Community Advice Offices

CAOs currently operate without any formal regulation. There are no prescribed minimum standards or regulatory authority to ensure compliance. Nadcao has however, facilitated the organisation of CAOs into 9 provincial associations as a precursor to the establishment of a national community advice office association which will in future regulate the affairs of the CAOs in South Africa.

In the interim, CAOs are expected to operate as non-profit organisations with an elected management committee to oversee the governance and financial accountability of the organisation in line with the requirements of the NPO Act.

Community-based Paralegals

Prior to its closure, the National Community-based Paralegal Association (NCBPA) and its subsidiary, the National Paralegal Institute (NPI) had succeeded in obtaining inclusion for community-based paralegals in the provisions of the draft Legal Practice Bill (2002) and the Legal Services Charter (2007). The NPI had also managed to register 2 National qualifications with SAQA, namely a 1-year National Paralegal Certificate and a 3-year Diploma in Paralegal Studies.

Current Status

On 5 May 2010, the Minister of Justice and Constitutional Development announced that the Legal Practice Bill would be submitted to cabinet during the course of the year.

The DOJ&CD has opted to exclude paralegals (including commercial, state, academic and community-based paralegals) from the legislation. Instead, the DOJ&CD has committed itself to the establishment of a separate regulatory framework for paralegals, in particular the work of community-based paralegals in community advice offices.

Nadcao has been requested to engage with the DOJ&CD together with other stakeholders to develop an appropriate regulatory framework for paralegals, in particular, community-based paralegals. Nadcao will also ensure that CAOs get the chance to comment on the revised Bill when it is published in 2011.

It is Nadcao’s view that any discussions about the recognition of paralegals within the wider justice system must include the issue of the long-term sustainability of CAOs.