Legal Aid Scheme Act 1997 (Act 542)

This report provides an overview and analysis of various factors influencing access to justice in Zimbabwe. In particular, it emphasizes the role of legal information, legal education and the legal profession, as well as legal aid in relation to an individual`s ability to seek and seek protection and redress within the legal system. It also takes into account political, institutional and socio-cultural concerns about access to justice. Given the positive developments and persistent shortcomings of the current system revealed by the findings, each section and the report as a whole conclude with recommendations to improve access to justice in Zimbabwe. Ghana`s ambition is to ensure that constitutional democracy, the rule of law and access to justice are extended to the poor and vulnerable who would otherwise be excluded from the formal justice system. The National Legal Aid System has been established in Ghana to provide assistance to all those who wish to defend or apply the Constitution under Article 294 of the Ghanaian Republican Constitution of 1992. This article examines the current problems faced by Ghana`s national legal aid system in its operations. Ghana`s National Legal Aid Programme in Ghana began in the 1940s as a court-initiated practice limited to providing legal assistance to persons accused of murder. The system was created constitutionally in 1987 to help all destitute citizens, as the legal system was terribly funded by the government.

The first law to introduce a formal legal aid scheme in Ghana was the Legal Aid Act of 1987. This Act was subsequently repealed and reinstated as the Legal Aid Scheme Act 1997 (Act 542) to provide legal assistance to the poor, needy and others in the pursuit and defence of their rights under the Ghanaian Republican Constitution of 1992. Currently, the national legal aid system in Ghana is governed by the Legal Aid Act 1997 (Act 542), which applies in the sixteen (16) regions of Ghana. It has 16 offices in all regional capitals and a few district offices. The legal aid scheme was originally run as a service under the general supervision of the Minister of Justice and the Attorney General. It is now an independent commission. Under the Legal Aid Scheme Act, 1997 (Act 542), it is mandated to ensure access to justice for the poor and vulnerable in all civil and criminal matters. This is done by providing legal assistance to the poor and needy in the form of counselling, ADR interventions and, if necessary, representation of clients in court. The programme is present in all regions of Ghana.

Lawyers working under the program deal with, among other things, estate administration, estate matters, landlord-tenant disputes, labour and employment matters, family law issues such as paternity, custody and marital disputes, compensation issues for crimes such as injuries, etc. The consultation is free in all cases. Exceptions to remuneration for other services apply if a person is prosecuted for murder and manslaughter and if a person takes legal action to preserve or protect the Constitution. Applicants for legal aid must prove that they would otherwise not be able to afford a lawyer. Persons under 18 years of age (children) are exempt from paying the tax, even if they are not considered indigent. The legal aid scheme is subject to a special exemption from court fees, so that eligible persons who use the services of the scheme do not have to bear these costs.