I want to relocate with my minor child. What do I need to know with regard to the law?

Posted on 11 February 2025 by Telelaw

Evictions in South Africa
by Adv. Muhammad Abduroaf Evicting someone in South Africa is strictly governed by South Africa’s laws and regulations. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) provides a legal framework for evictions, which should only be pursued under lawful circumstances such as non-payment of rent or violating lease agreements. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act is an act of the Parliament of South Africa which came into effect on 5 June 1998 and which sets out to prevent arbitrary evictions. It’s important to note that unlawful removal can result in legal consequences for the landlord.

The Eviction process in South Africa

Here is a general guide on how to approach the eviction process in South Africa: When considering eviction, it’s important to follow the legal process diligently and establish valid legal grounds. Common reasons include non-payment of rent, breach of lease terms, or the landlord’s need for the property for personal use. Before evicting your tenant, give written notice stating the reasons for eviction and the time frame within which the tenant should remedy the situation.

The Court Process of Evictions

If the tenant fails to comply with the notice, the landlord must apply to the local Magistrate’s Court or High Court for an eviction order. The court will consider the case based on the evidence provided and the merits of the situation. The landlord must prepare a Notice of Motion and Founding Affidavit outlining the reasons for eviction, any relevant evidence, and the steps taken to resolve the matter. It is best to make use of a Legal Practitioner (Advocate or Attorney) It’s important to ensure that the tenant receives copies of the court documents, including the Notice of Motion and Founding Affidavit, by legal requirements. This is typically done through a sheriff of the Court. Both parties will have the opportunity to present their cases at the court hearing. If you are the tenant and of the view that you are a lawful occupier, you should state so. The court will decide based on the evidence presented and the legal merits of the situation. If the court grants an eviction order, it will specify the date the tenant must vacate the premises.

After the Eviction Order is granted

Once the eviction is completed, the landlord can take possession of the property. The sheriff will execute the eviction order if the tenant does not comply voluntarily. Contact Advocate Muhammad Abduroaf if you require any assistance. [caption id="attachment_11554" align="alignnone" width="300"] Evictions in South Africa - Advocate Muhammad Abduroaf

Evictions in South Africa[/caption]

Posted on 11 February 2025 by Telelaw

Domestic violence case law South Africa
In all the years of dealing with the legalities of domestic violent situations, we have to find women and children to be the most vulnerable. It is by far, no coincidence that South Africa peaks the highest when it comes to domestic violence. Sadly. As we are aware of this, we encourage women to come forward and reassert their voice. Not only do we strive to educate women about their legal rights and position in society; but we aim to deliver professional legal services. Fortunately, we have made our website easily accessible when it comes to obtaining free, expert legal advice in a family legal matters. See our home page on: I am in a physically abusive relationship. Help from Abuse – you may find this scenario helpful. Find out how to make a domestic violence application in which we explain how to go about obtaining protection orders and interdicts. Do you know personally know of a child that may be in an unstable home with an abusive parent? According to the law, this is an utter violation of a child’s right to a safe environment. Our family legal expert clearly explains this as follows: Section 18 of the children’s act 38 of 38 2005 states the following: (1) A person may have either full or specific parental responsibilities or rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a Child, include the responsibility and the right- (a) To care for the child; (b) To maintain contact with the child; (c) To act as guardian of the child; and (d) To contribute to the maintenance of the child (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must (a) Administer and safeguard the child’s property and property interests; (b) Assist or represent the child in administrative, contractual and other legal Matters; or (c) Give or refuse any consent required by law in respect of the child, including- (I) consent to the child marriage (ii) Consent to the child adoption; (iii) Consent to the child departure or removal from the Republic; (iv) Consent to the child application for a passport; and (v) Consent to the alienation or encumbrance of any immovable property of the child. (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship. For more out more about The Law Regarding Children – The Children’s Act 38 of 2005, don’t hesitate to call our law offices on 021 424 3487 for an online appointment today!

Domestic Violence Act

The Domestic Violence Act 116 or 1198, was introduced to afford woman the right to protect themselves by which they can enforce their rights legally if they fear for their life. The Act highlights that domestic violence is a serious offense and should be taken serious. Victims of domestic violence, woman and children that is, can now stand up for themselves by virtue of a protection order or restraining order. Perpetrators can also face imprisonment as the Act recognizes domestic violence is a serious crime. Arrange for an online appointment for a professional legal consultation today and have the legal expert explain to you in context how your legal rights can be executed. Connect with us today!

The process – defending Protection Order in South Africa

First of all, a Protection Order or harassment order serves as a direct order from court which should be adhered to. Any violation of a court’s instruction can be legally detrimental. The court order granted, will only be suitable to the person suffering any form of violence or harassment. A Protection Order is mainly applicable in cases of domestic violence in which the perpetrator lives with the victim. In a case of harassment, the perpetrator is not living with the victim. This is where a harassment order comes in. The idea of the Order is to ensure that the violence/abuse do not recur and put a stop into it by restraining the offender doing the abuse or committing the violent acts. Below are brief steps outlined on how to go about obtaining a Protection Order at your local police station:

An affidavit must be made and an application form must be filled out. The application form can also be obtained online .
If you have a witness or confidante that knows about your abuse case, then you may want to take that person with you when obtaining a protection order.
The Court will then assess the application and will determine whether an Order is required.
Once the Court approves, only then will the Order have effect on the offender. Should the offender fail to adhere to the Order, the offender will be arrested.

Visit our domestic violence application page and see more on obtaining a Protection Order. Do you fear for your life? Make an online appointment with us today and have your legal rights asserted!

Posted on 11 February 2025 by Telelaw