Legal Topics: Help us provide you with the website content you want

Our Lawyer (Pty) Ltd has over 3000, yes, three thousand legal questions, comments and answers on its website. The number increases every day. We try to answer all questions posted on the same or next day. On top of it all, it is totally free. These questions, comments, and answers deal with a range of legal topics. The problem is, they only deal with the topics and post we believe is relevant and therefore place it on our website. This we want to change. We also want your input on what legal content we create and post on this platform. Currently, Our Lawyer provides a platform for users on our site to post a question, and have it answered. Users may opt to answer questions already answered, or provide additional comments. The idea is to make this website as interactive and user-friendly as possible.

Tell us what you want

We, therefore, want to make our website more user-focused and provide our readers with relevant content that they find interesting and want to know more about. If the public wants to know about something legally, Our Lawyer wants to take time to educate them on it. Obviously, we can’t write on every legal topic suggested. However, we will decide what to write on based on the feedback we receive. Kindly complete the short questionnaire below and let us know what you want Our Lawyer to write about and how to better develop our website. Sharing this page would be hugely appreciated. [ninja_form id=72] You may also use our contact form or set up an appointment. For business services, visit Business SA.

Posted on 11 February 2025 by Telelaw

Legal Topics: Help us provide you with the website content you want

Currently, Our Lawyer provides a platform for users on our site to post a question, and have it answered. Users may opt to answer questions already answered, or provide additional comments. The idea is to make this website as interactive and user-friendly as possible.

Tell us what you want

Kindly complete the short questionnaire below and let us know what you want Our Lawyer to write about and how to better develop our website. Sharing this page would be hugely appreciated.

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You may also use our contact form or set up an appointment. For business services, visit Business SA.

The Thrilling Legal Landscape of Cape Town: Spotlight on Advocate Muhammad Abduroaf
Cape Town, a vibrant city known for its breathtaking landscapes and rich history, is also home to the prestigious Western Cape High Court—the highest court in the region. This esteemed institution is the stage for some of South Africa’s most intriguing and significant legal battles, attracting cases that can shape the very fabric of law and society. Whether it’s a groundbreaking trial or a gripping appeal, the atmosphere is electric, with many legal offices bustling with activity, particularly those belonging to skilled practitioners like Advocate Muhammad Abduroaf. Nestled just a stone’s throw away from the Western Cape High Court, Advocate Muhammad Abduroaf’s chambers are not just places of work; they are crucibles of justice where riveting legal strategies are crafted. With an impressive academic background that boasts both an LL.B (Bachelor of Laws) and an LL.M (Master of Laws), Advocate Abduroaf has spent over 20 years championing the rights of his clients. His journey began with a landmark case that sent shockwaves through the legal community: he successfully argued for the right to claim maintenance from paternal grandparents of children born out of wedlock—a right that had been denied for over 80 years! This remarkable victory, encapsulated in the case of Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others (2004), opened new doors for countless families seeking justice. But the saga doesn’t end there. Soon after the latter success, Advocate Abduroaf played a pivotal role in a monumental constitutional case that further shaped the legal landscape—one that confirmed the formidable powers of the Maintenance Court, including the ability to interdict pension funds. The case, Soller v Maintenance Magistrate, Wynberg and Others (2006), is a testament to his unwavering commitment to advancing the rights of the underrepresented. In the exhilarating world of law, where every decision can change lives, Advocate Muhammad Abduroaf stands as a beacon of hope and tenacity, navigating the complexities of the legal system and fighting for justice in the heart of Cape Town. The stories behind the cases are the lifeblood of this dynamic city, making every courtroom drama an adventure in itself!

Posted on 11 February 2025 by Telelaw

Best advice on finding a top divorce lawyer for your divorce case in Muizenberg, Cape Town
Do you live in Muizenberg, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Muizenberg or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for your divorce matter that can adequately and properly advise you or handle your divorce. The advice would apply whether you live in Muizenberg or anywhere else in South Africa. The issues we shall deal with are the following.
Gender of the Advocate or attorney;
Location of the Advocate or attorney;
Experience of the Advocate or attorney;
Costs of the Advocate or Attorney; and
The personality of the Advocate or Attorney.
What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?
Generally, the gender of your Advocate or Attorney should not play a role at all in a legal matter. However, depending on your background and the issues involved in your divorce, you may prefer a specific gender where you may feel more comfortable. A female who has been emotionally, physically and psychologically abused may be more comfortable with a female Attorney or Advocate. However, the same female client may prefer a male Advocate or Attorney. No more will be said on this issue.
What is the ideal office location of the Advocate or attorney? Does it have to be in Muizenberg?
The location or office of your attorney or Advocate is essential if you wish to consult with them in person. It is also ideal, but not necessary, for their offices to be close to the Court where the divorce would be handled. However, many lawyers make use of correspondent lawyers for this purpose. Furthermore, location should not be an issue if you want a specific lawyer to handle your case. This is so especially seeing that people are making use of virtual meetings.
What level of experience should the Advocate or attorney have?
It is important to remember that not all legal matters require the best lawyer. If your divorce is straightforward, finding the best lawyer in the field is unnecessary. The best may be very busy and lack the time to give your case the attention it deserves. However, if your matter is complicated, then in that case, the most experienced and best lawyer out there is not warranted.
What about the Costs of an Attorney or Advocate?
For many, the costs of the Attorney or Advocate are the most crucial consideration when it comes to enlisting their services. Usually, the more experienced the Attorney or Advocate, the more they would charge. Another aspect that affects costs is the nature of the expertise of the Advocate or Attorney. If the issues in your matter are highly technical and complicated, an Advocate or Attorney with expertise and experience may charge more.
What about the personality of the Advocate or Attorney?
Many may discard the Advocate or Attorney’s personality as not important. However, it is essential to note that it may be time to change lawyers if you do not get along well with the Advocate or Attorney because of their personality. A lawyer and their client would develop a professional relationship in family law matters. This is especially so when the lawyer must discuss many personal issues regarding you, your marriage, children, finance, spouse etc. If you cannot get along well with your Attorney or Advocate, you may not divulge important information relevant to your case.
What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?
Considering all the factors mentioned above, before enlisting the services of an Advocate or Attorney, ensure you enlist the right one. Do not look for the most experience or best, or the top one in family law. You may have to change lawyers if you do so and cannot afford legal bills. Therefore consider the above and any other factors that you may consider necessary when deciding on enlisting the services of an Advocate or an Attorney. Best of luck.

Posted on 11 February 2025 by Telelaw

Evictions in South Africa
by Adv. Muhammad Abduroaf Evicting someone in South Africa is strictly governed by South Africa’s laws and regulations. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) provides a legal framework for evictions, which should only be pursued under lawful circumstances such as non-payment of rent or violating lease agreements. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act is an act of the Parliament of South Africa which came into effect on 5 June 1998 and which sets out to prevent arbitrary evictions. It’s important to note that unlawful removal can result in legal consequences for the landlord.

The Eviction process in South Africa

Here is a general guide on how to approach the eviction process in South Africa: When considering eviction, it’s important to follow the legal process diligently and establish valid legal grounds. Common reasons include non-payment of rent, breach of lease terms, or the landlord’s need for the property for personal use. Before evicting your tenant, give written notice stating the reasons for eviction and the time frame within which the tenant should remedy the situation.

The Court Process of Evictions

If the tenant fails to comply with the notice, the landlord must apply to the local Magistrate’s Court or High Court for an eviction order. The court will consider the case based on the evidence provided and the merits of the situation. The landlord must prepare a Notice of Motion and Founding Affidavit outlining the reasons for eviction, any relevant evidence, and the steps taken to resolve the matter. It is best to make use of a Legal Practitioner (Advocate or Attorney) It’s important to ensure that the tenant receives copies of the court documents, including the Notice of Motion and Founding Affidavit, by legal requirements. This is typically done through a sheriff of the Court. Both parties will have the opportunity to present their cases at the court hearing. If you are the tenant and of the view that you are a lawful occupier, you should state so. The court will decide based on the evidence presented and the legal merits of the situation. If the court grants an eviction order, it will specify the date the tenant must vacate the premises.

After the Eviction Order is granted

Once the eviction is completed, the landlord can take possession of the property. The sheriff will execute the eviction order if the tenant does not comply voluntarily. Contact Advocate Muhammad Abduroaf if you require any assistance. [caption id="attachment_11554" align="alignnone" width="300"] Evictions in South Africa - Advocate Muhammad Abduroaf