I require a law firm to assist me in my legal matter in the High Court of South Africa.

What are your contact details?

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 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’s 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

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 11 February 2025 by Telelaw

I require a law firm to assist me in my legal matter in the High Court of South Africa.

What are your contact details?

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 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’s 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

We service clients throughout South Africa. These include:

Cape Town

Rustenburg

Kimberley

East London

Nelspruit

Polokwane

Pietermaritzburg

Bloemfontein

Port Elizabeth

Pretoria

Durban

Johannesburg

Relocation with my minor child to the United States of America, Los Angeles (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you.
Relocation of your minor child to Los Angeles, United States of America
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages nine or ten) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Bellville or Pietermaritzburg, South Africa, and you want to relocate to Los Angeles, United States, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation.
What about Passport Consent to travel or relocate to Los Angeles, United States?
The same applies when it comes to your minor child applying for a South African passport to relocate to United States of America, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken.
What are the steps to follow when I want to relocate to Los Angeles, United States of America with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Los Angeles, United States of America.
What can I do if the other parent does not want to consent to the minor child’s relocation to Los Angeles, United States of America?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Los Angeles, United States, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Los Angeles, United States. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Los Angeles, United States, the Court would make it possible despite the issue of consent or refusal.
What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Los Angeles, United States of America?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Los Angeles, United States – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Los Angeles, United States, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.
Getting legal assistance or help with your relocation application to Los Angeles, United States of America
If you require legal assistance or representation with relocating to Los Angeles, United States due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Posted on 11 February 2025 by Telelaw

The prohibition of wearing headscarves for females at work and places of learning despite religious convictions and the Supreme Law of the Republic of South Africa – The Constitution.
What practical use is the fundamental right to freedom, when you are not free to be free? What practical use is the fundamental right to practice one’s universally recognised religion, but you are told not to do so by your employer or educator? Is brilliant legislation and policies meticulously crafted, framed and inked with scented oils onto canvas, of any practical worth, if it merely serves as an apparent reference, but not to be rigorously enforced and revered? This informative article has been undoubtedly inspired by the civil matter between Major Fatima Isaacs and the South African National Defence Force. Major Isaacs is facing possible dismissal for resolutely refusing to surreptitiously remove her hijab (headscarf) after being commanded to do so. What you will be reading does not deal with the latter case per se. However, in order to naturally keep it evergreen, it deals with the fundamental Constitutional principles at play.
Does the Constitution adequately protect one from religious oppression?
Is forcing someone to act directly contrary to his or her religious beliefs and moral convictions, not a grave form of oppression? Now, does the law, independent judiciary, and the modern state, actually adequately protect and rigorously enforce the civil rights of women to sufficiently cover their heads with a headscarf due to their religious tenants and convictions? May a female be forced to remove it, if such action would mean she is acting contrary to her religion and convictions, despite our Constitution? Hence, what does our Constitution state? With Thursday passed being the 10th observed anniversary of Nelson Mandela International Day, we naturally thought it opportune to gently tap into the modest wealth of knowledge of Advocate Muhammad Abduroaf, an advocate of the High Court of South Africa. He holds a Master of Laws Degree (LL.M) in Constitutional Litigation and weathered with over a decade and a half of successful litigation experience. Read on and find out what he has to say on the constitutional issue raised and enjoy him journeying us through the past.
What does Advocate Muhammad Abduroaf have to say on religious rights?
Advocate Muhammad Abduroaf: Sometimes, to adequately understand the present, one needs to sufficiently know the historic past. South Africa was plagued with racial discrimination in the dark challenging past. Its era formally began in the late 1940s when the National Party came into power. However, laws intentionally discriminating against non-whites were in existence prior to that. Laws were arrogantly created which directly afforded certain racial groups superiority and social dominance over others, in various facets of ordinary life. This can be illustrated by the following:
Various population groups were created. You would be classified as white, black, Indian coloured, etc.;
The use of public services and civic amenities was ethnically based on the distinctive colour of your skin. Hence certain beaches were reserved for fair-skinned people, and you could not sit (or stand) anywhere on a bus if you were of a darker shade;
Depending on the colour of your skin, you could only work in a certain industry. Unmistakably, certain racial groups would be capable of better empowering themselves;
If you were classified as being white, you would be lawfully entitled to the best of state provided education;
Mixed marriages were prohibited as well as extramarital sex between white and black people;
Your skin colour would instantly determine the private land you may rightfully own and where you may live;
Pass laws were rigorously enforced; and
Presidential elections were undoubtedly not free and fair.
The architects of Apartheid clearly knew what they were doing and meticulously executed their plan. One does not have to possess a doctoral degree in human rights to tacitly agree that the Apartheid laws were degrading, humiliating and a lasting disgrace to the very thread of humanity. Nonetheless, it was rigorously enforced by the courts of law, the police force, the military, and the navy, to mention a few. Naturally, the lasting legacy of apartheid still lives on in our local communities. When will this sadly end?
The birth of our Democratic Constitution and the right to freedom or religion
The demolishment of the fundamental pillars of apartheid on paper is intimately associated with the humble birth of our Constitution. We initially had the Interim Constitution of the Republic of South Africa Act 200 of 1993, which was assented to on 25 January 1994. And then we had the final Constitution of the Republic of South Africa Act 108 of 1996. Let us quote section 1 of the final Constitution: “1. Republic of South Africa The Republic of South Africa is one, sovereign, democratic state founded on the following values:
Human dignity, the achievement of equality and the advancement of human rights and freedoms.

Non-racialism and non-sexism.

Supremacy of the constitution and the rule of law.

Universal adult suffrage, a national common voters roll, regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness.”
What a wonderful piece of necessary legislation. It starkly contradicts past apartheid laws, social policies, and practices. Now the fundamental question is precisely; how supreme is it? For this, we look earnestly at Chapter 2 of the Constitution which we quote next: “2. Supremacy of Constitution This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.” What do you make of this? It does not only pronounce that racially discriminatory laws are invalid but at the same time, unconstitutional conduct is invalid as well. The section further places an obligation on the State and the general public to adhere to the spirit and letter of the Constitution. Therefore, all the Apartheid laws and practices which violated human rights are automatically invalid. On paper at least. The Bill of Rights Now we move to the social issue of civil Human rights as entrenched in our Constitution. Chapter 2 of our Constitution deals with the Bill of rights. Let us quote section 7 of the Bill: “7. Rights
This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.”
This section is a radical change from what was the law and policy of South Africa during the Apartheid regime. Due to our Constitution, Apartheid is supposed to have vanished from our law books. Now let us unpack the Bill of Rights next. Chapter 2 deals with the following rights, and more:
Equality
Human Dignity
Life
Freedom and Security of the Person
Slavery, Servitude and Forced Labour
Privacy
Freedom of Religion, Belief and Opinion
Freedom of Expression
Assembly, Demonstration, Picket and Petition
Freedom of Association
Political Rights
Citizenship
Freedom of Movement and Residence
Freedom of Trade, Occupation and Profession
Labour Relations
Environment
Property
Housing
Health Care, Food Water and Social Security
Children
Education
Language and Culture
Cultural, Religious and Linguistic Communities
Access to Information
However, for the practical purpose of this article, we shall look keenly at the right to religion. This is entrenched in section 15 of our democratic Constitution, and it eloquently states the following:
Freedom of religion, belief and opinion
Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
Clearly, considering the introductory sections of this article in relation to the Constitution, does this not mean, that you have a right to observe and practice your religion as you are required to if it does not harm anyone else? Lastly, there is the limitation clause in our Constitution. It succinctly states the following: “36. Limitation of rights
The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including

the nature of the right;

the importance of the purpose of the limitation;

the nature and extent of the limitation;

the relation between the limitation and its purpose; and

less restrictive means to achieve the purpose.

Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights.”
After carefully considering the limitation clause, it is possible for an individual’s right to exercise his or her established religion to be limited. This is precisely where the crux of this article takes us. Is it possible for a specific employer, no matter the religious convictions of the longtime employee, to intentionally limit the proper exercise of the employee’s religious rights? Under the proper scenario, it is possible. However, one would have to be very creative and gently stretch one’s mind far to find a real-life example. One scenario could be consuming an intoxicating substance based on your religious convictions whilst on security duty at work.
Commanding an employee or student not to wear a headscarf due to her religious convictions and beliefs
Promptly returning to the controversial question posed earlier on; may an employer or educator direct a female to remove her headscarf where such removal would be tantamount to a fundamental violation of her religious beliefs? At first glance, one would answer no. It would be unpermitted. It would be in violation of the employee’s right to dignity and religious practice. Accordingly, the first necessary step is established which is correctly identifying a fundamental right which is protected under the Bill of Rights. This is the right to freedom of religion. However, remember, there is a limitation clause found in section 36(1) of our Constitution referred to above. Properly applying section 36(1) of our democratic Constitution, it is comprehensible that a right to wear a headscarf is fundamental and may not be limited. The employer or educator must have very good grounds to justify the limitation of those rights. If it is due to its uniform policy, or tradition, then that is not enough. If it relates to potential life-threatening dangers that the employer, educator, employee or student and others may suffer if a headscarf is worn; then in that hypothetical scenario, limiting the right may be justified.

In conclusion

We doubt that when the Freedom Charter was adopted in 1955 and the interim constitution born, that the architects, thereof, envisioned a South Africa where a woman would be forced to remove her headscarf in violation of her religious convictions. We are certain, that should Nelson Mandela been breathing today, he would have wisely held the same convictions. To all those people who are being discriminated against due to their religion or religious beliefs and convictions in the workplace, places of learning and in public, remember, you have rights which are there to protect you. It is however up to you to make use of it.

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Posted on 11 February 2025 by Telelaw

Family Legal Products
Our law offices boast a well-renowned family and business legal consultancy that aims at offering professional legal advice and guidance where necessary. We offer the following legal services which comes with an estimated cost for our legal products:
Ante-nuptial Contracts R 2 100 – 00
Basic Will Drafting R 1 000 – 00
Email Legal Advice (per question) R 299 – 00
Family Trust Registration R 7500 – 00
Shariah Will Drafting R 950 – 00
Unopposed Divorces R 9500 – 00
For your convenience, we are also professional legal drafters of Ante-Nuptial Contracts – which will cost you a total of R2 100 – 00. Furthermore, we have a professional online method in which you can call our offices on 021 424 3487, for an online appointment to be made for you. Once an online appointment has been made for any of the above legal services, whether a telephonic or face to face (depending on client preference), a consultation will be conducted with the legal expert himself. It is however, crucial to note that all of the above fixed costs includes expert legal advice from a well experienced legal expert – as well as the necessary service required. Unfortunately we will not be held responsible for any additional costs required outside the service we offer.

Business legal services

Are you a business owner or self-starting business enthusiast? For many, starting a business or taking that first step can be extremely daunting. We understand this – which is why we have made business legal guidance available at our law offices for your convenience. Would you like some legal guidance on how to go about your business in the legal framework of things? Do not hesitate to call our law offices on 021 424 3487 for an online appointment to consult with the legal expert. We offer the following business legal services:

Business Legal Support
Business Legislation Compliance
Drafting of Business Contacts
Drafting Employment Contacts
Business Legal Training
Private and Non Profit Company Registrations
Credit Profiles
Business Trusts Registration

For more on our business legal support consultations, call our law offices on 021 424 3487 for an online appointment today.

Family Trust Registrations

The objective of a trust is to help manage your assets more efficiently. A trust allows you to dictate how and when you would want your assets to be distributed. Before going forth with a trust, you need to understand why you’re getting a trust. The following are important pointers to consider when getting a trust:

Understand why you are setting up the trust: think about the purpose of the trust.
What type of trust you would like to set up: find out more about the different type of trusts and make a call as to which trust you will require.
Property and assets: think about how you like to set out the rules of the trust and think about how this will govern your property and assets.
Beneficiaries: the person who will benefit from your assets. Think about who your beneficiaries are and how they will benefit – will it be a few beneficiaries or will it be an institution?
Trustee: this is the one who is in charge of the trust. He/she must understand the expectations and rules of the trust and ensure that all is in order.
Rules: different trusts have different rules. Your legal expert will explain this you when attempting to register your trust. It is important that the rules are carried out accordingly.

For more on our legal guidance regarding Trusts, see our Family Trust Registrations page. Bear in mind that a professional legal consultation is vital in understanding the factors at play when offering legal guidance for a Trust. The consultation fee will be deducted from the fixed cost of the Family Trust Registration with us – which comes to a total of R7 500 – 00.

Family Trust VS your Last Will and Testament

First of all, a will is a written document signed with witnesses which indicates how your assets will be distributed at the time of your death. A will is effective only after your death by which all wishes of the deceased must be carried out accordingly. For professional legal drafting of a Will, do feel free to call our our law offices on 021 424 3487 for an online appointment for a professional legal consultation today. Connect with us!

Posted on 11 February 2025 by Telelaw