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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 Randburg, South Africa:
When seeking legal advice in Randburg, South Africa, it is important to find a reputable and experienced lawyer who specializes in the area of law related to your case. You can start by researching law firms in the area, reading reviews, and scheduling consultations to discuss your legal needs.
Why You May Need a Lawyer:
There are various situations where you may require the assistance of a lawyer in Randburg, South Africa, such as divorce proceedings, drafting of wills, property disputes, criminal defense, and business law matters. A lawyer can provide legal guidance, represent you in court, and help you navigate the complexities of the legal system.
Local Laws Overview:
In Randburg, South Africa, lawyers are well-versed in the country's legal system, which is based on a combination of common law, statutory law, and customary law. Some key aspects of local laws that are particularly relevant to lawyers in Randburg include labor law, property law, family law, and criminal law.
Frequently Asked Questions:
1. How do I find a reputable law firm in Randburg?
You can start by asking for recommendations from friends or colleagues, researching online, and scheduling consultations with potential law firms.
2. What is the typical cost of hiring a lawyer in Randburg?
The cost of hiring a lawyer in Randburg can vary depending on the complexity of your case, the lawyer's experience, and the billing structure. It is important to discuss fees and payment options upfront.
3. How long does it take to resolve a legal matter in Randburg?
The timeline for resolving a legal matter in Randburg depends on the nature of the case and the court's schedule. Your lawyer can provide an estimate based on the specifics of your situation.
4. Can I represent myself in court in Randburg?
While it is possible to represent yourself in court in Randburg, it is advisable to seek legal representation to ensure your rights are protected and your case is presented effectively.
5. What should I bring to my first meeting with a lawyer in Randburg?
You should bring all relevant documents related to your case, as well as any questions or concerns you may have. Your lawyer will need this information to assess your situation properly.
6. What should I expect during the legal process in Randburg?
Your lawyer will guide you through each step of the legal process, including gathering evidence, filing paperwork, negotiating settlements, and representing you in court if necessary.
7. How can I communicate with my lawyer in Randburg?
You can communicate with your lawyer in Randburg through phone calls, emails, in-person meetings, and video conferences. It is essential to stay in regular contact to stay informed about your case's progress.
8. Can I change lawyers in the middle of my case in Randburg?
It is possible to change lawyers in the middle of your case in Randburg if you are not satisfied with your current representation. However, it is essential to consider the implications of switching attorneys and ensure a smooth transition.
9. What qualifications should I look for in a lawyer in Randburg?
You should look for a lawyer in Randburg who is qualified, experienced, and specializes in the area of law relevant to your case. Check their credentials, track record, and client reviews to ensure you are making an informed decision.
10. How can I verify a lawyer's credentials in Randburg?
You can verify a lawyer's credentials in Randburg by checking with the Law Society of South Africa, confirming their membership in professional organizations, and reviewing their educational background and experience.
Additional Resources:
For additional resources on legal matters in Randburg, South Africa, you can contact the Law Society of South Africa, the Legal Aid South Africa, and the Randburg Magistrates Court. These organizations can provide valuable information and support for individuals in need of legal advice.
Next Steps:
If you require legal assistance in Randburg, South Africa, start by researching reputable law firms in the area, scheduling consultations, and discussing your case with a qualified lawyer. It is essential to act promptly to protect your rights and ensure a favorable resolution to 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.