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South Africa Legal Questions answered by Lawyers

Browse our 59 legal questions in South Africa and read the lawyer answers, or ask your own questions for free.

Can I apply for leave to appeal an eviction order from the Magistrate Court if I missed the 14-day deadline?
Real Estate Appeal
The Magistrate ruled against me in an eviction hearing three weeks ago, but my former attorney failed to note the appeal in time. I have valid proof that the lease cancellation was unlawful and need to know if I can apply for condonation to take this to the High Court.... Read more →
Lawyer answer by mohammad mehdi ghanbari

This depends on the country and court rules, but if this is South Africa, you should act urgently. Three weeks may still fall within the appeal period if calculated in court days, but do not assume that it does. Instruct...

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1 answer
Assault GBH
Criminal Defense
My father was arrested for assault GBH. The complainant is his brother. There have been arguments and fights, and my father says he was retaliating. The complainant attended court in a wheelchair, although we believe he is able to walk.
Lawyer answer by mohammad mehdi ghanbari

GBH is a serious allegation. The prosecution must prove the precise offence charged and that your father unlawfully caused really serious injury, with the required intent or recklessness. The medical evidence, photographs, witnesses, body-worn video, calls and any CCTV will...

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Assault GBH
Criminal Defense
My father was arrested for assault GBH. The complainant is his brother. The brother starts arguments and fights, and when my father retaliates he claims to be the victim. He showed up in court today in a wheelchair for sympathy, yet he can walk.
Lawyer answer by mohammad mehdi ghanbari

Your father needs to deal with this strictly through his solicitor. GBH is a serious allegation, and the court will focus on evidence, injuries, intent, self-defence, and whether the force used was reasonable in the circumstances. He should not try...

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South Africa Legal Articles

Browse our 83 legal articles in South Africa written by expert lawyers.

B-BBEE in South Africa: Trust Ownership vs Sale of Assets
Corporate Governance
South African businesses and multinationals that want to earn B-BBEE Ownership points without selling direct corporate equity to third-party investors typically choose between an Employee Share Ownership Trust (ESOP/BBOS) and a Sale of Assets under Statement 102. Setting up an employee trust transfers 25.1% to 51% of local operating equity... Read more →
What to Do If a Customer Sues Your South African Business
Being sued by a customer is a stressful milestone for any South African business owner, but it does not have to be catastrophic. Whether the dispute arises from a defective product or a service disagreement, the way you respond in the first 10 days will largely determine the financial and... Read more →
Repatriating Profits: South Africa Foreign Investment Laws
International Trade Law
Repatriating Profits: Foreign Investment Laws in South Africa South Africa offers a sophisticated legal framework for international investors, but the movement of capital across its borders is strictly governed by the South African Reserve Bank (SARB). Navigating these regulations is essential for any foreign-owned entity looking to return profits to... Read more →

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