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Mvelase Attorneys
Carolina, South Africa

English
Mvelase Attorneys, based in Sandton, South Africa, is a distinguished law firm specializing in corporate and commercial legal services, as well as public and private law matters. The firm's expertise encompasses a broad spectrum of legal areas, including administrative and constitutional law,...
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South Africa Legal Questions answered by Lawyers

Browse our 25 legal questions in South Africa and the lawyer answers, or ask your own questions for free.

law suits
Cyber Law, Data Privacy and Data Protection
Hello:If someone has given out your home address and your next of kin’s address without your consent, you may have legal remedies under Philippine laws presuming this matter is within our jurisdiction.a.) You may consider filing a complaint for violation of the Data Privacy Act of 2012 (Republic Act 10173). The unauthorized disclosure of personal information such as your residential address and that of your family members can be considered as unauthorized processing and disclosure of personal and sensitive personal information. This can lead to both civil and criminal liability, with penalties including imprisonment and fines.b.) If the disclosure was done maliciously, in order to put you or your family in harm, you may also explore filing a complaint for unjust vexation or grave threats depending on the circumstances under the Revised Penal Code.c.) If the disclosure was made publicly and has already caused damage to your reputation or safety, you may also pursue damages under Article 19, 20, and 21 of the Civil Code of the Philippines for violation of your rights and for damages suffered.d.) If you can prove that the disclosure exposed you or your family to risk or harassment, you may also request a protection order or file for injunction to prevent further unlawful disclosures.Given the sensitivity of your situation, it is important to gather evidence such as screenshots, messages, or witness statements showing who disclosed your address and in what context. These will support your legal action.We at Recososa Law Firm can assist you in assessing the best course of action, drafting the necessary complaint or civil suit, and representing you in court or before the National Privacy Commission. We have offices in Luzon, Visayas, and Mindanao. We can schedule an initial consultation via Google Meet or Zoom call, or you may also come for a physical consultation at our office. You may email us at recososalawfirm@gmail.com and indicate that you are a client from LawZana, or call or text us at +639175046510.If this answers your concern, I hope it is not too much to ask to like and share our Facebook page and Google page below. This will surely inspire us to do more of this here: Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirm Sincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp:   +63-917-504-6510
Kidnapping and murder
Criminal Defense
Hello: Thank you for sharing this concern. Presuming this is within Philippine jurisdiction, a conviction for such a serious crime like murder and kidnapping may still be challenged through the proper remedies provided by law. Based on your narration that there is no corpus delicti or body of the crime, no death certificate, and that the conviction relied heavily on inconsistent witness statements, your brother and his wife may still seek relief. a.) They can file an appeal with the Court of Appeals under Rule 41 of the Rules of Court, raising serious errors of fact or law, particularly the insufficiency of evidence. Conviction without proof beyond reasonable doubt violates their constitutional right to due process. b.) If the decision of the Court of Appeals affirms the conviction, the remedy is to elevate the case to the Supreme Court via a petition for review on certiorari under Rule 45, raising questions of law, including whether the conviction is void for lack of corpus delicti and inconsistencies in the prosecution’s evidence. c.) They may also consider filing an application for bail pending appeal in exceptional cases if circumstances warrant, though this is difficult for capital offenses, it may be argued if the prosecution’s evidence is indeed weak. d.) If new and material evidence surfaces that could not have been discovered during trial and would probably change the outcome, a petition for new trial under Rule 121 may be filed. Given the gravity of the situation, immediate legal representation is very important to ensure deadlines for appeal are not missed. Our firm, Recososa Law Firm, handles criminal defense including post-conviction remedies. We have offices in Luzon, Visayas and Mindanao, and we can schedule an initial consultation via Google Meet or Zoom call, or a physical consultation at our office. You may send us an email at recososalawfirm@gmail.com and kindly indicate that you are a client from LawZana. Alternatively, you may also call or text us at +639175046510. If this answers your question to your satisfaction, I hope it is not too much to ask to please like and share our Facebook page and leave us a review on our Google page below, as this will surely inspire us to do more of this kind of assistance: Google Page:https://g.page/r/CW7ozgJGLkAMEAI/review Facebook Page:https://www.facebook.com/RecososaLawFirm Sincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp:   +63-917-504-6510
Can we evict tenants of our property if it is sold?
Landlord & Tenant
Hello:Under Philippine law, the rights of both the property owner and the tenants are governed mainly by the Civil Code and the Rent Control Act (if applicable depending on the rental amount). Since you mentioned that the tenants are not paying rent or deposit, they are already in breach of their lease contract. In such case, you have legal grounds to demand their eviction.a.) Non payment of rent is one of the valid causes to eject a tenant under Article 1673 of the Civil Code. The law recognizes the owner’s right to repossess the property once the lessee fails to comply with his obligation. b.) Even if you sold the property, the new owner generally respects the lease if it is valid and binding. However, because in your situation there is no payment of rent, you or the buyer can institute an ejectment case (unlawful detainer) before the Municipal Trial Court to legally remove them.c.) Since you already gave them notice but they still refuse to vacate, the remedy is to file an ejectment case in court. Self help or forcibly evicting them without a court order is not advisable as it may expose you to counterclaims. We at Recososa Law Firm handle these kinds of cases regularly. We can assist you in preparing the demand letter, filing the unlawful detainer case, and representing you until you legally recover possession of your property. We have offices in Luzon, Visayas and Mindanao, and we can schedule an initial consultation via Google Meet or Zoom call, or you may visit our office physically. You may send us an email at recososalawfirm@gmail.com and indicate that you are a client from LawZana. Alternatively, you can also call or text us at +639175046510.If this answers your concern, I hope it is not too much to ask to like and share our Facebook page and Google page below. This will surely inspire us to do more of this here:Google Page:https://g.page/r/CW7ozgJGLkAMEAI/review Facebook Page:https://www.facebook.com/RecososaLawFirm Sincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp:   +63-917-504-6510

About Hiring a Lawyer in Carolina, South Africa

If you are looking to hire a lawyer in Carolina, South Africa, the process usually starts with identifying your specific legal needs-for example, whether you require assistance with criminal defense, family law, property matters, or business-related issues. You can find lawyers in Carolina by searching professional directories, contacting the Mpumalanga Provincial Law Society, or through referrals from friends or colleagues. Once you have identified a potential lawyer or law firm, you should arrange a consultation to discuss your case, fees, and the lawyer's experience in handling similar matters. Legal fees can vary, so it's important to clarify the cost and any payment arrangements upfront.

Why You May Need a Lawyer

People in Carolina may need legal assistance for a variety of reasons. Common situations include:

  • Buying or selling property (conveyancing)
  • Drafting or updating wills and handling estates
  • Family law issues such as divorce, child custody, and maintenance
  • Facing criminal charges or needing criminal defense
  • Employment disputes or wrongful dismissal claims
  • Starting a business or entering into contracts
  • Resolving civil disputes
  • Dealing with debts or insolvency
  • Pursuing personal injury or insurance claims
  • Accessing government services or appealing administrative decisions

A lawyer can help you understand your rights, navigate complex legal processes, represent you in court, and work towards the best possible outcome.

Local Laws Overview

Carolina is situated in the Mpumalanga province of South Africa and is subject both to South African national law and provincial by-laws. Key areas of law that frequently affect residents and businesses in Carolina include:

  • Property Law: Governed primarily by national statutes, but local rates, zoning, and land use regulations are set by the Mkhondo Local Municipality.
  • Family Law: South African law covers marriage, divorce, and maintenance, with courts in Mpumalanga having jurisdiction over such matters.
  • Criminal Law: Cases are prosecuted according to the national Criminal Procedure Act, but matters are heard in local courts.
  • Employment Law: Employment is regulated by national acts like the Basic Conditions of Employment Act and Labour Relations Act, and disputes are often resolved through the Commission for Conciliation, Mediation and Arbitration (CCMA).
  • Consumer and Contract Law: South Africa’s Consumer Protection Act and National Credit Act apply, providing protections for consumers and regulating how contracts should be formed.

Understanding the intersection of national and local laws is crucial, and a local lawyer will be familiar with both.

Frequently Asked Questions

How do I find a reputable lawyer in Carolina?

You can consult the attorneys' register maintained by the Legal Practice Council or visit the local branch of the Mpumalanga Provincial Law Society. Personal recommendations are also helpful.

What should I bring to my first meeting with a lawyer?

Bring all relevant documents related to your case, such as contracts, correspondence, identification, and any legal papers received, as well as a list of questions or concerns.

How are legal fees calculated in Carolina?

Fees can be charged per hour, per service (fixed fee), or as a percentage of an amount awarded or recovered (contingency fee, if allowed). Always discuss and confirm the fee structure in writing before proceeding.

Can I get free legal advice in Carolina?

Some organizations and legal aid services provide free or subsidized legal assistance based on your income and the nature of your case. For example, the Legal Aid South Africa offers such services.

What if I can’t afford a lawyer?

You may qualify for help from Legal Aid South Africa or other pro bono services. Some lawyers may also offer payment plans.

How long does it take to resolve a legal matter?

The timeline depends on the complexity of the matter, type of law involved, and court schedules. Straightforward matters may be resolved quickly, while contested or complicated cases can take months or longer.

Can I change my lawyer after hiring one?

Yes, you have the right to change your lawyer at any stage. However, you may be required to pay for work already done.

Will I have to go to court?

Not always. Some matters can be settled out of court through negotiation or mediation, but some disputes or criminal charges do require court appearances.

How do I know if my lawyer is licensed?

You can confirm a lawyer’s credentials by checking with the Legal Practice Council or the Mpumalanga Provincial Law Society.

Are consultations with a lawyer confidential?

Yes, lawyers are bound by law to maintain client confidentiality, meaning your discussions and information are private.

Additional Resources

The following resources and organizations can provide guidance or assistance for those seeking legal advice in Carolina, South Africa:

  • Department of Justice and Constitutional Development - Information on courts, rights, and legal procedures
  • Legal Aid South Africa - Free or affordable legal services based on eligibility
  • Legal Practice Council - Find qualified attorneys and get information on regulations
  • Mkhondo Local Municipality Offices - For matters involving local by-laws and municipal issues
  • Commission for Conciliation, Mediation and Arbitration (CCMA) - For employment disputes

Next Steps

If you need legal advice or representation in Carolina, take these steps:

  1. Identify your legal issue and collect all relevant documents.
  2. Search for a qualified lawyer using resources such as the Legal Practice Council, Legal Aid South Africa, or local recommendations.
  3. Schedule a consultation to discuss your matter, clarify costs, and determine the suitability of the lawyer for your case.
  4. If applicable, inquire about legal aid or pro bono services if you cannot afford private legal fees.
  5. Stay involved and informed throughout your legal process; ask questions and make sure you understand your rights and responsibilities.

Remember, early legal advice can help you avoid costly mistakes and ensure your rights are protected.

Lawzana helps you find the best lawyers and law firms in Carolina through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Carolina, South Africa - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.