Services

Road Accident Fund

This is a statutory body that provides cover to all road users within the borders of South Africa for damage suffered as the result of bodily injury or death directly related to a vehicle accident caused by a negligent road user. The Road Accident Fund does not handle payments for damage to property, only to persons. An injured party can claim compensation for damages suffered only if they were not 100% to blame for the accident. Even if they are partially to blame for the accident or injury suffered, they can therefore still claim some compensation.

Compensation is in relation to past and future medical expenses, past and future loss of income and/or earnings, and past and future loss of support, if the claimant is the dependant of a deceased victim from a vehicle accident. The Fund also pays compensation for general damages related to pain, suffering, and disfigurement. Keep in mind that general damages are only paid if the injuries sustained are serious. In addition, the RAF also pays for funeral expenses.

Maintenance and Pension fund

Generally, as step-parents do not have a legal duty to pay maintenance, a maintenance order cannot be made against them.The Maintenance Act states that the court may, at any time, subpoena anybody that can provide relevant information pertaining to the maintenance enquiry, and that could include a step-parent. Both parents have a duty to financially maintain their dependent children up to the age of 18, or up to age 23 if the child is in full-time education, or would be in full-time education if maintenance were being paid.

Pension funds are investment pools that pay for workers' retirements. Funds are paid for by either employees, employers, or both. There are two types of pension funds. The first, the defined benefit pension fund, is what most people think of when they say "pensions." The retiree receives the same guaranteed amount. The second, the defined contribution plan which the employee or employer contributed from the earnings.

Medical Negligence / Medical Malpractice

Medical malpractice is the breach of the duty of care by a medical provider or medical facility.On the other hand, medical negligence does not involve intent. Medical negligence applies when a medical provider makes a “mistake” in treating patient and that mistake results in harm to the patient.

There are however, a few exceptions to the, for instance inheritance and personal damages claims.

Administrative of Deceased Estate

Administering a deceased estate involves distributing assets to the beneficiaries after all debts have been settled. This process is regulated by law and is overseen by the Master of the High Court. We Determine whether the deceased left a Will, obtain the death certificate, identify the deceased's assets and liabilities. Apply for a Grant of Probate (if necessary) and gather in the deceased's assets. Make sure the deceased's debts are discharged and tax affairs are dealt with. It is important to report the death of a person within 14 days at the Master's office so that his assets can be safeguarded and the rightful beneficiaries can benefit from that deceased person's estate.

Unlawful Arrest and Detention

Fundamentally, an unlawful arrest infringes on many of a citizen's rights. Firstly, it is a gross violation of section 10 of the Constitution which recognises that everyone has inherent dignity and protects the right to have that dignity respected and protected.

False arrest is a common law tort, where a person whom his or her rights were violated alleges they were held in custody without probable cause.

Civil Litigation

In Civil Litigation, we represent either of the parties in a civil lawsuit. We manage all phases of the litigation from the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes.

Criminal Litigation

In criminal Litigation, we ensure that the rights of the accused person are taken into account before the accused is set to stand a Trial process. This could include assault, theft, and murder an all of the mentioned has to be investigated before an arrest could take place.

Debt collection and Recovery

We assist the creditor to recover consumer credit and loans that have not been paid back by a customer. Debt recovery is when a loan such as a credit card balance is outstanding.

Drafting of Contracts

This is the act of writing out the terms and details of the agreement, in order to outline the legal obligations of the two parties, so that they fully understand the terms of the agreement and their respective duties towards one another.

Labour Law and Dispuite Resolution

The Labour Relations Act of 1995 (LRA) makes it very easy for employees to challenge alleged unfair dismissals and other unfair practices at private or statutory dispute-resolution forums. There are also a number of statutory dispute-resolution forums established by the LRA that need to be ascertained.

Insurance Law

Insurance is a contract in which one party (the "insured") pays money (called a premium) and the other party promises to reimburse the first for certain types of losses (illness, property damage, or death) if they occur

Matrimonial Law and Divorce

There are two options available in South Africa for people or couple who wishes to enter into a marriage relationship, namely, marriage in Community of property and marriage out of community of property. The marriage Out of community of property is further subdivided into two with either the inclusion of the accrual system or without the accrual system.

Marriage in Community of Property

Being married in community of property basically means that all the assets and debts from before the marriage are shared in a joint estate between both spouses. Any assets, debts and liabilities acquired by either spouse after their marriage will then also added to this joint estate. There are however, a few exceptions to the, for instance inheritance and personal damages claims.

Marriage out of community of property with Accrual

After 1984, anyone entering into an Antenuptial Contract (ANC) that excludes community of property and community of profit and loss is automatically married under the accrual system. Spouses may, however, exclude the accrual system in their ANC, but if they do not do so expressly, the accrual applies. When the accrual is included, a spouse will be entitled to share in the growth of the two estates at divorce. This is to ensure that both spouses in a marriage gain a fair share of the estate once the marriage comes to an end.

The accrual system does not apply automatically to all marriages out of community of property. For the accrual system to apply, the ANC must be drafted in a certain way. The accrual system incorporates a calculation that is applied when the marriage is dissolved by divorce. The spouses will share the assets during the course of their marriage based on a particular calculation when the marriage is terminated.

Marriage out of community of property without Accrual

This matrimonial property regime involves an antenuptial contract (i.e. an agreement entered into before the marriage) where community of property and profit and loss are excluded. There is no joining of the spouses’ estates into one joint estate. Each spouse has his/her own separate estate, consisting of his/her premarital assets and debts, and all the assets and debts he/she acquires during the marriage. They each administer their own separate estates and have full and exclusive control over their own property.

By marrying out of community of property, the spouses choose to keep their estates separate and whatever assets and liabilities they individually had before the date of marriage will remain part of their separate estates. The spouses can, however, agree to include the accrual between them so that both spouses will share equally in the growth during the marriage of each other’s separate estates.