Nalule’s husband died one year ago. Her late husband’s brothers came in immediately after the burial and took over all the property in the house. They even chased Nalule out of the house. Nalule was stuck in Kotido begging and looking for transport and food to return to Buikwe when she met Nafuka who advised to go to court and seek for justice.
Nalule’s problem is that she could not even afford food or transport to Buikwe, so then how would she afford to take her husband’s relatives to court?
WHAT DOES THE LAW SAY?.
Justice must be available to everyone regardless of the wealth they have. This means that everyone is equal before the law, and they should not be denied justice just because they are ‘poor’.
In Uganda, the law allows people who cannot afford to hire a lawyer or pay the court fees associated with their case to bring their case before court. If you are unable to afford to hire a lawyer or even pay for court fees, in the law you are referred to as a "pauper". If such a person wants to bring a case to court, then this case is called a “pauper suit’. This is a way that ensures justice is given to everyone not just the ‘rich’.
However, you do not just go to the court and say that you are too poor to afford a case. Instead, you first must apply to court, explaining your financial situation and why you are not able to pay the required fees. Once the court assesses your financial records and applications, then you may be granted pauper status. This means that you can go on with your case without paying for court fees.
WHO PAYS THE LAWYERS IF THE COURT AGREES THAT YOU ARE TOO POOR TO PAY COURT FEES?.
We earlier on told you about Nalule who was too ‘poor’ to afford court, yet her relatives took her property. We told you about pauper suits (court cases for those who are too poor to afford to bring cases to court).
Today we want to talk about if you also get a free lawyer when you are too poor to afford to hire one.
WHAT DOES THE LAW SAY?
By law, you are free to bring a lawyer to most courts or to even choose to represent yourself. However, if you have committed a crime and that crime’s punishment is death, then the state (government) is supposed to give you a lawyer to represent you free of charge if you cannot afford one or if you do not have any.
So, even if you are too poor to afford a lawyer, but your case is not a “serious”crime (whose punishment is death), you are not entitled to free legal representation.. This means that you must get your own lawyer if you need one at your own cost.
Source: BarefootLawyers
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