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Legal and Labour Relations Solutions

Legal Solutions

 

In order to fulfill its mandate and realize its mission, MDI-SA legal uses four service delivery channels:

 

 Justice Centers

  • Cooperation agreements
  • Special litigation
  • Other cost effective and efficient ways of accessing justice.
  • Co-operate Governance

 

Access to justice is provided through Justice Centre. A Justice Centre works like a law firm, where MDI-SA legal applicants can go for legal assistance. Each Justice Centre has a principal attorney, who is the head of the Justice Centre, professional assistants, candidate attorneys, and paralegals. A Justice Centre offers legal assistance for defined criminal and civil matters. Services offered by Justice Centre’s include advice, referrals and litigation.

 

Cooperation Agreements

MDI-SA has cooperation agreements with various Law firms. Through the law firms, Candidates Attorneys in conjunction with MDI-SA, provide legal assistance to their communities.

 

Special Litigation

There are some special cases that, if taken to court and won, would have a major impact on the South African law. These types of cases often involve groups of people taking legal action together and therefore require special teams of legal representatives to assist them. The legal representatives may be from the Justice Centre’s or they may be private attorneys.

MDI-SA Legal considers such cases strictly on a case-by-case basis and once certain criteria are met, then Legal Aid South Africa makes funding available from a special fund. The fund, which creates the capacity for the bringing of impact litigation, is particularly important against the backdrop of the Constitution, which, for the first time, introduced class actions in to the South African with respect to constitutional violations of the bill of rights.

 

Other cost effective and efficient ways of accessing justice

Over and above the other three methods, MDI-SA Legal continues to explore other effective and efficient access to justice models. This is necessary as service delivery models of MDI-SA legal must be adapted and replaced over time in order to reflect changing contexts.

 

Labour Relations

Conflicts at work can take many forms. It might be another person with a grievance against you as an Employer, a problem between an employee and a manager or a conflict between co-workers.

 

 

WE may grant legal aid for:

  • Legal representation in Labour and Labour Appeal Courts
  • Assistance to farm workers in finalizing their rights under the Labour Relations Act 66 of 1995, as required under section 8(3) of the Extension of Security of Tenure Act 62 of 1997 (ESTA).
  • Assistance to our clients to enforce Commission for Conciliation, Mediation and Arbitration (CCMA) awards except where there is no prospect of recovery

Section 149(1)(b) of the Labour Relations Act allows the CCMA, in co-ordination with MDI-SA, to further provide for legal assistance and advice in non-litigious forms of dispute resolution. When arrangements are made to implement this provision, stakeholders will be advised by our Circular.

 

Further assistance

  • We provide legal representation for conciliation and arbitration proceedings at the CCMA or Bargaining Councils.

 

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