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Shenaaz B Habib & Co (Chatsworth)
Chatsworth, South Africa

Founded in 1996
English
Shenaaz B Habib & Co (Chatsworth) is a distinguished law firm based in Chatsworth, South Africa, recognized for its comprehensive legal expertise across various practice areas. The firm offers specialized legal services including attorney referral, criminal justice representation, divorce...
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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 Chatsworth, South Africa

Hiring a lawyer in Chatsworth, South Africa typically involves several steps designed to ensure you find the right legal assistance for your needs. Lawyers in Chatsworth are qualified professionals who can represent you in court, give legal advice, and handle a range of legal matters. The process usually starts with identifying your legal issue, researching or seeking referrals for reputable law firms or attorneys, and attending an initial consultation. During this consultation, you will be able to discuss your issue, get a sense of how the lawyer can assist, and inquire about their experience and fees. Once you are comfortable with your choice, you will formally engage the lawyer through a written agreement that outlines the scope of their services and fee structure.

Why You May Need a Lawyer

There are many situations in Chatsworth where hiring a lawyer is advisable or necessary. Common reasons people seek legal help include:

  • Criminal matters: If you are accused of a crime or need to defend your rights.
  • Civil disputes: Issues relating to contracts, property, damages, or personal injury.
  • Family law: Matters involving divorce, child custody, maintenance, adoption, or domestic violence.
  • Wills and estates: Drafting or contesting wills, handling deceased estates, inheritance issues.
  • Labour and employment: Dismissal, workplace disputes, unfair labour practices, or contracts.
  • Property issues: Buying/selling property, evictions, or resolving property disputes.
  • Business matters: Registering companies, drafting contracts, or negotiating mergers and acquisitions.
  • Traffic offences: Representation in criminal traffic violations or accidents.

Even if your issue does not appear serious at first, consulting a lawyer early can prevent bigger legal problems later.

Local Laws Overview

Chatsworth is subject to both national South African laws and the specific bylaws of the eThekwini Municipality. Understanding the structure is helpful:

  • South African Constitution: The supreme law that protects individual rights and governs all government action.
  • Criminal law: Cases are prosecuted by the state with the help of the South African Police Service and the National Prosecuting Authority.
  • Civil law: Disputes between individuals or organizations are handled in Magistrate’s Courts or the Durban High Court, depending on the matter's seriousness.
  • Family law: Child protection, divorce, and support cases are often heard at Magistrate’s Courts or Children's Courts.
  • Labour law: Governed by the Labour Relations Act and Basic Conditions of Employment Act, with disputes often resolved through the CCMA (Commission for Conciliation, Mediation and Arbitration).
  • Municipal bylaws: Cover zoning, housing, health, and other local matters. Bylaws are enforced by the eThekwini Municipality.

Hiring a local lawyer is important because they understand both the nuances of local bylaws and the procedures of nearby courts and legal authorities.

Frequently Asked Questions

How do I find a qualified lawyer in Chatsworth?

You can ask for recommendations, search the Legal Practice Council’s database, or check with local law firms in Chatsworth. Ensure the lawyer is registered with the Legal Practice Council of South Africa.

Do lawyers in Chatsworth offer free consultations?

Some lawyers or firms may offer an initial consultation at no charge, but this varies. Always confirm consultation fees prior to your appointment.

How are legal fees typically structured?

Fees can be hourly, a fixed rate for certain services, or a contingency fee in personal injury matters. Always request a written fee agreement.

What documents should I bring to my first meeting?

Bring all documents related to your legal issue, such as contracts, correspondence, identification, and any court papers. Being prepared helps the lawyer assess your case quickly.

What if I can’t afford a lawyer?

You may be eligible for help from Legal Aid South Africa if you meet certain financial criteria. Legal Aid offers free or subsidized legal services to those who cannot afford private lawyers.

Are there lawyers specializing in specific legal areas in Chatsworth?

Yes, many lawyers and law firms specialize in fields such as criminal, family, labour, civil, or property law. Ask about their expertise during your initial inquiry.

How long does it take to resolve legal matters?

Timelines depend on the complexity and type of case. Simple matters may resolve in weeks, while others-like contested divorces or property disputes-can take months or longer.

Can lawyers represent me in any South African court?

Most attorneys can appear in lower (Magistrate’s) courts; for High Court representation, you may need an attorney with right of appearance or an advocate (barrister).

What should I do if I am unhappy with my lawyer?

First, discuss your concerns with your lawyer. If unresolved, you may file a complaint with the Legal Practice Council, which regulates legal professionals in South Africa.

Is my discussion with a lawyer confidential?

Yes. Lawyers are bound by strict confidentiality rules and cannot disclose your information without your consent, except in very limited circumstances.

Additional Resources

  • Legal Practice Council: The regulatory authority for all attorneys and advocates. https://lpc.org.za/
  • Legal Aid South Africa: Provides free or affordable legal assistance for qualifying cases. https://legal-aid.co.za/
  • South African Police Service (SAPS): For criminal matters, reporting crimes, or obtaining affidavits. https://www.saps.gov.za/
  • eThekwini Municipality: For information on local bylaws, property matters, and municipal services. https://www.durban.gov.za/
  • Commission for Conciliation, Mediation and Arbitration (CCMA): For labour/employment disputes. https://www.ccma.org.za/

Next Steps

If you need legal assistance in Chatsworth, start by carefully identifying your specific legal problem. Gather all relevant documents and information pertaining to your issue. Decide whether you require legal advice, full representation, or simply assistance with documentation. Reach out to local law firms, the Legal Practice Council, or Legal Aid South Africa to find a suitable attorney. Schedule a consultation to discuss your case, potential outcomes, and costs. Make sure you feel comfortable with the lawyer’s approach before formally appointing them. If affordability is a concern, explore free or subsidized services, and always ensure your legal advisor is fully qualified and registered to practice in South Africa. By following these steps, you will be well-prepared to navigate the legal system and protect your rights or interests in Chatsworth.

Lawzana helps you find the best lawyers and law firms in Chatsworth 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 Chatsworth, 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.