The Affidavit of Indigency Form is a crucial document in the South African legal system that ensures access to justice for economically disadvantaged individuals. This document is required when a person needs to prove their financial inability to pay court fees or afford legal representation. It is used in both civil and criminal proceedings and must comply with the Legal Aid South Africa Act 39 of 2014 and related regulations. The affidavit contains detailed financial information, including income, expenses, assets, and liabilities, and must be sworn before a Commissioner of Oaths. Once submitted, it enables courts and Legal Aid South Africa to assess whether the applicant qualifies for fee exemptions or state-funded legal representation. The document plays a vital role in upholding the constitutional right to access to justice and legal representation.
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1. Personal Information: Declarant's full name, ID number, address, and contact details
2. Court Information: Details of the court where the affidavit is being filed, including case number if applicable
3. Declaration of Truth: Standard declaration that the information provided is true and correct under penalty of perjury
4. Employment Status: Current employment situation, including employer details if employed, or length of unemployment
5. Income Declaration: Detailed breakdown of all sources of monthly income, including wages, grants, pension, etc.
6. Household Composition: Number of dependents and other household members, including their relationships to declarant
7. Monthly Expenses: Comprehensive list of regular monthly expenses including housing, utilities, food, transport, etc.
8. Assets Declaration: List of all owned assets including property, vehicles, investments, and bank accounts
9. Liabilities Declaration: List of all debts and financial obligations
10. Certification: Final sworn statement and signature section, including space for commissioner of oaths
1. Previous Legal Aid Applications: Details of any previous applications for legal aid or fee exemptions, used when applicant has prior history
2. Medical Circumstances: Information about medical conditions affecting ability to work or creating additional expenses, included when relevant to financial situation
3. Social Grants: Detailed section about government assistance received, used when applicant receives social grants
4. Spousal Income: Details of spouse's income and assets if married, included for married applicants
5. Extraordinary Circumstances: Explanation of any special circumstances affecting financial situation, used when standard sections don't capture full picture
1. Schedule A - Income Verification: Copies of pay slips, bank statements, or unemployment registration
2. Schedule B - Expense Verification: Copies of utility bills, rent receipts, loan statements, and other proof of expenses
3. Schedule C - Assets Documentation: Property deeds, vehicle registration, investment statements if applicable
4. Schedule D - Support Documentation: Birth certificates of dependents, marriage certificate, or other relevant family documentation
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