4.3.1.3.3 Justice Centers
The Board has set up Justice Centres which provide legal aid
service for legal aid clients. The centres approach is to provide legal aid to
the communities in rural and urban areas, such as legal advice, attendance to
cases and using negotiation, mediation or arbitration. 211 The
centers attend in both criminal and civil matters. 212 This is a
noteworthy national scheme that Rwanda can replicate whilst making the recently
established Justices Centers more accessible to the most needy Rwandan
community.
There are a number of noteworthy elements in the way South
African Justice Centers operate. In this connection, a wide range of services
is rendered: from referrals, consultation and advice to litigation. Most
importantly, the Board provides a broad range of legal services by qualified,
salaried attorneys. Rwanda would need to replicate a South African precept that
offers mandatory legal representation to poor people facing serious criminal
charges, although the same right is not extended to civil
litigants.213
208 Ibid. Rule 40(7). For more details see McQuoid-Mason,
supra note 183, 17-22.
209 See Hennie, supra note 5, 65.
210 Ibid.
211 Ibid. p. 60
212 Ibid.
213 Civil litigation encompasses many constitutional matters
including socio-economic rights-related cases.
4.4 Critical analysis of the Rwandan legal aid scIIP
I's P lIIls from a comparative perspective
Admittedly, the socio-economic variables that exist in Rwanda
are somewhat different from those obtaining in South Africa. Additionally,
Rwanda?s economic growth was seriously slowed by years of civil conflict which
had the effect of unhinging all efforts to develop the country?s justice
system. These factors will undoubtedly cause the Rwandan legal aid system to
assume characteristics that will manifestly differ from the more mature
frameworks we have alluded to.
4.4.1 Legal bureaus and lawyers in Rwanda
The South African Legal Aid Board was established to support
the pro deo procedure that was failing to cope with
demand.214 Innovative strategies that included the creation of
legal consultation offices? became necessary. As previously noted,
these measures are already being undertaken by the government of Rwanda in the
form of Access to Justice Centers established in various parts of the
country.215 However, corresponding steps to spread this system
throughout the country to support the work of the Rwandan Bar Association are
also necessary. Nonetheless, Rwanda lacks a national legal aid structure which
can be split out to cover all local courts.
This justice centre approach will provide legal aid applicants
with a one stop shop in urban and rural areas.216 Centre staff will
provide a service to the communities in terms of free legal advice, attendance
to cases, and, where appropriate, by using negotiation, mediation or
arbitration to avoid litigation. The emphasis will be on providing a full
service to the needy community. This system could strongly contribute to access
to justice in Rwanda by making lawyers accessible to the community.
214 See Hannie, supra note 5, 55.
215 See details supra point 3.4.
216 For more details see McQuoid-Mason, supra note
183.
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