Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Cape Town. Read further below about a “Bulldog Lawyer”) Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can Continue Reading
Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Bloemfontein. Read further below about a “Bulldog Lawyer”)
Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can arise when one or more parties feel that the terms of the contract have been violated. This can apply to an employment contract, lease agreement, marriage contract, or one where you lent someone money. Even buying groceries at your local grocery is a contractual transaction. You pay, and he provides you with the goods. The list is endless.
All is good until someone violates the terms of the contract. This is where you may want to use an attorney or advocate in Bloemfontein. Read further below about what is referred to as a “bulldog lawyer”. If the other side is playing hardball or has a bulldog lawyer, then having a tough lawyer who takes no-nonsense is something that you must consider. Please note that the law on contractual disputes would be the same whether you live in Bloemfontein or any other city in South Africa.
Let us get into the theory. Navigating the complexities of contract law disputes requires a clear understanding of the legal principles and practical strategies for resolution.
Critical Elements of Contract Law are as follows:
Formation of Contract:
Before delving into disputes, it’s essential to understand how contracts are formed. A valid contract typically requires an offer, acceptance, consideration, legal capacity, and legality of purpose. Disputes may arise if any of these elements are in question. If you are entering into a high value contact, it may be best to consult with an advocate or attorney beforehand.
Types of Contracts:
Contracts can take various forms, such as express, implied, unilateral, and bilateral. Understanding the nature of the contract is crucial in determining the rights and obligations of the parties involved.
Common Contract Disputes:
Breach of Contract:
The most prevalent type of contract dispute arises from a breach. This occurs when one party fails to fulfil its obligations outlined in the contract. It could involve non-payment, incomplete performance, or failure to deliver goods or services.
Misrepresentation:
If one party makes false statements that induce another to enter a contract, it may lead to a dispute. Misrepresentation can be innocent, negligent, or fraudulent, each carrying different legal consequences.
Duress and Undue Influence:
Contracts entered under duress or undue influence may be deemed voidable. If one party was coerced or pressured into an agreement, it could lead to a dispute over the contract’s validity.
What follows are resolution strategies when it comes to contract disputes.
Negotiation:
Often, disputes can be resolved through negotiation. Parties can discuss the issues, explore compromises, and reach a mutually acceptable resolution without legal action. You should use a tough lawyer to represent you if the other side is unreasonable.
Mediation:
Mediation involves a neutral third-party facilitating discussions between the parties to help them resolve. It is a voluntary and confidential process that can be less adversarial than litigation.
Arbitration:
Arbitration is a more formal process where an arbitrator or a panel makes a binding decision after hearing both sides. It provides a faster and more private resolution compared to traditional court proceedings.
Litigation:
If all else fails, parties may resort to litigation. This involves taking the dispute to court, presenting evidence, and having a judge decide. Litigation can be time-consuming and costly, but it provides a definitive resolution.
Conclusion:
Contract law disputes are an inherent risk in business transactions, but understanding the principles and available resolution strategies can mitigate potential damage. Whether through negotiation, mediation, arbitration, or litigation, the goal is to find a fair and just resolution that upholds the integrity of the contractual relationship. As businesses continue to engage in complex transactions, a comprehensive understanding of contract law and dispute resolution mechanisms is essential for navigating the legal landscape successfully. When meeting with an advocate or attorney to assist you in your contractual dispute, discuss the above issues or factors with him or her to find out if they know what they are talking about.
What is a bulldog lawyer?
A “bulldog lawyer” is a colloquial term used to describe a lawyer (attorney or advocate) known for their aggressive and tenacious approach to legal representation. The term draws an analogy between the lawyer’s characteristics and those of a bulldog, known for its solid and determined demeanour. Bulldog lawyers are often associated with being assertive, persistent, and unwavering in pursuing their client’s interests.
Key characteristics of a bulldog lawyer may include:
Aggressiveness: Bulldog lawyers are known for their assertive and forceful advocacy on behalf of their clients. They are unafraid to challenge opponents and vigorously pursue their client’s objectives.
Tenacity:
Bulldog lawyers are persistent and determined in their legal pursuits. They may be willing to go to great lengths to achieve their client’s goals and are known for not easily giving up in the face of challenges.
Fearlessness:
Bulldog lawyers are often unafraid to take on tough cases or confront powerful adversaries. They may be known for their willingness to face complex legal battles head-on.
Advocacy Skills: Bulldog lawyers possess strong advocacy skills, including effective communication, negotiation, and litigation abilities. They can passionately argue their client’s case in court or during negotiations.
Strategic Thinking:
While aggressive, bulldog lawyers are also strategic in their approach. They carefully plan their legal strategies and tactics to achieve the best possible outcome for their clients.
It’s important to note that “bulldog lawyer” can have positive and negative connotations. On the positive side, it highlights an attorney’s dedication and commitment to their clients. On the negative side, it may suggest an overly aggressive or abrasive style that may not be suitable for all legal matters or personalities.
Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Bloemfontein. Read further below about a “Bulldog Lawyer”) Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can arise Continue Reading
I am searching for the top divorce attorney or advocate in Cape Town, South Africa.
How do I find the best divorce lawyer in Cape Town?
There are a few ways to find the best divorce lawyer in Cape Town. One option is to ask for recommendations from friends or family members in Cape Town who have gone through a similar experience. Another option is to search online for divorce lawyers in Cape Town and read reviews from previous clients. You can also check with the law associations to find reputable lawyers in Cape Town. It’s essential to do your research and find a lawyer who has experience and expertise in divorce law to ensure that your case is handled correctly.How do I find the best lawyer for my divorce in Cape Town?
Finding the best lawyer for your divorce in Cape Town can be a complex and overwhelming process, but there are a few steps you can take to help ensure that you find the right one. Here are some tips: 1. Do your research: Start by researching divorce lawyers in your area or in Cape Town. You can do this by looking online, asking for recommendations from friends or family, or checking with your local bar association. 2. Read reviews: Once you have a list of potential lawyers, read reviews from previous clients to get a sense of the lawyer’s track record and reputation. 3. Schedule consultations: Schedule consultations with a few different lawyers in Cape Town to discuss your case and get a sense of their experience and approach. Many lawyers offer free initial consultations. 4. Ask questions: During the consultation, ask the lawyer questions about their experience, track record, and approach to divorce cases. Be sure to ask about their fees and how they bill for their services. 5. Trust your instincts: Ultimately, the best divorce lawyer for you in Cape Town is someone you feel comfortable working with and who you trust to handle your case effectively. Trust your instincts and choose a lawyer who you feel has your best interests at heart. By following these tips, you can find a divorce lawyer in Cape Town with the experience, skills, and expertise necessary to help you navigate the divorce process and achieve a favourable outcome.What makes a good divorce lawyer in Cape Town?
A good divorce lawyer in Cape Town should understand the law and legal procedures related to divorce cases. They should have experience handling cases similar to yours and be able to provide you with sound legal advice and guidance throughout the process. A good divorce lawyer should also be a good communicator and listener, as they will need to understand your unique situation and work with you to develop a strategy that meets your needs and goals. Additionally, a good divorce lawyer should be compassionate and empathetic, as divorce can be emotionally challenging for their clients. Finally, a good divorce lawyer should be able to work efficiently and effectively to ensure that your case is resolved as quickly and smoothly as possible.Is the most expensive divorce lawyer in Cape Town better?
Not necessarily. The most expensive divorce lawyer in Cape Town may not necessarily be the best one for your specific case. Considering factors such as experience, track record, and reputation is essential when choosing a lawyer rather than just their fees. While it’s true that experienced and highly skilled lawyers may charge higher fees, this is not always the case. Finding a divorce lawyer in Cape Town who has the skills and expertise necessary to handle your case effectively and who you feel comfortable working with is essential. It’s also a good idea to discuss fees and costs upfront with any potential lawyer so that you can make an informed decision about whether or not their services are within your budget.Is it better to contest a divorce in Cape Town?
It’s difficult to say whether it is better to contest a divorce, as every situation is different. Sometimes, contesting a divorce may be necessary if spouses have significant disagreements about child custody, property division, and spousal support. However, in many cases, it may be better to try to reach a settlement or agreement through negotiation or mediation to avoid the time, expense, and stress of a contested divorce. Contested divorces can be lengthy, expensive, and emotionally draining, mainly if the dispute involves children. It’s also important to remember that the court will decide in a contested divorce, which may not always align with what either spouse wants. In contrast, settling through negotiation or mediation can give both spouses more control over the outcome and may be less stressful and costly overall. Ultimately, the decision to contest a divorce should be made after careful consideration of the case’s specific circumstances and with the advice and guidance of an experienced divorce lawyer.What is the fastest way to get divorced in Cape Town?
The fastest way to get divorced in Cape Town is through an uncontested divorce, which involves both spouses agreeing to the divorce terms, including issues such as child custody, property division, and spousal support. If both spouses agree on these issues, they can file for an uncontested divorce, which can be resolved relatively quickly and without a trial. An uncontested divorce can be filed with the court once the spouses have been separated for at least one year. Once the divorce papers are filed, the court will review the agreement and issue a final divorce decree if everything is in order. The entire process can take as little as a few months, depending on the court’s schedule and the case’s complexity. It’s important to note that if there are disputes or disagreements between spouses regarding the divorce terms, the process may take longer and be more complicated. In these cases, hiring a divorce lawyer in Cape Town may be necessary to help resolve the issues and negotiate a settlement.How are children affected in a divorce matter?
Divorce can have a significant impact on children, both emotionally and psychologically. Children may feel confused, anxious, and uncertain about the future when their parents are going through a divorce. They may feel caught in their parent’s conflict, blame themselves for the divorce, or feel they have to choose sides. Children of divorce may also experience changes in their living arrangements, routines, and relationships with family members, which can be challenging to adjust to. Parents need to prioritise their children’s well-being during a divorce and minimise the divorce’s impact on their children. This can involve working together to create a parenting plan that considers the children’s needs and preferences and allows both parents to stay involved in their children’s lives. It can also involve seeking the help of a therapist or counsellor to support the children and help them cope with the changes that come with divorce.
I am searching for the top divorce attorney or advocate in Cape Town, South Africa. How do I find the best divorce lawyer in Cape Town? There are a few ways to find the best divorce lawyer in Cape Town. One option is to ask for recommendations from friends or Continue Reading
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Randburg.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Randburg
Whether you claim child maintenance in Randburg, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Randburg.
The maintenance scenario – Randburg South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
- The Child is seven years old and attends school in Randburg
- The child is cared for by the mother who works in Randburg
- The mother works and earns a Salary of R 10 000
- The father sees the child every second weekend. He also lives and works in Randburg
- The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
- The father earns a reasonable salary and can afford the R 20 000 – 00 per month
- The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Randburg, it would be the maintenance court in Randburg. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Randburg, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Randburg Maintenance Court?
Once you have been notified of the maintenance court date by the Randburg Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Randburg?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Randburg Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Randburg Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Randburg, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Randburg. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty Continue Reading
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Musina.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Musina
Whether you claim child maintenance in Musina, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Musina.
The maintenance scenario – Musina South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
- The Child is seven years old and attends school in Musina
- The child is cared for by the mother who works in Musina
- The mother works and earns a Salary of R 10 000
- The father sees the child every second weekend. He also lives and works in Musina
- The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
- The father earns a reasonable salary and can afford the R 20 000 – 00 per month
- The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Musina, it would be the maintenance court in Musina. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Musina, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Musina Maintenance Court?
Once you have been notified of the maintenance court date by the Musina Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Musina?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Musina Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Musina Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Musina, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Musina. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty Continue Reading
Child Custody battles. What are the frequently asked questions mothers and fathers pose when it comes to children disputes?
Our courts are inundated with child custody matters. Parents who were once in love and supportive of each other, now find themselves embroiled in a very sensitive and emotional legal battle. The question that is posed; who can best care for the minor child? Is it the mother or the father? Should things remain the same, or is a change warranted. As you would see below, when deciding on where a child should primarily reside, the court would need to determine what is best for the child. The court is hardly concerned with the wishes and preferences of the parents. Their interests are secondary. However, the court has to consider all factors. That includes the domestic situation of both parents and their ability to care for the child.I am worried about my child custody case. How can a father lose a child custody battle?
A father will lose a child custody battle if he cannot prove that it is in the child’s best interest that he has custody over the child concerned. It is important when either parent wants a change in the living arrangement for minor children, they need to focus on what is best for the kids, and not them.I am the biological father of a 10-year-old child. What percentage of fathers win child custody cases?
That would be impossible to say. However, there is an increase in fathers “winning” child custody cases. It must be stated that each custody case is different. Therefore, unless the facts favour a parent having custody over the other, the status quo would remain. Moreover, a father who does not have a case to start with will lose his case. The same would apply to a mother should the father have primary care over the child.Is it possible for a judge or magistrate to give 50/50 custody over a 15-year-old child?
Yes, it can happen if the parents agree to it. The other way is if the court finds it in the child’s best interests to do so. It all depends on the facts of the case. If parents live far from each other, then it won’t make sense. The same would apply if one parent works late in the evening and unable to care for the children during the day.Who is most likely to get custody of a child who is not attending school yet?
The parent who the child is more accustomed to, and can better care for the child would most likely get custody over a child who is not attending school yet. Here one has to look at physical, emotional and psychological care as well. Other aspects which may be applicable when the child is older is the ability to assist the child with school work and extramural activities. I am the biological father of a minor child. How do I prove I am a better parent in court?
You would need to prove that you can care for the child much better than the other parent can. This not only applies to physical needs but also emotional, psychological and educational needs etc. The past is a big determinant of the future. Therefore, if you have always been caring well for the child, then the courts would usually leave things the way they are unless the is a change in circumstances.I am a single mother fighting to keep my child. How does the court of law determine custody?
Custody is determined based on what is best for the child. The court looks at many factors relevant to your specific situation. These include the ability of the parent to care for the child both physically, emotionally and psychologically. If at the end of the day, the court sees that it would be best for you to have custody, it would order so.Can text messages be used in a child custody court?
Yes, it can be used if it proves something relevant in a case. For example, the mother saying that she was out whole night partying and left the child with a stranger. The SMS would however not be seen in isolation. The court would have to look at the mother and father’s ability to care for the child. If the father has no experience in caring for the child, then the court would most likely let the minor child remain in the mother’s care. 
I just gave birth to my second child. Can a mother lose custody for not having a job?
It is not a requirement to have a job to have custody over a child. If the other parent can contribute towards child maintenance, then that would be used to attend to the needs of the child. Therefore, the mother should apply for more child maintenance if she loses her job.How can a narcissist win a child custody case?
A narcissist can win a child custody case if he or she can prove that despite being a narcissist, he or she would better care for the child. Being a narcissist does not mean you cannot care for the child. It is also possible that both parents are narcissists. What do you do then? Therefore, the court would look at what is best for the child under the circumstances.I was never married to my child’s mother. We broke up years ago. When should a father fight for custody?
A parent should always do what he or she thinks is best for the child. If it means fighting for a child, then that is what he or she should do. Therefore, the father should fight for custody if he believes that he can best care for the minor child. If he does not believe he can, then he should leave the child in the mother’s primary care if that is best.I am unable to speak rationally to the mother of my child. Who gets physical custody?
It is unfortunate when parents fail to speak rationally to each other when it comes to their children. A child must be cared for by the parent who can best physically, emotionally and psychologically care for him or her. It is sometimes hard to determine which parent can best physically care for a minor child. If the matter goes to a court of law, then the parent who can best care for the child primarily would get physical custody of the child.I do not earn a lot of money. How can I win a child custody case without a lawyer?
Legal services can be very expensive. And some cases can take very long to be finalised. There is however no need to make use of a lawyer in a child custody case. It is however always advisable to make use of one if you can afford it. It is possible to win a child custody case either way if you can prove that you can better care for the child. I broke up with the father of my child soon after he was born. Can a good mom lose custody? My child is now 15 years old.
It is very rare for a good mom to lose a child custody case. If there is a custody battle, the father may have to prove that the 15-year-old child wants to live with him and that he can better care for the child despite the mom being good. In this case, the view of the child is taken into consideration. If the father cannot prove that he can better care for the child, then the child would remain with the mother.I pay child support and regularly try to see my child. Can a father be denied joint custody?
Paying child support and rights of contact are two separate issues. When it comes to issues of custody regarding children, the law looks at what is best for the child concerned. Therefore, yes, a father can be denied joint custody if it is not in the child’s best interests despite him paying child support. The court would also have to look at the mother’s situation if relevant when making an order that the father is denied access.Can one parent keep a child from the other parent without a court order?
Parents must always act in the child’s best interests. A parent who always had contact or access to a child should continue to do so unless it would be detrimental to the child. Therefore, no, he or she may not keep a child from the other parent unless he or she believes that the child would be in imminent harm or danger. However, we strongly advise that should a parent believe that it is in the child’s best interests not to have contact with the other parent, that he or she first consult with a child care expert, psychologist or social worker. This is important as the other parent may lay a complaint to the police or to the court. You can then say that your decision was based on expert advice. This is especially so if there is a court order in place.I hate my child’s father. How can I avoid joint custody?
A child should have both parents in his or her life. Therefore, joint custody, if it is in the child’s best interests must be upheld, despite hating the other parent. This should be the case despite the issues the parents have with each other. Having said that, to be successful, you would need to show the court that the child would best be cared for by having one primary caregiver. You would then have been successful in avoiding joint custody.I can only find a job as an escort. Can you lose custody for escorting?
Escorting, when done lawfully, could lead someone from losing custody if it would affect his or her ability to care for the child. Parents have many professions, and it would be wrong to say that parents with certain lawful occupations are not allowed to have custody because it involves lawful escorting. Therefore, unless one can prove that lawful escorting would affect the custodial parent’s ability of caring for the child; it would not affect the custody rights.I only see my child every second weekend. Do I have the right to know who my child is around?
Every parent needs to know where his or her child is, and with whom the child is with at any given time. We are living in dangerous times, and it would only serve the child well if both parents know where the child is and with whom the child is with. However, if a child is with a parent, and the parent visits a friend or goes out to lunch with that friend and the child is with, it may be unreasonable for the other parent to demand to know such information. As long as the parent knows that the child is with the other parent, that should be enough. He or she may check in on the child later during the day.How can a mother win custody of a child?
When it comes to child custody cases, the law looks at what is in the child’s best interest. If there is a custody battle or dispute, the parent who would be successful is the one who can show that the child’s best interest is met. Therefore, a mother can win custody if she can prove that she can better care for the child than the father. The opposite also applies. If the father can prove that the child would be best cared for by him, he would “win” the custody case.Can a stay at home mom get custody?
Any parent can get custody over a child. This applies to mothers and fathers whether or not they are stay at home parents, working or unemployed. He or she must prove that having custody would be in the child’s best interests. Therefore, a stay at home mom can get custody over a minor child. The same applies to the father We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
Child Custody battles. What are the frequently asked questions mothers and fathers pose when it comes to children disputes? Our courts are inundated with child custody matters. Parents who were once in love and supportive of each other, now find themselves embroiled in a very sensitive and emotional legal battle. Continue Reading
Relocation and repatriation of minor children during the South African National lockdown. Is it possible if there is no consent from the other parent?
Many parents before the lockdown had the intention to relocate to another country. It goes without saying that whatever plans they had to relocate at the start of the lockdown, was placed on hold. Having passed day 100 of the national lockdown, things have since changed. Domestic travel has been allowed under certain circumstances and many people have been repatriated to their home countries. International travel, other than that for repatriation is allowed under certain circumstances. We advise those parents who wish to leave South Africa to consult the relevant regulations and the laws applicable to the country you wish to travel when deciding to leave South Africa.The high unemployment rate in South Africa due to the National Lockdown
Then there is the issue of unemployment. The South African economy is not in good shape, and many businesses have closed due to the lockdown and COVID-19. Many people lost their jobs and various forms of income due to the pandemic. Not being able to work, means not being able to pay for accommodation, food, clothing and school fees, to mention a few. Those people who lost their jobs may wish to seek employment and other economic opportunities abroad. For such parents, relocation may be the best option for them and the child concerned. If repatriation is possible, this option may be better.Gaudian consent is required for the repatriation or relocation of minor children
But what about those parents who may relocate with their minor children, but does not have the consent of the other parent. What can that parent do under those circumstances? As the law stands, both parents who have parental responsibilities and rights of guardianship must consent for the removal of the minor child from South Africa. A mother naturally has guardianship rights over her child. Father’s, on the other hand, would have full guardianship rights over the child if he was married to the mother or if he materially formed part of the child’s life. If he was just part of the conception of the child, and never married the mother, then he would not have any guardianship rights.If no consent is obtained, then the Court should be approached
If a parent, wishes to relocate overseas, or repatriate with a minor child, and the other parent does not want to consent thereto, then the Court must be approached for the necessary consent. At the end of the day, the court would decide and look at what is in the child’s best interests. Considering the COVID-19 pandemic, this factor would now also be considered. The court would have to consider the state of the pandemic in South Africa, as well as the country to which the parent wishes to relocate, with a range of the usual factors.Legal Articles on the relocation of minor children
Have a look at the following articles on the issue of relocation of minor children. Passport Application of a Minor Child and Consent – Department of Home Affairs Consent for a minor child for relocation and passport application Frequently asked questions regarding relocation and consent when it comes to minor children I want to relocate with my minor child. what do I need to know with regard to the law? We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
Relocation and repatriation of minor children during the South African National lockdown. Is it possible if there is no consent from the other parent? Many parents before the lockdown had the intention to relocate to another country. It goes without saying that whatever plans they had to relocate at the Continue Reading
Is my landlord allowed to evict me and my family during the National Lockdown if we cannot pay our rent? What are my legal rights considering COVID-19?
We are today experiencing day 99 of the South Africa national lockdown. Many people are out of work, and unable to pay their rent, mortgage bonds and so on. COVID-19 came with it a lot of challenges and drastically affected everyone’s lives. During this period, Our Lawyer received many queries regarding the eviction of people from their homes during the national lockdown. As people cannot pay their rent or monthly mortgage bond repayments, eviction is on many people’s minds.Commercial Rent Defaulters during the National Lockdown
This article does not deal with the eviction from commercial property. For example, it would not apply to you if you are a business owner and cannot afford to pay your commercial rent. Here reference can be made to gyms, fitness centres, nightclubs, and those other businesses specifically prohibited from operating during the lockdown. As well as those businesses which are struggling to survive during the lockdown. In such a case, the current lockdown regulations won’t be of much use. You and your business would be left at the mercy of the court. Nonetheless, we are sure the courts would be sympathetic depending on your specific situation.The default of mortgage bond payment – Do the Regulations assist?
If you are unable to pay your bond, the bank must first take you to court and ultimately be able to declare your property executable. Once this is done, then the property would be sold at a public auction. If you decided not to leave after the sale, then the new owner would have to consider eviction proceedings. At that point would this article apply to you. Now moving on.Evictions at the start of the lockdown – What was the law then?
At the start of the lockdown, evictions where prohibited. However, now in alert level 3, things are the same, but not quite. Have a look at this article posted at the start of the lockdown, “Occupants and tenants may not be evicted from their homes during the National Lockdown. This is so even if you are in arrears with your rent or bond, or the lease has been terminated.”Latest eviction regulations in South Africa – Has things changed?
In terms of the current Disaster Management Act Regulations, eviction orders are to be stayed and suspended until the last day of the alert level 3 period. This only relates to your home or land. The court dealing with the eviction matter may order that the eviction not be stayed and suspended if it decides that it is not just and equitable to do so until the last day of the Alert Level 3 period. However, if the court determines it isn’t just and equitable to suspend the eviction order, it may order that the eviction takes place during level 3. The regulation reads as follows:- (1) Subject to subregulation (2), a person may not be evicted from his or her land or home during the period of Alert Level 3 period.
(2) A competent court may grant an order for the eviction of a person from his or her land or home in terms of the provisions of the Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997) and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act No, 19 of 1998): Provided that an order of eviction may be stayed and suspended until the last day Of the Alert Level 3 period, unless a court decides that it is not just and equitable to stay and suspend the order until the last day of the Alert Level 3 periodLet us summaries: What does this mean to the ordinary tenant when it comes to evictions during the lockdown?
In short, your landlord, or owner of the property may approach the court to have you evicted from your home. However, should the court determine that you are an unlawful occupier of the land or premises, it would grant an eviction order, but make an order that it remains suspended until the end of alert level 3 unless the court decides that it would be just and equitable to order otherwise. Nothing, however, prevents the Minister from extending the eviction prohibition in alert level two or one when the time arrives. We will, however, have to wait and see. Read on to learn more about how evictions work. Evictions from your home must be lawful For an eviction to be lawful, the person evicting you must obtain a court order. Without a court order, the sheriff of the Court cannot remove you from your home. You can, therefore, refuse to vacate your home. During the lockdown, the sheriff of the court cannot remove you, even if he or she comes with a court order. Constitutional provisions regarding evicting people from their homes Section 25 of our Constitution states the following: “25(1) No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.” Furthermore, section, section 26 (3) of our Constitution states: “No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.” Prevention of Illegal Eviction from Unlawful Occupation of Land Act of 19 of 1998 Therefore, for someone to be evicted, an application must be made to the court. The law applicable is the Prevention of Illegal Eviction from Unlawful Occupation of Land Act of 19 of 1998. It came into effect on 5 June 1998. In it, it lays down the procedure for the eviction of unlawful occupiers. In short, the owner or person in charge of the premises must follow the processes in the Prevention of Illegal Eviction from Unlawful Occupation of Land Act. It entails giving you notice to appear in court to say your say. The court would then decide whether or not you should be evicted after hearing both sides of the story. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
Is my landlord allowed to evict me and my family during the National Lockdown if we cannot pay our rent? What are my legal rights considering COVID-19? We are today experiencing day 99 of the South Africa national lockdown. Many people are out of work, and unable to pay their Continue Reading
Can technology be used to have me divorced online? I do not want to go to court or see my spouse again. Is an online divorce possible?
When a marriage breaks down, people naturally would want information on the topic of divorces and the legal process. For this, they usually go online to find answers. This information they seek could include, how divorces works, the process and how long it takes. Of course, if there are minor children involved, parents would want to know what the parental rights and responsibilities are as well. This relates to issues of care, contact, child maintenance etc. Then there is the issue of proprietary rights. In other words who gets what assets or money if there is a joint estate. This article, however, deals with the issue regarding whether or not a couple’s divorce can be done online? Two main aspects of a divorce process
Broadly speaking the divorce process can be divided into two processes. The first aspect relates to that of instituting the divorce proceedings and getting the matter to court. The second aspect relates to the actual divorce proceedings in court. As can be seen, further below, the divorce process is analogue. The only part of it that can be done online is getting the documentation in order, so that your lawyer may prepare the Summons, Particulars of Claim and so on. However, processing a divorce would entail physically issuing documents at court, serving the summons on the other spouse via the sheriff and attending to court on the date of the divorce. Once the documents have been issued and served, some legal processes thereafter can take place via email. However, physical copies of those documents still need to be filed at court. Therefore, a lot of walking still needs to take place.The online aspect of the divorce
If you are making use of the services of a legal practitioner to attend to your divorce, you can provide him or her with instructions online. These instructions relate to the names and details of the spouses, the matrimonial property regime, reasons for the breakdown, details of the minor children if any and the assets of the parties if applicable and so on. The legal practitioner (advocate or attorney) would then draft the necessary documentation. He or she would then have to physically issue it at court. Therefore, the only aspect of the divorce that can be done online as stated earlier is instructing your legal practitioner with the relevant information. [caption id="attachment_9218" align="alignleft" width="441"]
Online Divorce – South Africa[/caption]Things that must be done physically in a divorce process
Once you provided your legal practitioner with the relevant information either in person or online, the following needs to take place. Firstly, the legal practitioner after drafting the documentation would have to have them issued at court, obtain a case number, and then have it served on your spouse by the sheriff of the court. This would have to be done physically. It cannot be done online or via email unless the court authorises it via edictal citation or substituted service.Physically attending to court to give evidence
We will presume for this example that your spouse will not oppose the divorce. If that is the case then your legal practitioner would physically have to draft and serve a notice of set down on the relevant court. After your legal practitioner ensured that the court file is in order, then either you or your spouse would physically have to appear before the judge or magistrates to provide evidence as to the details of the marriage and the reasons for the breakdown. If the court is so satisfied, that the marriage has broken down irretrievably, and the minor children’s best interest are looked after, a decree of divorce would be granted.Is there such a thing as an online divorce in South Africa?
Considering the above, there is no such thing as an online divorce in South Africa. The only aspect that can be done online is providing your legal practitioner with the necessary details of your marriage, the children, property, and so on. Your legal practitioner would then use that information to prepare the necessary documentation. These documents would have to be issued at court and served on the other spouse. On the divorce day, one of the parties will still have to appear in court to give evidence. As can be seen above, the concept of an online divorce could be confusing. However, if you’re making use of illegal practitioners, who is tech-savvy, the only time you physically need to be available would be on the date of the divorce at court. All other times you can provide the legal practitioners with instructions telephonically, via email, video and so on.
Can technology be used to have me divorced online? I do not want to go to court or see my spouse again. Is an online divorce possible? When a marriage breaks down, people naturally would want information on the topic of divorces and the legal process. For this, they usually Continue Reading
Advocate of the High Court of South Africa – The Advocate’s Profession in South Africa
Let us ask advocate Muhammad Abduroaf a few questions
[caption id="attachment_8831" align="alignleft" width="243"]
Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria[/caption] South African law has recently changed when it comes to advocates. Now it is possible for advocates to obtain trust accounts which were impossible in the past. By doing so, they would be allowed to take instructions directly from the public. In other words, the client does not first need to see an attorney. Here the Legal Practice Act No. 28 of 2014 comes into play. More than a year has elapsed since the Act has been operating in full swing. Further below, we tapped into the experience of Advocate Muhammad Abduroaf, a practising advocate of the High Court of South Africa. He gives us some insight into the advocate profession. Although his office is located in Cape Town, he appeared and represented clients in other towns and provinces as well. What is the difference between an advocate and an attorney?
Both advocates and attorneys are lawyers or legal practitioners. In simple terms, the attorney is seen as a general practitioner, and an advocate is a specialist. This is however not always the case. Many attorneys now appear in the High Court, and as stated, advocates may obtain trust accounts. The development where an attorney can now appear in the High Court came into existence some years ago. Usually, on TV, you would see the advocate wearing the black robe and the attorney in the smart suit next to him or her. What type of work do advocates do?
Generally, advocates practice in the Higher Courts of South Africa. Here we refer to the High Courts, Supreme Court of Appeal, and the main one, the Constitutional Court. The Attorney would be the one who would do the groundwork, and if need be, instruct the advocate to attend to the more complicated aspects of the case. For example, the advocate would be drafting pleadings, or affidavits, and attending to arguing the matter before a judge and so on. Not to say the other aspects of litigation are not difficult; the latter items are however best suited for advocates to attend to. Do advocates give legal opinions on legal matters?
Advocates would furthermore also be asked to give their legal opinion on a legal matter. An attorney would usually meet with his or her client and discuss the problem at hand, and thereafter instruct an advocate to give his view on the matter. For example, if a client wants to know the prospects of success in a given legal case. The advocate would then spend time researching the law and finding answers to the legal issue at hand. Here again, this type of work would be best suited for an advocate. [caption id="attachment_8825" align="alignleft" width="159"]
Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria[/caption]Where are the High Courts in South Africa?
In South Africa, we have 14 (fourteen) divisions of the High Court. They are as follows Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria
There is also circuit court.
Do advocates appear in the Magistrate’s Court?
Furthermore, advocates also appear in the lower courts. For example, the Magistrates’ Court, Maintenance Court, Children’s Court and so on. Many times, complicated issues arise in matters that are adjudicated in the Magistrate’s Court. For example, big corporates fighting over an issue that is best suited for the Magistrate’s Court. In those cases, it would be prudent to instruct and advocate with the necessary experience and skills. [caption id="attachment_8830" align="alignleft" width="130"]
Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria[/caption]Do advocates do criminal work?
If there is a criminal matter pending in the High Court, usually an advocate would be briefed to attend to it. However, as stated, some attorneys have rights of appearance in the High Court. Advocates would usually attend to criminal matters in the Magistrates’ Court as well. This would either be District Court matters, or Regional Court matters. As you would have guessed, the High Court would deal with more serious offences. We would like to hear from Advocate Muhammad Abduroaf
We asked advocate Muhammad Abduroaf, a practising advocate of the High Court of South Africa some questions regarding the advocate’s profession. He has over a decade and a half of litigation experience. Legal Experience:
Our Lawyer: When were you admitted as an advocate of the High Court of South Africa? Advocate Abduroaf: I was admitted as an advocate of the High Court of South Africa in 2003. It feels like yesterday when the Judge President and Deputy Judge President of the Western Cape High Court admitted me. That time, it was still called the Cape of Good Hope Provincial Division of the High Court. [caption id="attachment_8828" align="alignleft" width="140"]
Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria[/caption]Our Lawyer: What are your academic qualifications
Advocate Abduroaf: I hold an LL.B and an LL.M (Master of Laws), both from the University of the Western Cape. However, to become an advocate, you only require an LL.B. Our Lawyer: What do you believe are the qualities required to become an advocate?
Advocate Abduroaf: I think hard work and dedication is the key recipe to be a good advocate. One thing for sure, you cannot be lazy. You will not make it out there if you are. Our Lawyer: Is it hard practising as an advocate?
Advocate Abduroaf? Initially, it was very challenging. As you gain more experience, it becomes easier. It’s like anything in life, the more you focus on perfecting it, the easier it gets. There are still times when I am faced with a challenging case. I then dig deep and do my best. Our Lawyer: How do you cope with being an advocate? Advocate Abduroaf. Firstly, I try to live a balanced life. Focusing on various aspects of life, and not only work. As an advocate, your most valued tool is your mind. If your mind is not sharp, you would be disadvantaged. I, therefore, try to keep fit and live a healthy balanced lifestyle. Our Lawyer: Are there cases you do not like to do?
Advocate Abduroaf: I love the law and enjoy practising it. However, there are times when you are faced with challenges. For example, the case that comes to you is in a mess, or your client has a week case, but still wishes to proceed. In such a case, things become challenging as you will most of the time be on the back-foot. [caption id="attachment_8827" align="alignleft" width="121"]
Advocate High Court – Gauteng JohannesburgEastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria
clients in other cities or provinces?[/caption] Advocate Abduroaf: If the need arises and the client is willing to pay for the additional costs, then I would be happy to attend to matters in courts outside of Cape Town. Depending on where the court is situated, I would either fly down the morning or fly the night before. Our Lawyer: Any last words for aspiring advocates out there?
Advocate Abduroaf: Work hard, focus, and keep your head down and don’t look around. The next thing you know, you will be the best out there. Eastern Cape High Court (Bhisho)
Free State High Court (Bloemfontein)
Western Cape High Court (Cape Town)
KwaZulu-Natal High Court (Durban)
Eastern Cape High Court (Grahamstown)
South Gauteng High Court (Johannesburg)
Northern Cape High Court (Kimberley)
KwaZulu-Natal High Court (Pietermaritzburg)
Eastern Cape High Court (Port Elizabeth)
North Gauteng High Court (Pretoria)
Limpopo High Court (Thohoyandou)
Eastern Cape High Court (Mthatha)
North West High Court, Mafikeng (Mmabatho) and
Polokwane Circuit Court of the North Gauteng High Court, Pretoria
Advocate of the High Court of South Africa – The Advocate’s Profession in South Africa Let us ask advocate Muhammad Abduroaf a few questions South African law has recently changed when it comes to advocates. Now it is possible for advocates to obtain trust accounts which were impossible in Continue Reading