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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 Meyerton, South Africa
Navigating legal matters can be complex, whether for personal, family, or business issues. In Meyerton, South Africa, hiring a lawyer typically involves identifying the area of law your issue falls under-such as family law, property law, criminal defense, or civil litigation-then searching for a legal professional who specializes in that field. Once you have a list of potential lawyers or law firms, you should request consultations to discuss your situation, understand the legal advice offered, and get clarity on fees. The process also involves confirming the lawyer's credentials and experience, often through the Legal Practice Council or personal referrals.
Why You May Need a Lawyer
Residents in Meyerton may require legal assistance for a variety of reasons. Common situations include:
- Property sales and purchases, including reviewing agreements and handling transfers
- Divorces, child custody, and maintenance proceedings
- Drafting or contesting wills and handling deceased estates
- Defending against criminal charges or dealing with traffic offenses
- Contract drafting and enforcement for businesses
- Dispute resolution, either through litigation or mediation
- Labour disputes including wrongful dismissal or workplace grievances
- Claims against local government or service providers
- Assisting with immigration and residency matters
- Protection orders and domestic violence matters
Local Laws Overview
Meyerton is situated in the Midvaal Local Municipality within Gauteng province, South Africa. The laws applicable here are based on South African national legislation, but local bylaws may also apply. The main legal instruments include:
- Constitution of South Africa - the supreme law, protecting basic rights and guiding all other laws
- Labour Relations Act and Basic Conditions of Employment Act - important for employment-related disputes
- South African Police Service Act and Criminal Procedure Act - relevant for criminal matters
- Deeds Registries Act - governs property transfers
- Municipal bylaws - such as building regulations, land use, and property taxation specific to Meyerton
- Family law statutes - including the Divorce Act, Children’s Act, and Maintenance Act
It is important to seek a lawyer familiar with both national and local legislation when seeking legal help in Meyerton.
Frequently Asked Questions
How do I find a reputable lawyer in Meyerton?
Start by searching the Legal Practice Council’s database, asking for recommendations, or checking with community organizations. Always check the lawyer's credentials and experience before making a decision.
What documents should I bring to my first meeting?
Bring all documents related to your case, including correspondence, contracts, identity documents, and any previous legal notices you have received.
How are legal fees structured in Meyerton?
Lawyers may charge hourly rates, fixed fees, or contingency fees, depending on the nature of the case. Always discuss and agree on fees before work begins.
Can I get free legal advice in Meyerton?
Some legal clinics, non-governmental organizations, and the Legal Aid Board provide free or subsidized legal services to qualifying individuals.
What should I expect during my consultation?
Your lawyer will listen to your situation, ask detailed questions, advise on your legal position, and propose potential ways forward. This is also your opportunity to ask questions about their approach and fees.
Do law firms in Meyerton handle both criminal and civil cases?
Some lawyers specialize in either criminal or civil law, while others may offer broad services. Inquire about your lawyer's expertise to ensure they are suited to your needs.
How long will my case take to resolve?
Timelines vary depending on the complexity of the case, the court's schedule, and the willingness of all parties to settle. Your lawyer should provide an estimated timeline once they understand your matter.
Can I change lawyers if I am unhappy with the service?
Yes, you are entitled to change lawyers at any stage, though you may be responsible for fees incurred up to that point. Request your case file and provide written notice if you wish to switch.
Is confidentiality guaranteed when speaking to a lawyer?
Yes, lawyers are bound by strict rules of client confidentiality. Information you disclose remains private unless you authorize its release or the law requires disclosure.
How do I lodge a complaint about a lawyer?
You can file a formal complaint with the Legal Practice Council, the regulatory body that oversees lawyers in South Africa.
Additional Resources
- Legal Practice Council: - For free or subsidized legal assistance
- Midvaal Local Municipality: - For reporting crimes or seeking police assistance
- Department of Justice and Constitutional Development:
Lawzana helps you find the best lawyers and law firms in Meyerton 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 Meyerton, 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.