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R.N. ATTORNEYS
Phoenix, South Africa

English
R.N. ATTORNEYS, based in Durban, KwaZulu-Natal, offers a comprehensive range of legal services to individuals and businesses. Their areas of expertise include civil law, labour law, divorce, estates, wills, criminal law, and mediation. The firm's attorneys possess extensive experience in defending...
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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 Phoenix, South Africa

Phoenix is a vibrant suburb located north of Durban, within the KwaZulu-Natal province in South Africa. If you’re faced with a legal issue here, hiring a qualified attorney is the recommended course of action to ensure your rights and interests are protected. Most law firms in Phoenix specialize in areas such as family law, property disputes, criminal defense, and civil litigation. The general process involves identifying your specific legal needs, contacting a law firm for an initial consultation (which may be free or charged), and then formally appointing your chosen lawyer by signing a mandate or contract.

When seeking legal assistance, it’s important to choose a lawyer registered with the Law Society of South Africa, and who is experienced in the area relevant to your case. Good law firms will provide a written cost breakdown and keep you informed throughout your legal journey.

Why You May Need a Lawyer

Residents of Phoenix may require legal services for a variety of situations, including:

  • Family Matters: Divorce, child custody, or maintenance issues are common reasons for seeking legal representation.
  • Property Disputes: Challenges with buying, selling, or inheriting property, as well as eviction matters, often necessitate a lawyer’s guidance.
  • Criminal Defense: If you are accused of a crime-from minor offenses to serious charges-a lawyer can defend your rights.
  • Labour Issues: Unfair dismissal, workplace discrimination, or disputes over employment conditions can be navigated with legal help.
  • Contract Disputes: Business transactions and personal contracts sometimes need legal review or enforcement.
  • Wills and Estates: Drafting a will, resolving inheritance matters, or contesting an estate requires specialized legal knowledge.
  • Debt Collection and Consumer Rights: Lawyers assist in recovering monies owed or protecting consumers against unfair practices.

Even matters that seem straightforward, such as signing important agreements, can benefit from a legal review to avoid pitfalls.

Local Laws Overview

South Africa operates under a mixed legal system influenced by Roman-Dutch and English law. While most laws are national, local nuances in application often pertain to municipal bylaws and regional court rulings.

  • Family Law: Governed by the Children’s Act, Divorce Act, and Maintenance Act, these laws ensure the rights and welfare of families and children are prioritized.
  • Property Law: Buying, selling, or leasing in Phoenix is subject to both the Deeds Registries Act and municipal zoning regulations.
  • Criminal Law: The South African Police Service (SAPS) and local Magistrate’s Courts deal with criminal complaints and prosecutions. Bail, legal aid, and representation are entrenched rights for accused persons.
  • Labour Law: The Basic Conditions of Employment Act and Labour Relations Act protect workers’ rights and outline employer obligations.
  • Customary Law: Particularly relevant in KwaZulu-Natal, customary law and traditional leadership may play a role in certain family and land matters.

For Phoenix residents, engagement with local government (eThekwini Municipality) is important for property, business, and community-related legal issues.

Frequently Asked Questions

How do I find a reputable lawyer in Phoenix?

You can consult the Law Society of South Africa for accredited practitioners or seek referrals from community members and organizations.

What should I expect to pay for legal services?

Costs vary depending on the complexity of your case. Initial consultations may be free or involve a nominal fee, while ongoing services are usually billed hourly or at a fixed rate. Always request a written fee agreement.

Can I get free legal advice in Phoenix?

Yes, certain organizations such as Legal Aid South Africa offer free or subsidized legal assistance to those who qualify based on income and the nature of the legal issue.

How do I know if my lawyer is qualified?

Ensure your lawyer is registered with the Legal Practice Council or an equivalent governing body. You can ask for their registration details or check online directories.

What documents do I need when meeting my lawyer?

Bring all relevant documents, such as personal identification, contracts, written communications, court notices, and any evidence pertaining to your matter.

How long will my legal issue take to resolve?

Timeframes differ widely based on the type and complexity of your issue. Simple matters may resolve quickly, while contested cases can take months or years.

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

First, discuss your concerns directly with your lawyer. If unresolved, you can file a formal complaint with the Legal Practice Council.

Are there lawyers who speak my home language?

Many Phoenix attorneys are multilingual and can assist in English, isiZulu, or other local languages. Ask your prospective lawyer about language options.

Will my information be kept confidential?

Yes. Attorneys in South Africa are bound by strict confidentiality and ethics rules, ensuring your matters remain private.

Can a lawyer represent me in any type of court?

Most attorneys can appear in Magistrate’s Courts and regional courts; for higher courts, specialized advocates may be required. Your lawyer can advise or arrange further representation.

Additional Resources

  • Department of Justice and Constitutional Development - For legal information, court services, and justice support.
  • Legal Aid South Africa - Provides free legal services for those who qualify.
  • Legal Practice Council - For lawyer accreditation and consumer complaints.
  • eThekwini Municipality Offices - For municipal bylaws, property issues, and local services.
  • Community Advice Offices - Local NGOs often provide initial guidance or refer you to legal professionals.

Next Steps

If you require legal advice or representation in Phoenix, South Africa, take these steps:

  1. Identify the nature of your legal issue and gather any related documentation.
  2. Contact a qualified lawyer or a local law firm with expertise relevant to your matter.
  3. Request an initial consultation and enquire about costs and possible outcomes.
  4. If you cannot afford private legal services, apply for assistance through Legal Aid South Africa or approach community advice offices.
  5. Once you’ve chosen a lawyer, ensure you understand and sign a written mandate agreement detailing fees, responsibilities, and communication protocols.
  6. Maintain open communication with your legal advisor and provide all necessary information to support your case.
  7. If concerns arise, address them early with your lawyer or the Legal Practice Council.

Taking these steps can help ensure you have the right support to navigate your legal matters confidently and effectively within Phoenix, South Africa.

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