Abstract
Community-Based Paralegals (CBPs) provide crucial legal and human rights advice to marginal communities in South Africa. Their services are considered especially vital to poor Black residents in rural, often remote areas. The work of the CBP sector is largely undocumented, and is chronically hindered by myriad structural, regulatory and financial barriers. In light of these reasons, this study seeks to understand and analyse the challenges facing CBPs and how they impact the ability of CBPs to provide access to justice to members of vulnerable communities in the peri-urban areas of Gauteng province. This qualitative study relied on documentary evidence complemented by data drawn from semi-structured interviews with paralegals from across Gauteng province, South Africa. Data was analysed through a theoretical lens comprised of Rawlsian thinking around access to justice and legal pluralism. According to the findings, CBPs are directly impacted by socioeconomic issues, and prejudices, and discrimination from the wider legal system that create budgetary constraints, and preclude the implementation of an adequate regulatory framework within which CBPs can function effectively. These conditions have created significant challenges for the CBP sector, including a lack of respectable status as legal professionals, gaps in education and training, lack of recognition by government departments, and mistrust between CBPs and their umbrella bodies. Based on these findings, this MA concludes that, while CBPs play an important role in the access to justice sector, the lack of power balance between paralegals, lawyers and attorneys continue to impede CBPs operation, and that the government must work more actively to build stronger relationships and support for CBPs.