Mmamoloko Kubayi commits to resolving Legal Aid labour impasse, funding crisis

Justice Minister Mmamoloko Kubayi has committed to resolving the labour dispute at Legal Aid South Africa, revealing that she has opened discussions with National Treasury to address a funding crisis that has left hundreds of positions vacant at the state-funded institution.

The minister said she was pursuing a sustainable funding model for Legal Aid SA, which faces cumulative budget reductions of R729-million over three financial years, while seeking a lasting resolution to employees’ grievances.

In a response to Sunday World on Tuesday afternoon, Kubayi’s office confirmed that the institution was operating with a R239-million budget reduction in the financial year under review, affecting its ability to fill vacant positions.

“The Minister is aware of the grievances raised in SALAWU’s memorandum and has initiated discussions with National Treasury to address the budgetary constraints and explore a sustainable funding model for Legal Aid South Africa,” the ministry said.

Legal Aid SA provides state-funded legal representation to people who cannot afford private lawyers, including accused persons facing criminal charges and vulnerable individuals seeking assistance in civil matters.

Funding cuts leave hundreds of positions vacant

The funding crisis has become central to a dispute between management and the South African Lawyers and Allied Workers Union (SALAWU), whose members embarked on a nationwide strike on October 19 and 20.

The union is demanding improved remuneration, the filling of vacant positions, reasonable workloads, outstanding performance incentives and an increase in the retirement age from 60 to 65.

Kubayi’s office acknowledged the financial pressure facing the institution, disclosing that only 2,449 of its 2,853 approved positions were filled.

“Only 2449 positions, equivalent to 85.8% of the establishment, are recruited due to budget cuts,” the ministry said.

This leaves 404 positions unfilled, placing additional pressure on existing employees.

The ministry acknowledged concerns about excessive workloads but said Legal Aid SA was monitoring the situation while maintaining services within its available resources.

“The issue of workload is a concern for the Entity as it erodes the Employee Value Proposition; however, the matter is currently being monitored closely.”

Parliament demands protection of access to justice

The minister’s intervention follows concerns raised by Parliament’s Portfolio Committee on Justice and Constitutional Development about the impact of budget constraints and industrial action on access to justice.

On October 7, the committee heard that Legal Aid SA had been forced to halt recruitment because of funding shortages.

Committee chairperson Xola Nqola subsequently called for urgent intervention after reports emerged of accused persons appearing in court without lawyers and criminal proceedings being postponed.

He urged the parties to engage meaningfully and develop a time-bound plan to address staffing shortages and excessive workloads.

SALAWU previously told Sunday World that approximately 45% of employees participated in the October strike, affecting courts in Limpopo, Mpumalanga, Gauteng and several other provinces.

However, Kubayi’s office maintained that the industrial action had a limited impact because most employees continued working.

“The strike had a limited impact, as the majority of employees chose not to participate,” the ministry said.

It explained that Legal Aid SA consulted judicial stakeholders before the strike and deployed available personnel to ensure priority matters continued.

“Priority matters and work that needed to proceed were allocated to available staff, while arrangements were made to postpone matters that could be deferred.”

Minister supports continued negotiations

Addressing SALAWU’s concerns about ministerial engagement, Kubayi’s office confirmed that a meeting scheduled for August 5 was cancelled because the minister fell ill.

“It was agreed that the meeting would be rescheduled,” the ministry said.

The department also confirmed receiving the union’s June memorandum and said its contents had been considered, particularly demands linked to financial constraints.

Kubayi’s office said the minister recognised SALAWU’s October 30 deadline and remained hopeful that the parties would reach a lasting resolution.

It added that Legal Aid management and the union were continuing engagements and negotiations.

The Legal Aid SA board has invited union representatives to a meeting scheduled for November 7.

Kubayi’s office said the minister supported allowing negotiations to proceed while exercising oversight through the institution’s corporate governance structures.

“The Minister understands that Legal Aid SA and the Union continue to have engagements and negotiations and believes the process should be given time to find an amicable resolution,” the ministry said.

The minister nevertheless reaffirmed the government’s obligation to protect access to justice.

“The right to Legal representation is enshrined in the Constitution, and Legal Aid South Africa is constitutionally obligated to deliver on this mandate and will continue to do so,” the ministry said.

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