (SALAWU). Parliament indicated in July that it would move to bring the parties together, but then went into recess, and SALAWU says its demands have remained unaddressed since then.
In June, IOL reported on the pressures facing Legal Aid SA employees, including staffing shortages, excessive caseloads and longstanding disagreements over remuneration and retirement conditions.
The union suspended its June industrial action but resumed the strike on 19 October, accusing the institution’s board and the Justice Ministry of failing to address its demands.
In a memorandum received by Legal Aid SA on Monday, SALAWU again demanded that vacant positions be filled, salaries be reviewed and the retirement age be restored from 60 to 65.
It also called for the resignation of the board or its chairperson, while distinguishing its criticism of the board from its support for the institution’s executive management.
Contingency measures
On 14 October, Legal Aid SA announced that it had activated business continuity measures to minimise service disruptions and maintain legal assistance and representation “as far as possible and within its means”.
The institution acknowledged significant budgetary pressures, saying employee compensation accounted for a substantial portion of required expenditure reductions and constrained its ability to implement employee-related initiatives.
It also maintained that it remained committed to meaningful engagement with SALAWU and was working with its executive authority and National Treasury on funding requirements.
However, Nqola’s latest statement raises questions about how effectively those contingency arrangements are protecting people who depend on state-funded legal representation.
He has called for an assessment of the strike’s impact on court proceedings and lawful measures to minimise prejudice to accused people whose access to legal assistance has been disrupted.
Earlier this month, the committee engaged Legal Aid SA over its 2025/26 annual report, during which the institution’s financial constraints and staffing pressures were highlighted.
Nqola acknowledges that the committee was already aware of these challenges and had indicated its support for the institution.
Show the plan
He now wants management to present a time-bound plan addressing outstanding grievances, including staffing shortages and unsustainable workloads.
The Justice Minister and department must also facilitate a resolution, address matters within their mandates and engage relevant decision-makers on funding and staffing constraints, he says.
“The parties must agree on concrete steps, clear deadlines and a process for monitoring progress. Court rolls are already heavily burdened. The public deserves to know what is being done to resolve this dispute and restore effective service delivery.”
Nqola says the committee will continue scrutinising Legal Aid SA’s finances, staffing and ability to fulfil its constitutional mandate. He confirms that the committee has already resolved to conduct a physical oversight visit to the institution by next month.
IOL Business