Best Lawyers in Gillitts

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Founded in 2024
English
Golding Venniker Attorneys, Notaries and Conveyancers, located in Gillitts, South Africa, offers specialized legal services in conveyancing, estate planning, and real estate law. Their conveyancing and property law services encompass property transfers, subdivision registration, sectional title...
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South Africa Legal Questions answered by Lawyers

Browse our 24 legal questions in South Africa and the lawyer answers, or ask your own questions for free.

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
Brother change my mothers will and i was her caretaker and was the only one that works with the money
Will & Testament
Elder Law
I can share my professional opinion with you.You can contact me on WhatsApp: +38970704335Regards,

About Hiring a Lawyer in Gillitts, South Africa

Gillitts is a suburban area in KwaZulu-Natal, situated near Durban. When seeking legal advice or representation here, the process generally starts with identifying qualified attorneys or law firms that operate within or near Gillitts. South African lawyers, also called attorneys or advocates, must be registered with the Legal Practice Council (LPC). When hiring a lawyer, it’s advisable to check their credentials, experience, and area of expertise. Clients typically consult with potential lawyers, discuss the legal issue, agree on fees (which can be hourly or case-based), and then sign a mandate for representation or advice. Many lawyers offer initial consultations, which may be free or charged at a reduced rate.

Why You May Need a Lawyer

There are various circumstances where individuals and businesses in Gillitts may require legal assistance. Common scenarios include:

  • Property Transactions: Buying or selling property often requires legal assistance for conveyancing and ensuring the transaction is lawful.
  • Family Law Matters: Divorce, child custody, maintenance, and protection orders are managed through legal professionals.
  • Wills and Estates: Drafting wills, managing deceased estates, and estate planning commonly require an attorney’s expertise.
  • Employment Disputes: Issues relating to unfair dismissal, workplace discrimination, or disputes over contracts may necessitate legal representation.
  • Business Law: Company formation, contract drafting, and dispute resolution are typical reasons for business owners to seek legal counsel.
  • Civil and Criminal Matters: From personal injury claims to criminal defence, lawyers ensure your rights are protected in court proceedings.
  • Municipal or Regulatory Issues: Planning permissions, by-law infringements, or interactions with local authorities often benefit from legal guidance.

Local Laws Overview

Gillitts falls under the eThekwini Metropolitan Municipality and adheres to South African national and KwaZulu-Natal provincial laws. Key legal areas often relevant to residents and businesses include:

  • Property and Land Use: All property transactions must comply with municipal zoning, land use regulations, and national property law.
  • Marriage and Divorce: Marriages, civil unions, and divorces are regulated by national statutes such as the Marriage Act and Divorce Act.
  • Civil Disputes: Small claims can be resolved via the Small Claims Court, while larger civil issues go through the Magistrate’s or High Court.
  • Labour Law: The Labour Relations Act and Basic Conditions of Employment Act protect employee rights and govern workplace disputes.
  • Criminal Law: The South African Police Service (SAPS) and local courts handle offences from minor by-law infringements to serious crimes.
  • Customary and Traditional Law: Recognized for relevant communities, particularly regarding family and inheritance matters.

Legal professionals in Gillitts are well-versed in these laws, local by-laws, and the specific requirements of the eThekwini municipality.

Frequently Asked Questions

Do lawyers in Gillitts handle both civil and criminal cases?

Yes, most attorneys in Gillitts can represent clients in both civil and criminal matters or will refer you to a specialist (such as an advocate) if required.

How do I know if a lawyer is qualified?

Check that the lawyer is registered with the Legal Practice Council, which ensures compliance with South African legal standards and ethics.

What should I bring to my first consultation?

Bring all relevant documents related to your matter, such as contracts, letters, court papers, or identification documents.

Are there free legal services available in Gillitts?

Some attorneys may offer free initial consultations. Legal Aid South Africa provides assistance to those who qualify financially.

How are legal fees charged?

Fees may be charged hourly, per consultation, or as a lump sum per case. Get a written costs agreement before proceeding.

Do I need a lawyer for property transfers?

Yes, property transfers require a conveyancing attorney to ensure the process is legally compliant and the property is correctly registered.

Can lawyers help with wills and deceased estates?

Yes, attorneys assist with drafting wills, winding up deceased estates, and providing estate planning services.

What if I am unhappy with my lawyer’s service?

You can raise your concerns directly with the attorney, and if unresolved, file a complaint with the Legal Practice Council.

Can I get legal help for a small claim?

Small claims courts are designed for claims up to R20,000 and generally do not allow legal representation in hearings, but lawyers can advise you before proceedings.

How do I find a reputable lawyer in Gillitts?

Word of mouth, the Legal Practice Council’s website, or local directories can help. Verify credentials and read client reviews when available.

Additional Resources

  • Legal Practice Council (LPC): Regulates the legal profession and maintains a directory of registered attorneys. https://lpc.org.za
  • Legal Aid South Africa: Offers free legal assistance to qualified individuals. https://legal-aid.co.za
  • eThekwini Municipality: Provides access to municipal by-laws and services. https://www.durban.gov.za
  • Department of Justice and Constitutional Development: Resource for information on courts, legal processes, and public services. https://www.justice.gov.za
  • South African Police Service (SAPS): For reporting criminal matters. https://www.saps.gov.za

Next Steps

If you require legal assistance in Gillitts, South Africa, consider the following steps:

  1. Identify the nature of your legal issue to find a lawyer with the appropriate expertise.
  2. Search for local law firms or attorneys registered with the Legal Practice Council.
  3. Arrange initial consultations to discuss your matter, understand potential solutions, and obtain a clear fee structure.
  4. Prepare all relevant documentation and be ready to explain your situation in detail.
  5. Make sure to enter into a written agreement with your lawyer regarding the scope of work and fees.
  6. If eligible, inquire about the assistance from Legal Aid South Africa or other public legal clinics.
  7. Maintain clear communication with your lawyer throughout the process and request regular updates on your matter.

Seeking legal advice can be a straightforward process with the right planning and preparation. Using reputable professionals and official resources ensures your rights are protected and your legal issues are properly managed.

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