Appeals and Reviews in South African Court – Advocate Muhammad Abduroaf

If you are considering appealing or reviewing a decision from a court in South Africa, it’s essential to understand the process and your options. In this context, you can approach an Advocate directly, especially one with a trust account, such as Advocate Muhammad Abduroaf. This allows you to streamline the appeal process since you won’t need to engage an instructing attorney.

Advantages of Using a Trust Account Advocate:

Direct Engagement

You can instruct the advocate directly, which can simplify communication and potentially reduce costs.

Trust Account

Payments for legal services are made into a trust account, ensuring that your funds are handled securely and transparently.

Statement of Account

After the work is completed, you’ll receive a detailed statement, providing clarity on the services rendered and any fees incurred.

Types of Appeals:

Advocate Muhammad Abduroaf specializes in various types of appeals, including but not limited to:

Appeals from the Magistrate’s Court

Challenging decisions made in lower courts.

Appeals from the Maintenance Court

Addressing issues related to maintenance orders.

Appeals from the Criminal Court

Contesting convictions or sentences in criminal cases.

Appeals from the Domestic Violence Court

Seeking changes to orders or decisions regarding domestic violence matters.

Appeals from the various High Courts

Engaging in appeals that address higher court decisions.

Appeals from Labour Courts

Handling disputes arising from employment and labour law matters. If you feel strongly about a court’s decision and wish to challenge it, engaging with Advocate Muhammad Abduroaf may be a viable option. You can discuss your specific situation directly with him to determine the best course of action for your appeal.
Posted on by Telelaw

Appeals and Reviews in South African Court – Advocate Muhammad Abduroaf

If you are considering appealing or reviewing a decision from a court in South Africa, it’s essential to understand the process and your options. In this context, you can approach an Advocate directly, especially one with a trust account, such as Advocate Muhammad Abduroaf. This allows you to streamline the appeal process since you won’t need to engage an instructing attorney.

Advantages of Using a Trust Account Advocate:

Direct Engagement

You can instruct the advocate directly, which can simplify communication and potentially reduce costs.

Trust Account

Payments for legal services are made into a trust account, ensuring that your funds are handled securely and transparently.

Statement of Account

After the work is completed, you’ll receive a detailed statement, providing clarity on the services rendered and any fees incurred.

Types of Appeals:

Advocate Muhammad Abduroaf specializes in various types of appeals, including but not limited to:

Appeals from the Magistrate’s Court

Challenging decisions made in lower courts.

Appeals from the Maintenance Court

Addressing issues related to maintenance orders.

Appeals from the Criminal Court

Contesting convictions or sentences in criminal cases.

Appeals from the Domestic Violence Court

Seeking changes to orders or decisions regarding domestic violence matters.

Appeals from the various High Courts

Engaging in appeals that address higher court decisions.

Appeals from Labour Courts

Handling disputes arising from employment and labour law matters.

If you feel strongly about a court’s decision and wish to challenge it, engaging with Advocate Muhammad Abduroaf may be a viable option. You can discuss your specific situation directly with him to determine the best course of action for your appeal.

Related Post

Finding the best lawyer (attorney or advocate) for your legal matter – Top advice for anyone with a legal problem in South Africa

It is best to stay out of trouble. However, sometimes trouble finds you. And if that happens, you must obtain the best lawyer suited for you (attorney or advocate) to assist you with your legal problems. If you do not need an attorney or advocate to assist you with your matter, it may be best to first schedule a consultation with one, at least for peace of mind. Read on further to ensure you obtain the best legal practitioner (advocate or attorney) that suits your budget and case.

Is the top or best attorney or advocate necessary in every legal matter?

The legal problems people have varied from case to case. Some are simple. For example, a traffic fine which you wish to dispute. Others can have severe consequences on your life. For example, going through a divorce or being arrested and charged for a crime you did not (or did) commit. Whatever the legal issues, obtaining the best advice is always the best. It does not mean you need to source the top lawyers in South Africa for every legal problem. That would not make sense if the issues involved were relatively minor and the consequences were not dire. For example, if you are disputing a traffic fine of R 500 – 00, it does not make sense to consult with the top criminal lawyer in Cape Town, who may charge you R 5000 – 00 for the consultation. However, if you are facing jail time, consult with an experienced attorney or advocate who charges more than others based on their experience and is worth their fee.

What is the first step to take when faced with a legal problem?

When faced with a minor legal problem, it may be a good idea to research the topic first. For example, someone owes you money and does not want to pay you. Doing some basic research will tell you that you can send that person a letter of demand, and if that does not work, approach the small claims court. If you do not want to go through all that effort, approaching an attorney or advocate may be less stressful. However, there would be legal fees involved. And in some cases, the legal costs involved would be more than the amount claimed. If, on the other hand, there are serious legal consequences, for example, losing your home, jail time, custody of minor children and so on, we advise you best to obtain legal advice and assistance from the start. Usually, serious legal matters are time sensitive, and a delay can cause more significant issues. For example, if someone is suing you for money through the court, and you receive the summons, you have two weeks to file a notice informing the court you are defending the matter. If you do not do so within two weeks, the other party, the plaintiff, may obtain a default judgment against you.

Do senior advocates and attorneys charge more than junior lawyers?

The more experience an attorney or advocate has, the better they are for your case. That experience earns the advocate or attorney the right to charge more than his competitor with less experience and who may have to learn how to handle your matter. An experienced lawyer may charge more per hour but spend less time dealing with your matter. A less experienced lawyer may charge less per hour but spend many more hours dealing with your matter with less experience and skill than the senior lawyer would have. At the same time, it would be overkill to use a senior attorney or advocate if your case does not require their skills and expertise. In many cases, a junior lawyer would have the necessary skills and expertise to assist you as a senior advocate would. It would all depend on the nature and complexity of your case and whether your budget allows it.

Posted on by Telelaw

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Rustenburg Children’s Court

  Family law legal matters can be very stressful. This is so whether you live in Rustenburg or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client. This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Rustenburg. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Rustenburg or any other city in South Africa.

What to do before visiting the Rustenburg Children’s Court

Before you approach the Children’s Court in Rustenburg, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Rustenburg has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Rustenburg Children’s Court for assistance. TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.

Approaching the Rustenburg Children’s Court

The Rustenburg Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Rustenburg Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you. Once you arrive at the Rustenburg Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2. In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:
  • PART A: PARTICULARS OF CHILD(REN)
  • PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
  • PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
  • PART D: PARTICULARS OF MATTER
In part D, the following is stated which you need to provide in the form:
  • Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
  • Documents: Are there any documents relating to the matter? (If so please attach)
Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Rustenburg. TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.

Processing your Application at the Rustenburg Children’s Court

Once you complete the Form A and submit it to the Clerk of the Rustenburg Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow. TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.

Appearing in the Rustenburg Children’s Court

When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:
  • Get a social worker involved in the matter;
  • Appoint a legal representative for the minor child;
  • Implement interim care and contact arrangements;
  • Having the parties attempt to agree on a parenting plan;
In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests. TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.

Finalising the matter in the Rustenburg Children’s Court

Once the Rustenburg Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later. TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided. The above Rustenburg Children’s Court Application tips 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, Rustenburg, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on by Telelaw

How does one get divorced in South Africa? Adv. Muhammad Abduroaf unpacks the legal process in a simplified manner.

Written by Adv. Muhammad Abduroaf – LL.B LL.M Advocate of the High Court of South Africa

Legal Advice on getting divorced

If you want to get divorced from your spouse, I strongly advise that you approach a legal practitioner, or an attorney to attend to it on your behalf. This I would implore even more under the following circumstances: – There will be a dispute over care and visitation rights over the child/children; – One of the parties will be applying for forfeiture of patrimonial benefits from a marriage in community of property; – The joint estate is huge or complicated; or – The other party will be making use of legal representation. If, however, you would like to know the general procedures on how to go about in obtaining a divorce decree; they are listed summarily below. Many rules regulate divorce processes and the summary below does exclude some of them. These include exceptions, strikeouts, compelling compliance, service addresses etc. Other matters incidental to divorce proceedings, e.g. interim arrangements pending the divorce regarding maintenance for you or your children and care and contact regarding children are not dealt with. Therefore, please consult a legal practitioner or the divorce court throughout your divorce process should you decide to do the divorce yourself.

Summons and Particulars of Claim

A summons needs to be drafted which should be issued by the divorce court to commence the divorce process. It should have on it the details of the court you will be issuing the divorce from, details of the parties, e.g. names, occupation, and address, etc. Every High Court in the area where you live has the authority to attend to a divorce. You may also approach the Magistrate’s Court. Each court has its own rules and procedures. You should then draft a document called “particulars of claim” outlining relevant matters concerning the marriage, children, reasons for wanting a divorce and what do you want the court to grant you in a divorce order. This particulars of claim you attach to the summons. Once you have your summons and particulars of claim in order, you have to have the summons issued. To do this, make three (3) copies of your set of documents (summons and particulars of Claim) and have it issued at court. Other documents may have to be attached as well.

Issuing and Service of the Divorce Summons

Once you are at the court, go to the clerk/registrar of the court and have your documents issued. The clerk/registrar will sign the summons and provide a case number and write it on the summons. You should then take the original and a copy (both must be signed and stamped by the clerk/registrar of the court) and take it to the sheriff which serves documents where your spouse works or lives. You can ask the clerk/registrar of the court for those details. The extra—copy of the summons and particulars of claim you keep for your file and records.

Notice of intention to defend the divorce

Once the sheriff served the documents, your spouse has two weeks to inform you whether he or she will be defending the divorce. This information is outlined in the summons. If your spouse decided not to defend the divorce action, then after two weeks has elapsed, you may set the matter down as an undefended divorce. If your spouse intends to defend the divorce, he or she would then have to do as outlined next.

Plea to particulars of claim in divorces

Once you received notice of your spouse’s intention to defend the divorce, about a month later, your spouse or his or attorney should serve and file a plea. The plea should outline which parts of your particulars of claim your spouse agree (or disagree) with which would give everyone an indication of what to prove at court.

Counter Claim in Divorce Actions

Your spouse might want to file a counter-claim. In the same way, which you outlined your case as to what you want from the court and the reasons therefore in your particulars of claim, your spouse can file on you as well a counter-claim. A counter-claim might still be filed if your spouse agrees to a divorce, but maybe wants primary care of the children, but in your particulars of claim, you asked for primary care. You should then within 10 (ten) days plead to the counter-claim in the same manner in which your spouse pleaded to your particulars of claim.

Discovery in divorce cases

While you are waiting for a trial date, and way before the trial, you may ask, or may be asked to provide under oath a schedule of books and documents in your possession and under your control relating to the divorce. This could be policy documents, deeds etc, and which you or your spouse might want to make use of at trial. Once you received these schedules you may inspect and request copies of the documents.

Obtaining a trial date for the divorce

Once you received the plea, without a counter-claim, or have pleaded to your spouses counter-claim, you should then approach the clerk/registrar of the court for a trial date. This you or your spouse may do. Please note that certain courts may have other procedures that need to first be adhered to before obtaining a trial date. For example pre-trial conferences before a judicial officer etc.

Divorce day / Trial date (Finalising the Divorce)

If your spouse does not defend the divorce within the period mentioned above, go back to court and ask for an unopposed divorce date and attend to your divorce on that date. If however your divorce is defended, a trial should ensure. During the trial, each party will prove his or her case. Witnesses will be called and at the end, the Magistrate or Judge will deliver the judgment. Best of luck, and please, don’t take my word, contact a legal practitioner should you decide to get divorced. Advocate Muhammad Abduroaf (Cape Town | Western Cape LL.B & LL.M (Master of Laws) Constitutional Litigation – Advocate of the High Court of South Africa – Member of the Legal Practice Council of South Africa 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    
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