The need for recognition and regulation of paralegals: An analysis of the roles, training, remuneration and impact of community-based paralegals in South Africa

Abstract

This article seeks to critically analyse the role of community-based paralegals (CBPs), mainly within a South African context. Having defined CBPs, it focuses on the roles, functions and qualifications required of CBPs in South Africa. The current lack of statutory recognition and regulation of CBPs in the country and proposals for future recognition and regulation are considered. This article briefly refers to examples of paralegal work and regulation in other countries. Arguments for and against the statutory recognition and regulation of CBPs within the legal profession are discussed. The article warns against over-regulation of the paralegal profession, but nonetheless calls for legislative recognition and regulation to provide the impetus for further expansion and development of existing paralegal programmes. CBPs are found to play a pivotal role in improving access to justice, particularly within the poor and rural commun ities in which they operate.