Analysis Of The Pro Bono Service Providing Institutions In Uganda. A Case Study Of Uganda Law Society

KUSASIRA PATHEA 88 PAGES (21489 WORDS) Law Thesis

ABSTRACT

Legal aid is provided by Countries and persons that recognize the social obligation to

bridge the gap between the rich and the poor persons. Legal aid service provision is

usually distinguished as primary legal aid and involves legal representation, legal advice,

mediation and legal counseling. On the other hand, secondary legal aid involves human

rights training, legal awareness, law reform, legal research and advocacy.

In most developed Countries such as England and Wales, Australia, Canada, the United

States and India, it is the duty of the state to provide for legal aid services in the national

budgetary allocations for the justice sector. In certain

Instances, an independent body or commission is established with the mandate to

supervise and allocate funds for legal aid service provision. Developing Countries that have

made substantial progress in this area are South Africa, Ghana and Kenya.

The Legal Aid Providers Network {LASPNET) was established to link up all legal aid service

providers by providing a forum of networking ideas and promoting the legal aid sector

agenda. It is supervised by the Legal Aid sub-committee of the Law Council. The only legal

aid provided by the State is through the state brief system for only capital cases. In

addition there is no legal aid policy to hold government accountable for providing legal

services to indigent persons whose rights have been abused.

The only laws available are the Constitution of the Republic of Uganda 1995, Poor Persons

Defense Act Cap and the 1 'egu1 attons made there under, the Advocates (amendment) Act

Cap 267 and the Regulations made there under, the Trial on Indictment Act Cap 23, The

Magistrates' Court Act, Cap 16 that provide for pro-bono services.

Various methods of data collection were used. These included interviews, observations

questionnaires and documentary reviews. The recommendations will look at broadening

the legal aid service to government or state actors, increasing the capacity of the civil

society organizations to cope, among others.