Children born out of wedlock – The issue of whose surname the minor child should have
Children born out of wedlock – let us have a look at the law when it comes to their surname, and changes to it. In the ideal world, a couple falls in love, gets married, and then bring a child into this world. However, since the beginning of time, this was not always the case. History has many stories of children who were born out of wedlock. This is more prevalent this modern day as many couples decide to start a family, without nuptials. Then there is the other extreme where a child is conceived through a brief encounter and then the parties continue with their own paths in life. The law and society also treat children born out of wedlock differently. This has changed to an extent where neutral terms are being used. Words like “illegitimate” and so on are used to refer to such innocent children whose fate was laid down by their parents. The law and society were so extreme, that even children born from religious marriages, which were not recognised as valid civil marriages were also referred to as “illegitimate”. It is however still shocking that the South African law we refer to later, still uses the term “illegitimate child”. Nonetheless, a beautiful innocent child is born, and then the issue of whose surname he or she should have has arisen. This is what this article addresses. Whose surname should a child born out of wedlock have, according to the law? And further, can such a surname be legally changed later?

Issues in relation to a surname of minor children born out of wedlock

This article deals with two issues in relation to a surname of a child born out of wedlock. The first is whose surname a child born out of wedlock should have according to the law? This is an important issue. There are a few scenarios that come to play. One where the parties lived together and planned on having the child and intend to marry or live together indefinitely. In such a case, maybe the child should have the father’s surname. Then there is the other situation, where the mother and the father of the child had a short intimate relationship, and he wants the child to have his surname. This could be complicated as he may never form part of the child’s life but wants the child to have his surname. This we refer to as an ego or vanity reason. And the second issue this article deals with is what the law says regarding a change to the surname of a child born out of wedlock. This is also an important issue as, sometimes, the father of a child born out of wedlock is the one who cares for the child and invests most of his life in the child. Situations can arise where it would be expedient for him to have primary care over the child and for the child to have his surname. We will look at this issue in more detail below. Now let us look at the law.

Births and Deaths Registration Act 51 of 1992

When it comes to issues of name, surname, details of the father on the birth certificate and so on, we refer to the Births and Deaths Registration Act 51 of 1992. What this Act says, is that within 7 (seven) days of the birth of the child born out of wedlock, or any child for that matter, notice of his or her birth must be given to the Department of Home Affairs in the prescribed manner. It further says that if the parents are married, then the child would have the father’s surname. However, that is not the case for children born out of wedlock as you will see later. The Births and Deaths Registration Act 51 of 1992 unfortunately still uses the term “illegitimate child”. But let’s have a look at it anyway.

Section 10 of the Births and Deaths Registration Act 51 of 1992

Section 10 of the Births and Deaths Registration Act 51 of 1992 is entitled “Notice of birth of illegitimate child”. It states the following: “10. (1) Notice of birth of an illegitimate child shall be given – (a) under the surname of the mother; or (b) at the joint request of the mother and of the person who in the presence of the person to whom the notice of birth was given acknowledges himself in writing to be the father of the child and enters the prescribed particulars regarding himself upon the notice of birth, under the surname of the person who has so acknowledged. (2) Notwithstanding the provisions of subsection (1), the notice of birth may be given under the surname of the mother if the person mentioned in subsection 5 (1 )(b), with the consent of the mother, acknowledges himself in writing to be the father of the child and enters particulars regarding himself upon the notice of birth.”

Explanation of section 10 of the Births and Deaths Registration Act 51 of 1992

Section 10 says that if the child was born out of wedlock, he or she should have the surname of the mother. However, if both the mother and father agree, then the child can have the surname of the father. Now, this is what the law says, and what would probably happen in life should the mother and father be on good terms when the child’s name is registered. However, what can the father do if later he wants the child to have his surname? In that case, we have to look at a different section of the Births and Deaths Registration Act 51 of 1992. And that is section 25 of the Act.

Section 25 of the Births and Deaths Registration Act 51 of 1992

Section 25 of the Births and Deaths Registration Act 51 of 1992 deals with the alteration of the surname of a minor. Unfortunately, in that section, the word “illegitimate minor” is still used. The sections state the following: “25. (1) When- (a) the birth of any illegitimate minor has been registered and the mother of that minor marries any person other than the natural father of the minor; (b) the father of any minor is deceased or his parents’ marriage has been dissolved and his mother remarries or his mother as a widow or divorcee resumes a surname which she bore at any prior time; (c) the birth of any illegitimate minor has been registered under the surname of his natural father; or (d) a minor is in the care of a guardian, his mother or his guardian, as the case may be, may apply to the Director-General for the alteration of his surname to the surname of his mother, or the surname which his mother has resumed, or the surname of his guardian, as the case may be, and the Director-General may alter the registration of birth of that minor accordingly in the prescribed manner: Provided that the man who married the mother of a minor mentioned in paragraph (a) or (b), shall grant written consent for the alteration. (2) Any parent or any guardian of a minor whose birth has been included under a specific surname in the population register, may on the strength of a reason not mentioned in subsection (1), apply to the Director-General for the alteration of the surname of the minor under which his birth was registered, and the Director-General may, on submission of a good and sufficient reason given for the contemplated alteration of the surname, alter the said original surname accordingly in the prescribed manner. (3) For the purposes of this section “guardian” includes any person who has in law or in fact the custody or control of a minor.”

Explanation of Section 25(1) of the Births and Deaths Registration Act 51 of 1992

Section 25 (1) provides for the situation where the minor can have his or her surname change. Most of the reasons mentioned sound logical. However, what happens in the case of a father wanting to change the child’s surname to his surname and the child was born out of wedlock? Well, in that case, section 25 (2) comes with an answer.

Section 25 (2) of the Births and Deaths Registration Act 51 of 1992

According to section 25(2), the father of the illegitimate child can make an application to the Director-General of the Department of Home Affairs for the change of the minor child’s surname born out of wedlock. However, if the mother is still alive, both parents must consent to the application. If, however, the mother does not consent to it, the father would have to make an application to the High Court to dispense with the mother’s consent and for the Director-General to apply their mind without the consent of the mother.

Court Application in relation to a surname of a child born out of wedlock

Should there be an application to Court, as just mentioned, the Court would have to look at what is in the best interests of the minor child. Various factors would be looked at. It is however suggested that ego reasons should not be the justification for making the application. In other words, the father wants the child to have his surname solely due to him being the father, even though the mother cares for the minor child.

Posted on 11 February 2025 by Telelaw

Children born out of wedlock – The issue of whose surname the minor child should have Children born out of wedlock – let us have a look at the law when it comes to their surname, and changes to it. In the ideal world, a couple falls in love, gets Continue Reading

What do I do if I am not happy with the maintenance court judgment? Is it possible to appeal it? If yes, what are the steps and laws involved?
Child maintenance or child support is the right of every child. It is not only a legal right, but a moral duty on all parents to adequately care and provide for their children. Unfortunately, not all parents uphold their duty and responsibility to adequately maintain their offspring. This is a very sad reality. If this is the case, a parent having primary care needs to approach the Maintenance Court for a Maintenance Order against the other parent. This would force the parent neglecting his or her child to pay child support. You may also consider reading the following articles on maintenance court appeals: What do I do if I am not happy with the maintenance court’s ruling? Is it possible to appeal the decision? Successful Child Maintenance Appeal before the Full Bench Argued by Adv M Abduroaf

Options parents have when it comes to claiming and enforcing child maintenance orders

If a maintenance order has been made, and a parent against whom the order was made does not comply with its provisions, then the law would step in. A parent having primary care can follow the civil route and attach the other parent’s salary, property etc. Or the criminal route can be followed where the other parent faces possible imprisonment. However, what does a parent do, if a Maintenance Order has been granted, and he or she is not happy with it? This is what this article deals with – Appealing maintenance orders granted by the Maintenance Court. We are not dealing with Maintenance Orders that were granted by the Divorce Court (High Court or Magistrates’ Court).

How are Maintenance Orders made in the maintenance court?

A parent would apply for a maintenance order at the Maintenance Court. The court would then notify the other parent to appear in the Maintenance Court. Various Maintenance Courts follow different procedures in notifying parents. Some use subpoenas, other send letters, and others use emails. Thereafter, the parents would first meet with a maintenance officer to discuss the complaint and an enquiry is held. The parents would present all their income and expenses and the maintenance officer would try to resolve the matter. Resolving the matter would be first prize for both parents. However, matters are not always resolved at this first sitting. Therefore, in short, Maintenance Orders are made as follows:

The parties agree on a maintenance order with the assistance of a Maintenance Officer, and it is made an order of Court. A consent form is therefore signed and made an order of Court. Everyone is happy; or
The parties cannot agree on a maintenance order, and the court decides what the terms of the order should be. This is the long route, but necessary if one or both parties are being unreasonable.

The parent is unhappy with the maintenance court’s decision

If a parent is not happy with the order the court made, then he or she may appeal the Maintenance Order. Basically, what this means, is that a higher court would decide whether the maintenance court made the correct decision. In this case, the higher court would be the High Court. If the maintenance matter was heard in Cape Town, it would then be the Western Cape High Court. As you would see below, the procedure is cumbersome. The entire court record would have to be typed out and read by the High Court Judges.

Procedures to follow when wanting to appeal a Maintenance Court decision

When appealing a maintenance court decision, one needs to look at the Magistrates’ Court Rules, as well as the High Court Rules. This is so as the maintenance matter was heard by a magistrate and the court hearing the appeal is the High Court. We inserted both sets of rules below which you can follow should you wish to appeal a maintenance court decision.

Magistrates’ Court Rule on Appeals

Appeals in civil cases

(1) Upon a request in writing by any party within 10 days after judgment and before noting an appeal the judicial officer shall within 15 days hand to the registrar or clerk of the court a judgment in writing which shall become part of the record showing-

the facts he or she found to be proved; and
his or her reasons for judgment.

(2) The registrar or clerk of the court shall on receipt from the judicial officer of a judgment in writing supply to the party applying therefor a copy of such judgment and shall endorse on the original minutes of record the date on which the copy of such judgment was so supplied. (3) An appeal may be noted within 20 days after the date of a judgment appealed against or within 20 days after the registrar or clerk of the court has supplied a copy of the judgment in writing to the party applying therefor, whichever period shall be the longer. (4) An appeal shall be noted by the delivery of notice, and, unless the court of appeal shall otherwise order, by giving security for the respondent’s costs of appeal to the amount of R1000: Provided that no security shall be required from the State or, unless the court of appeal otherwise orders, from a person to whom legal aid is rendered by a statutorily established legal aid board. (5) Money paid into court under subrule (4) and outstanding for more than three years, may be paid into the State Revenue Fund, after three months’ notice of such intention in writing has been given to the parties concerned, whereafter the parties concerned may apply for a refund of the amount paid into the said Fund. (6) A cross-appeal shall be noted by the delivery of notice within 10 days after the delivery of the notice of appeal. (7) A notice of appeal or cross-appeal shall state- (a) whether the whole or part only of the judgment is appealed against, and if part only, then what part; and (b) the grounds of appeal, specifying the findings of fact or rulings of law appealed against. (8) (a) Upon the delivery of a notice of appeal the relevant judicial officer shall within 15 days thereafter hand to the registrar or clerk of the court a statement in writing showing (so far as may be necessary having regard to any judgment in writing already handed in by him or her)-

the facts he or she found to be proved;
the grounds upon which he or she arrived at any finding of fact specified in the notice of appeal as appealed against; and
his or her reasons for any ruling of law or for the admission or rejection of any evidence so specified as appealed against.

(b) A statement referred to in paragraph (a) shall become part of the record. (c) This rule shall also, so far as may be necessary, apply to a cross-appeal. (9) A party noting an appeal or a cross-appeal shall prosecute the same within such time as may be prescribed by rule of the court of appeal and, in default of such prosecution, the appeal or cross-appeal shall be deemed to have lapsed, unless the court of appeal shall see fit to make an order to the contrary. (10) Subject to rule 50 of the Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa, the registrar or clerk of the court shall, within 15 days after he or she receives notice that an appeal has been set down for hearing, transmit to the registrar of the court of appeal the record in the action duly certified. (11) (a) A respondent desiring to abandon the whole or any part of a judgment appealed against may do so by the delivery of a notice in writing stating whether he or she abandons the whole, or if part only, what part of such judgment. (b) Every notice of abandonment in terms of paragraph (a) shall become part of the record. (12) Where the parties agree in terms of section 82 of the Act that the decision of the court shall be final, either party may lodge the memorandum of such agreement with the registrar or the clerk of the court, and such memorandum shall thereupon become part of the record in the action or matter. Now let us refer you to the relevant sections of the High Court Rules.

High Court Rule in relation to Appeals from the Maintenance Court

50 Civil Appeals from Magistrates’ Courts (1) An appeal to the court against the decision of a magistrate in a civil matter shall be prosecuted within 60 days after the noting of such appeal, and unless so prosecuted it shall be deemed to have lapsed. (2) The prosecution of an appeal shall ipso facto operate as the prosecution of any cross-appeal which has been duly noted. (3) If a cross-appeal has been noted, and the appeal lapses, the cross-appeal shall also lapse, unless application for a date of hearing for such cross-appeal is made to the registrar within twenty days after the date of the lapse of such appeal. (4) (a) The appellant shall, within 40 days of noting the appeal, apply to the registrar in writing and with notice to all other parties for the assignment of a date for the hearing of the appeal and shall at the same time make available to the registrar in writing his full residential and postal addresses and the address of his attorney if he is represented. (b) In the absence of such an application by the appellant, the respondent may at any time before the expiry of the period of 60 days referred to in subrule (1) apply for a date of hearing in like manner. (c) Upon receipt of such an application from appellant or respondent, the appeal shall be deemed to have been duly prosecuted. (5) (a) Upon receipt of such application, the registrar shall forthwith assign a date of hearing, which date shall be at least 40 days after the receipt of the said application, unless all parties consent in writing to an earlier date: Provided that the registrar shall not assign a date of hearing until the provisions of subrule (7) (a), (b), and (c) have been duly complied with. (b) The registrar shall forthwith give the applicant written notice of the date of hearing, whereupon the applicant shall forthwith deliver a notice of set down and in writing give notice thereof to the clerk of the court from which the appeal emanated. (6) A notice of set down of a pending appeal shall ipso facto operate as a set down of any cross-appeal and vice versa. (7) (a) The applicant shall simultaneously with the lodging of the application for a date for the hearing of the appeal referred to in subrule (4) lodge with the registrar two copies of the record: Provided that where such an appeal is to be heard by more than two judges, the applicant shall, upon the request of the registrar, lodge a further copy of the record for each additional judge. (b) Such copies shall be clearly typed on foolscap paper in double spacing, and the pages thereof shall be consecutively numbered and as from second January 1968, such copies shall be so typed on A4 standard paper referred to in rule 62 (2) or on foolscap paper and after expiration of a period of twelve months from the aforesaid date on such A4 standard paper only. In addition every tenth line on each page shall be numbered. (c) The record shall contain a correct and complete copy of the pleadings, evidence and all documents necessary for the hearing of the appeal, together with an index thereof, and the copies lodged with the registrar shall be certified as correct by the attorney or party lodging the same or the person who prepared the record.

(d) The party lodging the copies of the record shall not less than fifteen days prior to the date of the hearing of the appeal also furnish each of the other parties with two copies thereof, certified as aforesaid. (8) (a) Save in so far as these affect the merits of an appeal, subpoenas, notices of trial, consents to postponements, schedules of documents, notices to produce or inspect, and other documents of a formal nature shall be omitted from the copies of the record prepared in terms of the aforegoing subrule. A list thereof shall be included in the record. (b) (i) With the written consent of the parties any exhibit or other portion of the record which has no bearing on the point in issue on appeal may be omitted from the record. (ii) If a portion has been so omitted from the record, the written consent signed by or on behalf of the parties and noting the omission shall be filed, together with the incomplete record, with the Registrar. (iii) Notwithstanding the provisions of subparagraphs (i) and (ii) the court hearing the appeal may at any time request the complete original record and take cognisance of everything appearing therein. (c) When an appeal is to be decided exclusively on a point of law, the parties may agree to submit such appeal to the court in the form of a special case, as referred to in rule 33 of the Rules, in which event copies may be submitted to the court of such portions only of the record which in the opinion of the parties may be necessary for a proper decision of the appeal: Provided that the court hearing the appeal may request that the entire original record of the case be placed before the court. (9) Not less than fifteen days before the appeal is heard the appellant shall deliver one copy of a concise and succinct statement of the main points (without elaboration) which he intends to argue on appeal, as well as a list of the authorities to be tendered in support of each point, and not less than ten days before the appeal is heard the respondent shall deliver a similar statement. Three additional copies shall be lodged with the registrar in each case. (10) Notwithstanding the provisions of this rule the judge president may, in consultation with the parties concerned, direct that a contemplated appeal be dealt with as an urgent matter and order that it be disposed of, and the appeal be prosecuted, at such time and in such manner as to him seems meet.

Final Words on Appeals in Maintenance Court Matters

From the above, it is clear that one does not have to just accept a decision of a Magistrate in a Maintenance Matter. There is always the option to appeal his or her decision. You may consider reading the following articles on maintenance court appeals: What do I do if I am not happy with the maintenance court’s ruling? Is it possible to appeal the decision? Successful Child Maintenance Appeal before the Full Bench Argued by Adv M Abduroaf 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

Posted on 11 February 2025 by Telelaw

What do I do if I am not happy with the maintenance court judgment? Is it possible to appeal it? If yes, what are the steps and laws involved? Child maintenance or child support is the right of every child. It is not only a legal right, but a Continue Reading

There is NO Child Maintenance Payment Holiday during the National Lockdown Period! If the other parent is refusing to pay child support during the National Lockdown period – what can you do?
South Africa is now in a state of National Lockdown. As things stand at present, children are not to be moved between homes during this period. This is to limit the spread of COVID-19 / Coronavirus. A lot has been written on the topic of moving children during the lockdown period by co-holders of parental responsibilities and rights. Have a look at a few of these articles written by Our Lawyer on this topic:
Parental responsibilities and care during the coronavirus lockdown in South Africa – The uncertain questions that cannot and should not be answered today (24 March 2020)
Co-parenting during the South African National Lockdown period – What does the law say? – The good and the abuse (4 April 2020)
Latest regulations regarding the movement of children during the National Lockdown – 30 March 2020 (6 April 2020)

Update: 07 April 2020

NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020) For those who do not have much time to read further, there is no child maintenance payment holiday during the lockdown period!

Parents and lawyers should focus on what is best for the child

We at Our Lawyer (Pty) Ltd, when working with children matters, always focus on what is best for the child, and not necessarily the parents, or even our client who pays us for our services. Children are a vulnerable sector of our society, and their interests should be vehemently protected. They are our future and the leaders of tomorrow. Who knows, out of your home could emerge the next Olympic star, or State President one day. The best interest of the child principle applies to all situations – not only during the lockdown but other periods as well. It disappoints us when parents do not want to pay adequate child support towards their children in these trying times.

Complaints from parents where the other parent does not want to pay child maintenance during the lockdown period

We have received queries from parents where the other parent is not paying child support during the National Lockdown period. This for good reason concerns us. We felt it necessary to write an article on this issue. Does the national lockdown afford parents with a child maintenance payment holiday? The same as offered by some loan banks that allows you to miss the occasional monthly payments. Some banks are offering it to their customers due to the national lockdown. Now let’s get into it.

What is child maintenance usually for?

Each family is different, and therefore each child’s needs vary. What would be necessary maintenance for a child of 8, would not be necessary for a child of 13. The same applies to children of the same ages living in different homes. The usual maintenance provisions would include any of the following:

Groceries, Water and Electricity, Laundry
Telephone, Internet, airtime
Domestic Worker, Garden Services
Clothing, shoes
Transport costs, vehicle maintenance, repairs
Medical aid and medical expenses not covered by the medical aid
Holidays, Entertainment, Recreation, DSTV, Netflix
Reading material (books, newspaper etc)
Pets food, litter, Vet
School projects, assignments
School fees, Summer and winter uniforms, shoes
Extra-Mural (incl. clothes), stationery, textbooks, sports equipment (incl. clothing)

For some families, many other items would be included. An in others, only half the items above would be applicable.

Child maintenance payment scenarios

There are usually two (2) scenarios where child maintenance gets paid:

The first scenario applies where there is a maintenance order in place. This could have been made by the maintenance court, or the divorce court when the parties divorced. Should a maintenance court have made the order, it would usually mean there was a complaint about non-payment or paying too little. This is not always the case. Either way, the court making the maintenance order would have had to be satisfied that the order is in the child’s best interest.
Then there is the second scenario where there is no maintenance order in place. The parents were never divorced and neither party took the other to the maintenance court. The parties pay maintenance based on an agreement they have, or the paying parent just pays as he or she feels. In the scenario, no court determined whether the amount being paid is fair or not.

Is Non-compliance with a Maintenance Order allowed?

When the maintenance order was made, various factors where considered. Included in those was the fact that the child has a holiday. Therefore, under ordinary circumstances, a parent cannot say they do not want to pay child maintenance during the December holiday, because the child is with them during the entire period. If the court order says that child maintenance is R X a month, that includes school holidays as well. There is, therefore, no payment holiday when it comes to child maintenance where a court order is in place. And if there is no order in place, payments must continue.

Can parents agree to relax the maintenance order during the National Lockdown period despite the Maintenance Order being in place?

It must be noted that children usually cost much more during the holidays as opposed to when they are at school. They eat more and also want to go out more. The latter may not apply during the lockdown period. More electricity is used, as well as water. School fees and medical aid must still be paid. Furthermore, caregivers may not have any income during this period. However, if the parents come to an agreement for less maintenance to be paid during a specific month, and for it to be repaid the following month, that is in order. This could be because the paying parent is not working during the lockdown. However, unless the paying parent really cannot afford to pay the ordered maintenance, we do not advise that any relaxation of the maintenance provisions are made.

What to do when there is no maintenance order in place?

If there is no maintenance order in place, one would assume that the parents have a cordial agreement when it comes to their child’s expenses. The primary caregiver did not see it as necessary to approach the court for a maintenance order to be in place. On the other hand, a parent may decide not to proceed with seeking a maintenance order because he or she is afraid they may get much less than what is being paid. Then there is a further scenario, where a parent does not want to proceed with a child maintenance claim, as he or she does not want the other parent to be in the child’s life. There are many other reasons as well. Nonetheless, if a parent has a maintenance agreement in place, that agreement must be fulfilled. The same principles with relaxing the agreement as outlined above would apply here as well. This would be in the child’s best interests. Now we shall deal with what a parent can do if the maintenance obligations are not adhered to during the lockdown period, either in terms of a court order, or agreement.

Noncompliance with maintenance orders and non-payment

There are certain directives in place during the lockdown period for the maintenance courts. If you are not receiving maintenance, and there is no order in place, you may make a first time application to the maintenance court. If there is a maintenance order in place, but it is not being adhered to, then you may approach the maintenance court for its enforcement.

The relevant regulations in respect of the maintenance court during the lockdown period

In terms of direction 8(b)(i) and (ii)issued in the Regulations (No. R418) issued on 28 March 2029 in the Government Gazette (No.43167), the Maintenance Court may deal with maintenance matters during the lockdown as follows:

First time applications for maintenance will only be dealt with if complete information is supplied in respect of required names, surname, telephone or cellular phone number, employment or business address, banking details of the Respondent; and
Application in respect of enforcement of maintenance orders

We, therefore, cannot stress it enough, for those who want to know whether there can be a payment holiday, our answer is no. All maintenance obligations must be adhered to. The maintenance courts are still in operation, and defaulters would be dealt with accordingly. 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

Posted on 11 February 2025 by Telelaw

There is NO Child Maintenance Payment Holiday during the National Lockdown Period! If the other parent is refusing to pay child support during the National Lockdown period – what can you do? South Africa is now in a state of National Lockdown. As things stand at present, children are Continue Reading

Can my family and I be evicted from our home during Lockdown Alert Level 2? What are the changes to the regulations?
At 00:01 this morning (18 August 2020), South Africa moved to lockdown alert level 2. A change was made to the eviction laws. In short, it is now possible to evict people from their homes. However, a court may stay or suspend the eviction order “if it is of the opinion that it is just or equitable to do so”. Read on further below to learn more on this issue. Furthermore, almost all economic activities are allowed, except for the following:
Night clubs.
International passenger air travel for leisure purposes.
Passenger ships for international leisure purposes.
Attendance of any sporting event by spectators.
International sports events.
Exclusions relating to public transport services as set out in the directions issued by the Cabinet member responsible for transport.
Exclusions relating to education services as set out in the directions issued by the Cabinet members responsible for education.
Evictions during the National Lockdown
In terms of the previous Disaster Management Act Regulations, eviction orders were to be stayed and suspended until the last day of the alert level 3 period. This only related to your home or land. The court dealing with the eviction matter could 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. Read this article dealing with the issue.

Alert level 2 Eviction Regulations during the Lockdown

The following are the regulations regarding evictions which came into effect at 00h01 this morning. “Eviction and demolition of places of residence

(1) A person may not be evicted from his or her land or home or have his or her place of residence demolished for the duration of the national state of disaster unless a competent court has granted an order authorising the eviction or demolition.

(2) A competent court may suspend or stay any order for eviction or demolition contemplated in subregulation (1) until after the lapse or termination of the national state of disaster unless the court is of the opinion that it is not just or equitable to suspend or stay the order having regard, in addition to any other relevant consideration, to- (a) the need, in the public interest for all persons to have access to a place of residence and basic services to protect their health and the health of others and to avoid unnecessary movement and gathering with other persons; (b) any restrictions on movement or other relevant restrictions in place at the relevant time in terms of these regulations; (c) the impact of the disaster on the parties; (d) the prejudice to any party of a delay in executing the order and whether such prejudice outweighs the prejudice of the person who will be subject to the order; (e) whether any affected person has been prejudiced in his or her ability to access legal services as a result of the disaster; (f) whether affected persons will have immediate access to an alternative place of residence and basic services; (g) whether adequate measures are in place to protect the health of any person in the process of a relocation; (h) whether any occupier is causing harm to others or there is a threat to life; and (i) whether the party applying for such an order has taken reasonable steps in good faith, to make alternative arrangements with all affected persons, including, but not limited to, payment arrangements that would preclude the need for any relocation during the national state of disaster. (3) A court hearing any application to authorise an eviction or demolition may, where appropriate and in addition to any other report that is required by law, request a report from the responsible member of the executive regarding the availability of any emergency accommodation or quarantine or isolation facilities pursuant to these regulations.” It is therefore now allowed to evict persons from their homes. However, the eviction order may be suspended or stayed until the end of the national state of disaster based on the factors mentioned above.

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

Posted on 11 February 2025 by Telelaw

Can my family and I be evicted from our home during Lockdown Alert Level 2? What are the changes to the regulations? At 00:01 this morning (18 August 2020), South Africa moved to lockdown alert level 2. A change was made to the eviction laws. In short, it is now Continue Reading

Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Durban. 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 Durban. 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 Durban 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.

Posted on 11 February 2025 by Telelaw

Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Durban. 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

Maintenance Court Cape Town
There are number of child maintenance courts in your local area in Cape Town. Below are local maintenance courts that could be close to your area:
Athlone Maintenance Court
Mitchell’s Plain Maintenance Court
Wynberg Maintenance Court
[caption id="attachment_4345" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] To claim child maintenance/child support, you should visit your closest maintenance court in your area.

Maintenance Court Procedure

Find out where about is the closest magistrates’ court in your area and pay them a visit. When visiting the Maintenance Court, bring along the necessary documents such as:

Birth certificate of your child/children.
Your identity document.
Proof of residence.
A divorce settlement.
Proof of your monthly income and expenses.
The personal details of the parent required to pay maintenance such as their name, surname physical and work address.
Copy of your bank statement.

[caption id="attachment_4348" align="alignleft" width="300"]

Call our offices on: 0211110090
Email: [email protected][/caption] In attempt to claim maintenance, you will have to fill in a detailed form stipulated by the Magistrate’s Court. This form shall request all details regarding your income and expenses. Lighter expenses such as entertainment and pocket money are also included. Expenses of parents and the child are however, listed separately. The court however, will take a number of factors into consideration when stipulating the amount of maintenance that should be paid. Both parent’s income will be analysed and the court’s decision will be based accordingly.

Child Maintenance Calculator

Our Lawyer Pty Ltd introduced a range of free legal products and services for your convenience. The child maintenance calculator. gives you a better understanding on how much maintenance you should be claiming or receiving. [caption id="attachment_4349" align="alignleft" width="300"]

Call our offices on: 0211110090
Email: [email protected][/caption] Below are our free legal products:

Child Maintenance Office numbers

Feel free to visit us at our law offices for friendly, expert legal advice and enjoy free Wi-Fi in comfortable setting. Our legal consultations are one-on-one and confidential in which the legal expert will be advising you through the process. Our Lawyer Pty Ltd offers a range of family law legal services for your convenience. You can find our office in the heart of the buzzing CBD at Suit 702, 7^th Floor, The Pinnacle, corner of Strand and burg Street. Feel free to visit us at our offices in a safe, central setting and enjoy professional, confidential, legal consultations at its best. [caption id="attachment_4354" align="alignleft" width="300"]

Call our offices on: 0211110090
Email: [email protected][/caption] Call our legal offices today and have your legal appointment booked online for a legal consultation in child maintenance. Our Lawyer Pty Ltd is highly accommodating towards its clients and believe in making life easier for its clients. This is why we have decided to initiate an online appointment system as well as an online platform in which you can share your thoughts and post your legal questions. Are you residing out of Cape Town? No problem. Make use of our national number and call us on 087 7011 124 for your professional legal consultation. Connect with us today!

Posted on 11 February 2025 by Telelaw

Maintenance Court Cape Town There are number of child maintenance courts in your local area in Cape Town. Below are local maintenance courts that could be close to your area: Athlone Maintenance Court Mitchell’s Plain Maintenance Court Wynberg Maintenance Court To claim child maintenance/child support, you should visit your closest Continue Reading

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Nelspruit?
A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Nelspruit, the law applicable would be the same throughout South Africa.
Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case:
Experience and Expertise:
Specialization in family law, particularly child custody cases.
Proven track record of successfully handling similar cases.
Knowledge of Family Law:
In-depth understanding of family law.
Awareness of recent legal developments and changes in family law.
Communication Skills:
Effective communication skills to clearly articulate your case in court.
Ability to negotiate and mediate to reach favourable settlements.
Compassion and Empathy:
Understanding and empathy towards the emotional challenges involved in child custody disputes.
Ability to provide emotional support to clients during a difficult time.
Strategic Thinking:
Ability to devise a strategic legal approach tailored to the unique aspects of your case.
Forethought and anticipation of potential challenges.
Availability and Responsiveness:
Prompt responses to client inquiries and concerns.
Availability for meetings, court appearances, and consultations.
Client Reviews and References:
Positive reviews from previous clients.
Recommendations from colleagues or other legal professionals.
Ethical Conduct:
Adherence to professional and ethical standards.
Transparent and fair billing practices.
Courtroom Experience:
Comfort and confidence in a courtroom setting.
Skillful presentation of arguments and evidence.
Resourcefulness:
Resourcefulness in finding legal precedents and utilizing available resources to strengthen the case.
Problem-Solving Skills:
Creative problem-solving skills to navigate complex family dynamics and legal issues.
Custody and Visitation Knowledge:
In-depth knowledge of various custody arrangements and visitation schedules.
Ability to advocate for the best interests of the child.
What should you consider when meeting with a family law attorney or advocate?
When looking for a great child custody lawyer, it’s essential to schedule consultations, discuss your case, and assess whether the lawyer, attorney, or advocate possesses the qualities and skills that align with your needs and goals. Additionally, consider seeking recommendations from trusted friends, family members, or other legal professionals. Finding the best child custody lawyer involves thorough research, careful consideration of your specific needs, and evaluation of the lawyer’s qualifications. Here are some steps you can take to find the right child custody lawyer for your situation:
Define Your Goals and Needs:
Clearly identify your goals and priorities in the child custody case.
Determine the specific services you need from a lawyer, such as legal representation, mediation, or collaborative law.
Research Local Family Law Attorneys:
Use online legal directories and referral services to identify family law attorneys or Trust Account Advocate in your area.
Seek recommendations from friends, family, or colleagues who have gone through similar situations.
Check Credentials and Specialization:
Look for lawyers who specialize in family law and, more specifically, child custody cases.
Check their credentials, education, and any certifications related to family law.
Read Reviews and Testimonials:
Read online reviews on legal review websites, social media, or the lawyer’s own website.
Consider testimonials from previous clients to gauge the lawyer’s reputation and success rate.
Consult with Multiple Lawyers:
Schedule consultations with several child custody lawyers to discuss your case.
Prepare a list of questions to ask during the consultation, covering topics such as experience, approach to cases, and expected outcomes.
Evaluate Communication Skills:
Assess the lawyer’s communication style and whether you feel comfortable discussing your case with them.
Ensure that the lawyer listens actively and provides clear explanations of legal processes.
Consider Experience:
Inquire about the lawyer’s experience in handling child custody cases similar to yours.
Ask about their success rate and outcomes in past cases.
Review Legal Fees:
Discuss the lawyer’s fee structure during the consultation.
Clarify billing practices, retainer fees, and any additional costs associated with your case.
Check Disciplinary Records:
Verify the lawyer’s standing with the Legal Practice Council of South Africa.
Check for any disciplinary actions or complaints against the lawyer.
Seek Second Opinions:
If you have initial concerns or uncertainties, consider seeking a second opinion from another attorney or advocate.
Compare advice and recommendations from multiple sources.
Trust Your Instincts:
Pay attention to your instincts and gut feelings about the lawyer.
Choose a lawyer you feel comfortable working with and who understands your unique situation.
Negotiation and Mediation Skills:
Assess the lawyer’s ability to negotiate and mediate, especially if you prefer an amicable resolution.
Remember that finding the best child custody lawyer is a personalized process, and the right fit for one person may not be the best for another. Take the time to thoroughly research and evaluate potential lawyers to make an informed decision based on your specific needs and circumstances.
We service clients in all cities: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Posted on 11 February 2025 by Telelaw

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Nelspruit? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases Continue Reading

Parental responsibilities and rights agreement
The ultimate objective of the Children’s Act is to protect the rights of children and ensure that they grow up within a safe, healthy environment and home. The Act also covers the rules and regulations surrounding adoption as well as parental responsibilities and rights that parents must fulfill towards the child. For more expert legal advice on the Children’s Act, speak to the legal expert today and have a professional legal consultation set up for you. call our law offices for an online appointment for a professional legal consultation today.

Parenting plan in terms of Children’s Act

A parenting plan becomes relevant when parents cannot reach an agreement on how they should be splitting their responsibilities towards their child/children. However, the High Court prefers having parents trying to establish a common ground first through mediation services or mutual understanding before resorting to the court. The aim of mediation is to try and settle a dispute out of court and help the two parties establish an understanding regarding their children. In terms of the Children’s Act; it is aimed at preserving the child’s best interests and not that of the parent’s. It therefore encourages parents to fulfill their duties and responsibilities towards their children even after divorce. For more on professional legal drafting on parenting plans, call our law offices for an online appointment for a professional legal consultation today. Should you wish to consult with a family legal expert one on one, feel free to call our offices on 021 424 3487 for an online appointment today.

Parenting plan legal drafting services

Our Lawyer Pty Ltd are professional legal drafters of parenting plans and other essential legal documents. With years of experience in dealing with family law legal matters, we deliver professional legal drafting for your convenience. A parenting plan can be drafted and tailored according to what both parents agree upon and what will be in the best interest of the child. For more on how to go about parenting plans, click on the link below:

Should you wish to consult with a family legal expert one on one, feel free to call our offices on 021 424 3487 for an online appointment today.

Posted on 11 February 2025 by Telelaw

Parental responsibilities and rights agreement The ultimate objective of the Children’s Act is to protect the rights of children and ensure that they grow up within a safe, healthy environment and home. The Act also covers the rules and regulations surrounding adoption as well as parental responsibilities and rights that Continue Reading

I require reasonable contact with my minor child. I want to approach the High Court. Please provide an example of an Application.
If you are seeking contact with your child, you may approach the High Court for assistance, the process can vary slightly depending on the High Court or province. However, the general principles remain the same. Here are general steps that you may consider taking, but keep in mind that it’s important to consult with a family law attorney or advocate in your specific location to get accurate and tailored advice:
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.
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.
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.
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.
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.
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.
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.
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?
Should you require assistance with a child custody dispute, whether you are the mother or the father, feel free to contact us.
Below is an example of a High Court Application.
[caption id="attachment_11690" align="alignnone" width="677"] [/caption] [caption id="attachment_11693" align="alignnone" width="710"] Child Custody Notice of Motion and Founding Affidavit – Advocate Abduroaf – High Court[/caption] [video width="1210" height="1712" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Child-Custody-High-Court-Application-Advocate-Muhammad-Abduroaf.mp4"][/video]

Posted on 11 February 2025 by Telelaw

I require reasonable contact with my minor child. I want to approach the High Court. Please provide an example of an Application. If you are seeking contact with your child, you may approach the High Court for assistance, the process can vary slightly depending on the High Court or province. Continue Reading

How we deal with divorce matters at our law offices
With extensive experience in family legal matters, we have found divorce, child custody and child maintenance to be the most commonly dealt with legal matters. By observing its popular demand for effective legal services, we have compiled easily accessible legal pieces containing free, expert legal advice for your convenience. Do feel free to visit our online store in which we make it easy for you to purchase your online consultation in a quick and easy manner. Are you interested in a one on one consultation for your divorce? You can now purchase your divorce consultation by virtue of our online store today. Alternatively, do feel free to contact our law offices on 021 424 3487 for online appointment for a professional legal consultation today. Our law offices are situated in the heart of the buzzing CBD at Suit 702, 7^th floor, The Pinnacle, Cape Town.

Family law consultancy – the online operation

We have managed to develop an efficient method on how you can get connected with us through our online appointment method. The way it works is that you may call our offices on 021 424 3487 for an online appointment. When calling our law offices, our friendly receptionist will be more than pleased to make your online appointment for you – don’t not despair, this literally takes seconds! The online appointment can be made for any family legal services you require. These will be fall into the following categories:

Child Maintenance
Ante-nuptial Contact
Change Matrimonial Property Regime
Child Adoption
Child Custody and Access
Domestic Violence Protection
Family Trust Registration
Fast Unopposed Divorces
Non-Compliance with maintenance orders
Parenting Plans
Postnuptial Contract Registration
Pre-nikkah Agreement

You will receive an automated email and SMS once the online appointment has been made for you. Connect with us today!

Divorce in South Africa – who gets what?

We have now made our legal products and services easily accessible from our website by placing them directly onto our home page; making our home page easy to navigate. Simply click on the link below and download our free divorce product toolkit below: Free Divorce Tool Kit Our law offices are conveniently situated in the heart of the buzzing CBD at Suit 702, 7^th floor, The Pinnacle, corner of Strand and Burg Street. Our law offices offers you the luxury of a professional setting with free Wi-Fi for your convenience. Call our offices and make an online appoint today for your professional legal consultation. Connect with us!

Questions to ask a divorce Attorney on first visit

During your legal consultation, you may have many questions about the way forward with your divorce. The legal expert will clarify all your questions. The most common questions we often faced with are:

Your legal rights regarding the divorce
Maintenance matters
Child custody matters
How long does it take to get a divorce?
How long does it take for a divorce to be finalized?
Splitting of assets
Protection order in a case of violence and abuse etc

All of the above are relevant questions to the matter at hand and should be addressed head on with the guidance of the family law legal expert.

Posted on 11 February 2025 by Telelaw

How we deal with divorce matters at our law offices With extensive experience in family legal matters, we have found divorce, child custody and child maintenance to be the most commonly dealt with legal matters. By observing its popular demand for effective legal services, we have compiled easily accessible legal Continue Reading

Do you require a video legal advice consultation?