Law Books Legal Services and Advice Cape Town South Africa
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[/caption]
Passport Applications for minor children: What you need to know – Department of Home Affairs – Questions and Answers
Should you require any advice on an application for a passport of a minor, where the co-parent refuses to consent or co-operate; feel free to set up a consultation with us. You may call 0211110090 or click here to do it online.
Leaving South Africa, and visiting another country is something many people do on a daily basis. The reason, therefore, could either be for a holiday, business, a death in the family, and so on. Or it might be to relocate to another country to start a new life, either alone, or with your spouse or children. Whatever the reason is, you require a passport when leaving South Africa. For an adult, all you need to do is visit your nearest Department of Home Affairs Offices, with proof of identity, and the prescribed fees, and take your picture, fingerprints, etc. However, if you are a minor child, under the age of 18, it is not that simple. You would need to go with both your parents, and they need to provide their consent.Parental Consent and Co-operation for a Passport Application of a Minor child
According to Section 18 (3) of the Children’s Act, both parent’s consent is required for a minor’s application for a passport. This is why we refer to consent and co-operation. Co-operation in the sense of going with to the Department of Home Affairs and giving the consent. Now, this can cause a problem should a parent not agree to the application for a passport. Therefore, one of two things could happen in practice should there be children involved. Either the parent would have to go overseas without the children, or not at all. Before we deal with such a scenario in detail, a bit later, let’s look at the law in a bit more detail.A child’s Constitutional right to a Passport
Our Constitution, Act 108 of 1996 is the supreme law of the Country. All laws and practices should be in line with it. Therefore, it’s always a good idea to find out what it says. Section 21(4) of our Constitution states the following: “Every citizen has the right to a passport.” This is a fundamental right. The question would then be asked, if that is a fundamental right, why would you still require both parents’ consent as stated in the Children’s Act? A possible reason for the writers of the Children’s Act to state that you require both parents’ consent is to ensure that there is no undue removal of children from the Country. Both parents should, therefore, consent to the passport, which is a key to leaving South Africa.What if a parent refuses to consent and cooperate for the application of a passport for a minor child?
Notwithstanding what section 18(3) of the Children’s Act states, section 18(5) of the same Act says that a Court can order otherwise. What this means is that if a parent does not want to consent for the Application of a passport, then the Court can Order that his or her consent is not required or dispensed with. For this, you would have to file an Application at the High Court and ask for such an Order. The powers the High Court would exercise is that of the upper guardian of all minor children within its jurisdiction. So, there it is, if consent is refused, you can approach a lawyer, who would make the necessary Application to the appropriate Court. Such an application can be expensive, especially if it is opposed. Therefore, it is best that it is avoided, by resolving issues with the other parent beforehand. But if the other parent is unreasonable, approach the Court.What does the Department of Home Affairs say?
The following are extracts from the Department of Home Affairs’ Website: “You must also note that:- All documents required for passport applications should be completed in black ink
- Husband, wife and children must all complete separate application forms. Both parents and the children concerned must be present when applying for passports for children. See exceptions under Tourist Passports: persons under 16
- Passports are issued in accordance with your names as they appear in the National Population Register (NPR) at the time of your application. Any changes to your names must be applied for, finalised and recorded in the NPR before you submit your passport application”
…“Applying for Tourist Passports: Persons under 16 years
These passports are issued to SA citizens who are 15 years or younger. The passports are valid for 5 years and are not renewable. Once the validity period of a passport expires you will have to submit a new application for a passport. To apply for the passport you must submit the following documents:- A duly completed passport application Form DHA-73
- If the parents are married, the passport application form must be signed by both parents and the child and both parents should be in attendance when the application is submitted.
- Please note that the child and both parents should be in attendance when the application is submitted to the nearest Home Affairs office or SA Mission/Consulate. If a parent cannot be in attendance, a letter of consent and copy of ID will no longer be accepted.
- If divorced and sole parental rights and responsibilities in regard to guardianship have not been granted to one parent, the child and both parents should be in attendance when the application is submitted and both must sign the application form.
- If a parent is deceased, his or her death certificate and a copy thereof must accompany the application for the passport
- In the case of minors born out of wedlock, the biological father ’s consent will also be required if any of the circumstances as outlined in section 21 of the Children’s Act, 1995, are applicable, the child and both parents should be in attendance when the application is submitted.
- If the applicant is in the care of a guardian other than the parents, proof of the High Court’s appointment must accompany the application.
- If a parent cannot be located or refuses to consent, or a dispute concerning consent arises, the matter should be referred to the Children’s Court. The Court’s decision must be submitted with the application for the passport.
- The child’s South African birth certificate and a copy thereof
- Two colour passport photographs that comply with the Passport and ID Photograph Specifications (NOT needed at smartcard offices as ID images are captured digitally)
- Payment of the prescribed passport fee”
In summary, on minor children application for a passport
Before moving onto question and answers on passport applications for minor children below. this article can be summarised as follows:- Every child has a right to a Passport;
- Both parents must visit the Department of Home Affairs when applying for the minor child’s passport. The process is outlined above; and
- If a parent refuses and does not want to co-operate for the passport application, then the High Court may be approached to dispense with that requirement.
Popular relocation countries for South Africans
If you wish to emigrate from South Africa, there are many places in this world to consider. Some would be more ideal than others. But it all depends on the reason for the relocation. Here is a list of the top countries South Africans and emigrating to:United Kingdom (UK)
Australia
United States of America (USA)
New Zealand
Canada
Angola
Botswana
Chile
Zimbabwe
Germany
Netherlands
Swaziland
Israel
Portugal
Mozambique
Ireland
Malawi
Switzerland
Namibia
Greece
What follows are questions and answers regarding Applications for Passports for Adults and Children
If you still have questions after reading the article above, and the questions and answers below, feel free to leave a comment hereunder.Can I get my child a passport without the father’s permission?
If the father is a guardian of the child, his consent is required. That is according to the Children’s Act.Do you need both parents to get a passport for a child?
Yes. As the law currently stands, you need both parent’s consent.Can a child get a passport with one parent?
No, you need both parents present when applying for a passport for a minor child.What documents are needed to renew South African passports?
Visit the Department of Home Affairs Website. Here is the link.Do both parents need to be present for a child to get a passport?
Yes, they do. Unless only one parent is a guardian.What documents required for minor’s passport?
Visit the Department of Home Affairs Website. Here is the link.Do both parents need to be present to get a passport for a child?
Yes, they do. That is the law.Do you need both parents to get a passport for a 17-year-old?
As you are still a minor at the age of 17, you require both your parents to consent to your passport application. Bot parents should also be at the Department of Home Affairs when making the Application.Can the noncustodial parent get a passport for the child?
Yes, if the parent is a guardian as well. If there is another parent too, both parents must give consent at the Department of Home Affairs.How do you get full custody of your child?
You would have to approach the Court for such an Order. The Court would have to determine whether it is in the child’s best interests. We advise you speak to a lawyer.Do you need both parents to get a passport for a 16-year-old?
As you are still a minor at the age of 16, you require both your parents to consent to your passport application. Both parents should also be at the Department of Home Affairs when making the Application.What is the validity of a minor’s passport?
Visit the Department of Home Affairs Website. Here is the link.Can I apply for a passport without a birth certificate?
Visit the Department of Home Affairs Website. Here is the link.How do you apply for a passport online?
Visit the Department of Home Affairs Website. Here is the link.Can a passport application be printed in black and white?
Visit the Department of Home Affairs Website. Here is the link.Can you travel with a passport that expires in 2 months?
Visit the Department of Home Affairs Website. Here is the link.Which documents are required for a passport after marriage?
Visit the Department of Home Affairs Website. Here is the link.What kind of pen do you use to sign a passport?
Visit the Department of Home Affairs Website. Here is the link.How fast can you get a passport?
Visit the Department of Home Affairs Website. Here is the link.How old do you have to be to get a passport without parents?
You need to be 18 years old. If you are younger, you require both your parents’ consent.Can a child leave the country without a parent?
Yes, you can, but you require their consent.Can I get my child a passport without the father’s permission?
No, you cannot. Unless he is not a guardian.Do you need both parents to get a passport for a child?
Yes, you do.Do both parents need to be present for a child to get a passport?
Yes, both parents have to be present.Do both parents have to sign for a passport for a child?
Yes, both parents have to be presented. This is the legal requirement.Can a single parent get a passport for their child?
Only in the case if the parent is the sole guardian. If not both parents must apply and consent.Do both parents need to be present to get a passport for a child?
Yes, they both do.Can a divorced parent get a passport for a child?
Yes, the parent can. However, if the other parent is also a guardian, his or her consent is also required.How much is a passport for a kid?
Visit the Department of Home Affairs Website. Here is the link.Is it illegal to have two passports from different countries?
Dual Citizenship is not illegal.Do dual citizens have two passports?
Yes, they do.Can I get my child a passport without the father’s permission?
If the father is a co-guardian, then his consent is required.
Leaving South Africa, and visiting another country is something many people do on a daily basis. The reason, therefore, could either be for a holiday, business, a death in the family, and so on. Or it might be to relocate to another country to start a new life, either alone, or with your spouse or children. Whatever the reason is, you require a passport when leaving South Africa. For an adult, all you need to do is visit your nearest Department of Home Affairs Offices, with proof of identity, and the prescribed fees, and take your picture, fingerprints, etc. However, if you are a minor child, under the age of 18, it is not that simple. You would need to go with both your parents, and they need to provide their consent.- If the parents are married, the passport application form must be signed by both parents and the child and both parents should be in attendance when the application is submitted.
- Please note that the child and both parents should be in attendance when the application is submitted to the nearest Home Affairs office or SA Mission/Consulate. If a parent cannot be in attendance, a letter of consent and copy of ID will no longer be accepted.
- If divorced and sole parental rights and responsibilities in regard to guardianship have not been granted to one parent, the child and both parents should be in attendance when the application is submitted and both must sign the application form.
- If a parent is deceased, his or her death certificate and a copy thereof must accompany the application for the passport
- In the case of minors born out of wedlock, the biological father ’s consent will also be required if any of the circumstances as outlined in section 21 of the Children’s Act, 1995, are applicable, the child and both parents should be in attendance when the application is submitted.
- If the applicant is in the care of a guardian other than the parents, proof of the High Court’s appointment must accompany the application.
- If a parent cannot be located or refuses to consent, or a dispute concerning consent arises, the matter should be referred to the Children’s Court. The Court’s decision must be submitted with the application for the passport.
In summary, on minor children application for a passport