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LOUISE TONKIN INC - ATTORNEYS
Roodepoort, South Africa

English
Louise Tonkin Incorporated is a dynamic, BEE-compliant law firm located in Florida Hills, Roodepoort, Johannesburg. The firm specializes in conveyancing, property law, notarial services, commercial and corporate law, as well as litigation in both High Court and Magistrates' Court. With a team of...
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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
Cyber Law, Data Privacy and Data Protection
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
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

About hiring a lawyer in Roodepoort, South Africa

Hiring a lawyer in Roodepoort, South Africa is a crucial decision that can have a significant impact on your legal matter. It is essential to research and choose a lawyer who has the necessary expertise and experience in handling your specific legal issue. You can find reputable law firms in Roodepoort by asking for recommendations from friends or family, checking online reviews, or contacting local bar associations.

Why You May Need a Lawyer

There are several common situations where people may require legal help in Roodepoort, South Africa. This can include issues related to family law, property disputes, criminal defense, business transactions, and more. Hiring a lawyer can help you navigate the complexities of the legal system, protect your rights, and achieve a favorable outcome in your case.

Local Laws Overview

Rooodepoort, South Africa operates under the legal jurisdiction of the South African legal system. Key aspects of local laws that are particularly relevant to lawyers in Roodepoort include constitutional law, criminal law, labor law, property law, and family law. It is important to choose a lawyer who is well-versed in the specific area of law that pertains to your legal matter.

Frequently Asked Questions

1. How do I find a reputable law firm in Roodepoort?

You can find reputable law firms in Roodepoort by asking for recommendations, checking online reviews, or contacting local bar associations.

2. How much does it cost to hire a lawyer in Roodepoort?

The cost of hiring a lawyer in Roodepoort can vary depending on the complexity of your case and the specific services you require. It is recommended to discuss fees and payment options with your lawyer before entering into a retainer agreement.

3. What should I look for when hiring a lawyer in Roodepoort?

When hiring a lawyer in Roodepoort, it is important to consider their expertise, experience, reputation, communication style, and fee structure. You should also make sure that the lawyer is properly licensed to practice law in South Africa.

4. How long does it take to resolve a legal matter in Roodepoort?

The time it takes to resolve a legal matter in Roodepoort can vary depending on the complexity of the case, the court's schedule, and the cooperation of all parties involved. It is recommended to discuss the timeline of your case with your lawyer.

5. Can I represent myself in court in Roodepoort?

While it is possible to represent yourself in court in Roodepoort, it is not recommended, especially for complex legal matters. Hiring a lawyer can help you navigate the legal system, protect your rights, and increase your chances of a favorable outcome.

6. How do I know if I have a strong legal case in Roodepoort?

To determine if you have a strong legal case in Roodepoort, it is best to consult with a lawyer who can evaluate the merits of your case and provide you with legal advice. They can assess the evidence, applicable laws, and potential outcomes to help you make an informed decision.

7. What should I do if I cannot afford a lawyer in Roodepoort?

If you cannot afford a lawyer in Roodepoort, you may be eligible for legal aid or pro bono services. You can inquire about these options with local legal aid organizations, bar associations, or pro bono lawyers in the area.

8. Can I hire a lawyer from outside Roodepoort to handle my case?

Yes, you can hire a lawyer from outside Roodepoort to handle your case, as long as they are licensed to practice law in South Africa. It is important to ensure that the lawyer has experience in handling legal matters in Roodepoort to effectively represent your interests.

9. What is the process of filing a lawsuit in Roodepoort?

The process of filing a lawsuit in Roodepoort involves preparing legal documents, serving the other party with notice, attending court hearings, presenting evidence, and abiding by court rules and procedures. It is recommended to seek legal representation to navigate the complexities of litigation.

10. How do I know if a lawyer is reputable in Roodepoort?

To determine if a lawyer is reputable in Roodepoort, you can check their credentials, experience, client reviews, disciplinary history, and success rate in handling similar cases. It is essential to conduct thorough research and schedule a consultation before hiring a lawyer.

Additional Resources

If you are in need of legal advice in Roodepoort, South Africa, you can contact the South African Bar Association, Legal Aid South Africa, or the Roodepoort Legal Clinic for assistance.

Next Steps

If you require legal assistance in Roodepoort, South Africa, it is recommended to schedule a consultation with a reputable law firm to discuss your legal matter, explore your options, and make an informed decision on how to proceed. Remember to provide all relevant information and documentation to your lawyer to help them assess your case effectively.

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