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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
- 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
- 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?
- 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 Durban, South Africa:
When hiring a lawyer in Durban, South Africa, it is essential to find a firm or attorney that specializes in the area of law that your issue falls under. You can start by researching law firms online, asking for recommendations from friends or family, or contacting the Law Society of South Africa for a list of qualified attorneys. Once you have a few options, meet with them for a consultation to discuss your case and determine if they are the right fit for you.
Why You May Need a Lawyer:
There are several situations where you may require legal help in Durban, South Africa, such as family law matters, criminal defense, property disputes, business contracts, and more. Having a skilled lawyer on your side can help protect your rights and navigate the complexities of the legal system.
Local Laws Overview:
Durban, South Africa, operates under the legal system derived from Roman-Dutch law, English common law, and customary law. Some key aspects of local laws to be aware of include the Constitution of South Africa, the Criminal Procedure Act, the Labor Relations Act, and the National Credit Act.
Frequently Asked Questions:
Q: How much does it cost to hire a lawyer in Durban, South Africa?
A: The cost of hiring a lawyer can vary depending on the complexity of your case, the experience of the attorney, and the fee structure they use. Some lawyers charge by the hour, while others may work on a contingency basis or offer fixed fees for certain services.
Q: How long does it take to resolve a legal issue in Durban, South Africa?
A: The timeline for resolving a legal issue can vary greatly depending on the nature of the case and the court's availability. Some cases may be settled quickly through negotiation, while others can take months or even years to reach a resolution.
Q: Can I represent myself in court without a lawyer in Durban, South Africa?
A: While it is possible to represent yourself in court, it is generally not recommended, especially for complex legal matters. A lawyer can provide valuable expertise, protect your rights, and ensure that your case is presented effectively.
Q: What qualifications should I look for when hiring a lawyer in Durban, South Africa?
A: When hiring a lawyer, look for someone who is licensed to practice law in South Africa, has experience in the relevant area of law, and has a good reputation within the legal community. It is also important to consider their communication style, fees, and availability.
Q: Are there any legal aid services available in Durban, South Africa?
A: Yes, there are legal aid services available in Durban, South Africa, for individuals who cannot afford to hire a private attorney. The Legal Aid Board provides legal assistance to those in need, subject to certain eligibility criteria.
Q: How can I file a complaint against a lawyer in Durban, South Africa?
A: If you have a complaint against a lawyer in Durban, South Africa, you can contact the KwaZulu-Natal Law Society to file a formal complaint. They will investigate the matter and take appropriate action if necessary.
Q: What should I expect during my initial consultation with a lawyer in Durban, South Africa?
A: During your initial consultation, the lawyer will listen to your case, ask questions to gather more information, and provide an overview of how they can assist you. This is also an opportunity for you to ask any questions and determine if you feel comfortable working with them.
Q: Can a lawyer help me with drafting legal documents in Durban, South Africa?
A: Yes, a lawyer can assist you with drafting legal documents such as contracts, wills, and agreements to ensure that they are legally sound and protect your interests. It is important to have a professional review and draft important documents to avoid any legal pitfalls.
Q: How can I verify a lawyer's credentials in Durban, South Africa?
A: To verify a lawyer's credentials in Durban, South Africa, you can check with the Law Society of South Africa to confirm that they are licensed to practice law and are in good standing. You can also ask the lawyer for references or look for reviews from past clients.
Q: What types of payment arrangements are common when hiring a lawyer in Durban, South Africa?
A: Common payment arrangements when hiring a lawyer in Durban, South Africa, include hourly rates, contingency fees (where the attorney only gets paid if you win your case), and fixed fees for certain services. It is essential to discuss payment terms with your lawyer upfront to avoid any misunderstandings.
Additional Resources:
For additional resources and assistance with legal matters in Durban, South Africa, you can contact the KwaZulu-Natal Law Society, the Legal Aid Board, or the Legal Practice Council. These organizations can provide valuable information and support for individuals in need of legal advice.
Next Steps:
If you find yourself in need of legal assistance in Durban, South Africa, take the time to research and find a reputable lawyer or law firm that specializes in your area of need. Schedule a consultation to discuss your case, ask questions, and ensure that you feel confident in their abilities to represent you effectively. Remember that having a skilled lawyer on your side can make a significant difference in the outcome of your legal matter.
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.