The Affidavit of Indigency is a crucial legal document in South African jurisprudence that enables individuals with limited financial means to access justice through the court system. This sworn statement is required when seeking legal aid services, fee exemptions, or court-appointed representation. The document must detail the declarant's complete financial situation, including income, assets, expenses, and dependents, providing evidence of their inability to afford legal costs. It forms part of South Africa's constitutional commitment to access to justice and is governed by various legislative frameworks including the Legal Aid South Africa Act and relevant court rules. The affidavit must be properly sworn before a Commissioner of Oaths and may be subject to verification by Legal Aid South Africa or court officials.
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1. Declaration and Personal Details: Opening statement identifying the deponent, including full name, ID number, and residential address
2. Employment Status: Current employment situation, including employer details if employed, or length and circumstances of unemployment
3. Income Declaration: Detailed breakdown of all sources of income, including salary, grants, pension, or other forms of income
4. Household Composition: Number of dependents and other household members, including their relationships to the deponent
5. Asset Declaration: List of all assets owned, including property, vehicles, investments, and other valuable items
6. Monthly Expenses: Comprehensive list of regular monthly expenses including rent/mortgage, utilities, food, transport, and other essential costs
7. Debts and Liabilities: Details of all current debts and financial obligations
8. Legal Matter Context: Brief description of the legal matter for which indigency status is being claimed
9. Oath/Affirmation: Formal declaration of truth and commissioner of oaths certification
1. Previous Legal Aid Applications: Include if the deponent has previously applied for or received legal aid
2. Medical Circumstances: Include if there are medical conditions affecting financial status or ability to work
3. Social Grants: Include if receiving any government social grants or assistance
4. Alternative Funding Attempts: Include if attempts have been made to secure legal funding from other sources
5. Temporary Circumstances: Include if the current financial situation is temporary or recently changed
1. Schedule A - Income Verification: Attached documents proving income status (payslips, bank statements, UIF documents)
2. Schedule B - Expense Verification: Copies of bills, receipts, and other proof of regular expenses
3. Schedule C - Asset Documentation: Supporting documents for declared assets or lack thereof
4. Schedule D - Dependent Verification: Birth certificates or other proof of dependents claimed
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