What are twenty (20) common legal questions and answers in South Africa?

1. What should I do if I’m involved in a car accident?

   • Answer: Ensure everyone is safe, call the police, exchange information with the other party, and document the scene.

2. How do I create a legally binding contract?

   • Answer: Include offer, acceptance, consideration, legality, capacity, and intention to create legal relations.

3. What is the process for filing for divorce?

   • Answer: It generally involves filing a Summons, serving the other party, and going through court proceedings.

4. How can I protect my intellectual property?

   • Answer: Register trademarks, patents, or copyrights depending on the type of intellectual property.

5. What is the difference between a will and a living will?

   • Answer: A will outlines distribution of assets after death; a living will expresses medical treatment preferences.

6. How can I start a small business legally?

   • Answer: Register your business, obtain necessary licenses, and comply with tax regulations.

7. What are my rights if I’m arrested?

   • Answer: You have the right to remain silent, the right to an attorney, and the right to a fair trial.
8. How does insolvency work?
   • Answer: It generally involves the filing of a Court Application, attending a meeting of creditors, and the discharge of debts.

9. Can I be fired without cause?

   • Answer: No

10. What is the process for adopting a child?

    • Answer: It involves an application to the Children’s Court, where an adoption social worker gets involved. The process is outlined in the Children’s Act.

11. What rights do tenants have?

    • Answer: Rights include the right to a habitable dwelling, privacy, and protection from unlawful eviction.

12. How do I deal with workplace discrimination?

    • Answer: Document incidents, report to HR, and consult an employment lawyer if necessary.

13. What steps should I take after being injured in a slip and fall accident?

    • Answer: Seek medical attention, document the scene, and consult with an attorney or advocate.

14. Can I represent myself in court?

    • Answer: Yes, but it’s often advisable to seek legal representation for complex matters.

15. What is the process for obtaining a patent?

    • Answer: File a patent application with the relevant patent office.
16. What age is a child an adult?
    • Answer: 18
17. Where do I get divorced?
    • Answer: You start the process by issuing a Summons out of the Court.

18. How can I dispute a traffic ticket?

    • Answer: Follow the procedures outlined on the ticket, gather evidence, and consider consulting with an attorney or advocate.

19. What rights do I have when stopped by the police?

    • Answer: You have the right to remain silent, the right to refuse searches, and the right to an attorney.

20. How do I start the process of creating a will?

    • Answer: Consult with an attorney, list your assets, and specify your wishes for distribution. You can also do it on your own if you know what you are doing.

I require reasonable contact with my minor child. I want to approach the High Court. Please provide an example of an Application.

1. Consult with an Attorney or Advocate:

   • Before taking any legal action, it’s advisable to consult with a family law attorney or Advocate. They can provide guidance on the specific laws and help you understand your rights and options.

2. Mediation or Alternative Dispute Resolution:

   • In some jurisdictions, before going to court, parties may be required to attempt mediation or alternative dispute resolution methods to reach an agreement outside of court. This can be a less adversarial and more cooperative approach.

3. File an Application:

   • If informal negotiations or mediation do not lead to an agreement, you may need to file a formal application with the High Court. This document will outline your request for access or visitation rights.

4. Serve Legal Documents:

   • After filing the Application, you will need to ensure that the other parent is served with legal documents notifying them of the court proceedings. This is typically done by a Sheriff of the High Court.

5. Attend Court Hearings:

   • There will likely be court hearings where both parties present their cases. It’s crucial to attend these hearings and be prepared to provide evidence supporting your request for access to your child.

6. Court Order:

   • If the court determines that it is in the best interests of the child for you to have access, they may issue a court order outlining the terms of visitation or access rights.

7. Follow Court Orders:

   • Once a court order is in place, it’s important to comply with its terms. Failure to adhere to court orders can have legal consequences.

8. The Children’s Court

   • Please note that you may also approach the Children’s Court for assistance. Their process is different from that of the High Court.

Need help?

Below is an example of a High Court Application.