Related Post

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.

Appeals and Reviews Advocate Muhammad Abduroaf South Africa Best Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.

Expertise and Specialisation

One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, Advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.

Personalised Approach

We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.

Commitment to Excellence

At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.

Responsive and Accessible

Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.

Cost-Effective Solutions

Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.

Ethical and Professional Conduct

Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:
    • Tel.: 021 111 0090
    • Email.: [email protected]

The Firm: Advocate Muhammad Abduroaf

Trust Account Advocate. Advocate Muhammad Abduroaf is a registered firm with the Legal Practice Council of South Africa. It holds offices in Cape Town. However represents clients all over South Africa. If required, he would travel out to your province to attend to you matter. Advocate Muhammad Abduroaf is a Trust Account practice, which means it may take instructions directly from members of the public. This is compared to referral advocates who may not take instructions directly from members of the public. Advocate Muhammad Abduroaf’s practice allows clients to deposit money into their Trust Account. To do so, it needs to hold a valid fidelity fund certificate, which it does. Advocate Muhammad Abduroaf may appear on its client’s behalf in all courts in the Republic of South Africa. These include the Constitutional Court, the Supreme Court of Appeal, all High Court and magistrates courts in all provinces in South Africa. The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:

High Court matters

  • Civil claim surrounding money;
  • Interdicts;
  • Divorces (Opposed and unopposed);
  • Child Custody and guardianship disputes;
  • Relocation of minor children;
  • Various criminal matters;
  • Minor children surname changes;
  • Appeals and Reviews; and
  • Other matters.

Magistrates Court matters

  • Civil claim surrounding money;
  • Various criminal matters;
  • Interdicts;
  • Maintenance Court matters;
  • Divorces Court matters (Opposed and unopposed)’
  • Children’s Court matter; and
  • Other matters.

Constitutional Court

  • Appeals

Supreme Court of Appeal

  • Appeals and Reviews

Consult with, or Instruct Advocate Muhammad Abduroaf

If you would like to have a legal advice consultation with Advocate Muhammad Abduroaf, feel free to use the Our Lawyer online appointment form by clicking here. Should you already have consulted with Advocate Muhammad Abduroaf and wish to mandate and instruct the firm, kindly proceed with completing the mandate form using this mandate link. We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Posted on by Telelaw

I cannot afford to pay child maintenance during the Lockdown. What can I do? The other parent of my child has not paid any maintenance since before the lockdown. What should I do?

  We are now on day 19 of the National Lockdown. Many expected the lockdown to endure for only 21 days. However, it is now set for 35 days. Unless you are an essential worker, or a business providing essential services, you may not go out to work or earn a living. You may, however, work from home making use of email, telephone calls, and video calls. However, the vast majority of workers in South Africa do not work from a computer or have the ability to earn money from being online. This applies to restaurants, retail stores and suppliers, the building and maintenance industry, and so on. The list is extensive. For those who are lucky to be employed, some will only receive half their salary and some none. No work, no pay. This is a sad reality of the national lockdown. Many people will be left without jobs and unable to pay their expenses. We can only hope and pray that the COVID-19, coronavirus pandemic comes to an end as soon as possible. South Africans can then work together in building our nation back to where it was and beyond.

Regulations regarding the movement of children during the lockdown

Concerning the issue of a parent’s inability to pay child maintenance during the lockdown, let us first outline the current regulations regarding the movement of children during this period. This would place this article in perspective. Children may only be moved between homes under the following circumstances:
  1. There are arrangements in place for the children to move for one parent to another in terms of a court order; or
  2. A parental responsibilities and rights agreement or parenting plan registered with the office of the Family Advocate; and
  3. In the household to which the child is to move, there is no person who is known to have come into contact with, or is reasonably suspected to have come into contact with, a person known to have contracted, or reasonably suspected to have contracted, COVID-19;
  4. The parent or caregiver transporting the child concerned must have in his or her possession, the court order or the latter agreement, or a certified copy thereof.
To view the regulations, click here.  

TAKE NOTE! There is NO Child Maintenance Payment Holiday during the National Lockdown Period!

On 07 April 2020, an article was published entitled: TAKE NOTE! There is NO Child Maintenance Payment Holiday during the National Lockdown Period!  This article still stands. We received many queries and comments from parents who cannot afford to pay child maintenance during the lockdown, and parents who have not received any child maintenance prior. Let us deal with this issue.

A parent’s duty to pay child maintenance

Whether or not there is a maintenance order in place, a parent has the duty to maintain his or her child. This duty does not stem from a court order, but by operation of law. A parent, therefore, cannot opt-out from paying child support. The only exception could be if the child, although he or she is a minor, is very wealthy, and does not require any form of child maintenance. This latter scenario is however rare.

What are the social welfare consequences of not paying child support?

The very basic purpose of paying child support is to feed, clothe and give the child shelter. If a child has two (2) parents, then both of them have a legal obligation to maintain that child. If one parent pays child support, the other parent would use that money to supplement the expenses of the child. Therefore, the money would be used to pay for any of the following basic needs during the lockdown period:
  1. Food (breakfast, lunch and supper)
  2. Accommodation (rent)
  3. Electricity, water and gas
  4. Basic clothing
  5. Basic educational expenses
  6. Personal hygiene and medical expenses
Now let’s say both parents are not earning any money during the lockdown period. The parent caring for the child is trying his or her utmost best to feed the child with what little money there is. If the parent who is supposed to pay child support does not pay his or her portion, what would happen? It would mean that the child would not have food to eat during the lockdown period. This is not in the child’s best interest. A parent should, therefore, try his or her utmost to avoid this situation from happening by paying child support.

What if a parent really cannot afford to pay child maintenance during the lockdown period?

It is theoretically possible that a parent, who receives no income during the lockdown period, cannot afford to pay all the child maintenance he or she is obliged to pay. This category of parent would be one who owns no assets of value to sell, is not eligible to take out a loan from someone,  and himself or herself is destitute. In other words, there is no money or assets at all. Should the mother lay a complaint for non-compliance with the Maintenance order, or for paying child support,  he or she should prove that he or she was truly destitute and could not pay any child support, albeit a small amount.

For what may a parent approach the maintenance court during the lockdown?

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 Therefore, if a parent is not paying child support in terms of a court order, approach the maintenance court to enforce it, even during the lockdown. If you do not have a maintenance order, and not receiving maintenance, approach the maintenance court during the lockdown and ensure you have all the information mentioned in the regulations above. We, therefore, urge parents to pay their child support during the lockdown period. This is so even though you never saw your child during the entire lockdown period. Make a loan, sell some goods, or do whatever you can to ensure your child has food to eat during the lockdown and beyond. 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 by Telelaw

Do you require a video legal advice consultation?

Click here and schedule one today!