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Becker & More Prokureurs
Upington, South Africa

Founded in 2000
English
Becker & More Prokureurs, based in Upington, Northern Cape, has been delivering dedicated legal services for over 25 years. The firm specializes in a comprehensive range of legal areas, including administrative law, estate administration, conveyancing, and mediation. Their team comprises...
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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 Upington, South Africa

Hiring a lawyer in Upington, South Africa involves several considerations to ensure you find the right legal assistance for your needs. The process typically starts with identifying the type of legal service you require, whether for criminal defense, civil litigation, family matters, or business-related issues. Once identified, you can research potential law firms or individual lawyers based on their expertise, experience, and reputation. Initial consultations are often recommended to discuss your legal issue, gauge the lawyer's understanding and approach, and determine fees. Many lawyers in Upington offer a free initial consultation, providing a valuable opportunity to assess potential legal representation before making a commitment.

Why You May Need a Lawyer

Individuals in Upington may require a lawyer for various reasons. Common situations include:

  • Property and Land Issues: Buying or selling property, land disputes, or property inheritance matters often necessitate legal guidance.
  • Family Law Matters: Issues such as divorce, child custody, or maintenance require experienced family lawyers to navigate complex emotional and legal terrains.
  • Criminal Charges: If facing criminal charges, securing a defense lawyer is crucial to understand your rights and mount a defense.
  • Business Legal Assistance: Assistance with contracts, partnerships, or business disputes is essential for entrepreneurs and business owners.
  • Employment Disputes: Whether dealing with unfair dismissal or workplace discrimination, legal advice ensures your rights are protected.

Local Laws Overview

Understanding the local legislation and legal environment is essential for anyone involved in legal matters in Upington. Key aspects include:

  • Property Law: South African property law impacts both residential and commercial transactions, emphasizing the need for detailed legal scrutiny during transfers.
  • Family Law: Based on Roman-Dutch law, family law in South Africa addresses marriage, divorce, custody, and inheritance, highlighting the importance of having a specialized lawyer.
  • Labor Law: Governed by the Basic Conditions of Employment Act and Labor Relations Act, labor law protects employees' rights and establishes procedures for conflict resolution.

Frequently Asked Questions

How do I find the right lawyer in Upington?

Start by determining your legal needs, then research local law firms or lawyers who specialize in those areas. Seek recommendations, read reviews, and schedule consultations to make an informed choice.

What should I discuss during an initial consultation with a lawyer?

Outline your legal issue, ask about the lawyer's experience in similar cases, and discuss potential strategies and costs involved. This will help you evaluate if they are a good fit for your case.

Are there any costs associated with the initial consultation?

Many lawyers in Upington offer free initial consultations, but it's essential to confirm this beforehand to avoid unexpected charges.

What if I can't afford a lawyer?

If affordability is an issue, you might qualify for assistance from Legal Aid South Africa which provides free legal help to those who meet certain criteria. Check their eligibility requirements for guidance.

How long will it take to resolve my legal issue?

The duration varies based on complexity, the legal process involved, and court schedules. Your lawyer can provide an estimated timeline based on their experience with similar cases.

Is my communication with a lawyer confidential?

Yes, discussions with your lawyer are protected by attorney-client privilege, meaning any information you share is private and confidential.

What qualifications should I look for in a lawyer?

Look for a lawyer who is experienced in your particular legal area, possesses a good reputation, and provides clear, honest communication.

Can a lawyer represent me in court in Upington?

Yes, lawyers can represent clients in local Magistrate's Courts, Regional Courts, and the High Court, depending on their level of practice.

Do I need a lawyer for mediation?

While not always necessary, having a lawyer during mediation can ensure your interests are adequately represented and can facilitate a fair agreement process.

What should I do if I'm unhappy with my lawyer's services?

Communicate your concerns with your lawyer first. If unresolved, you can file a complaint with the Legal Practice Council which regulates legal professionals in South Africa.

Additional Resources

For additional assistance, consider the following resources:

  • South African Department of Justice and Constitutional Development
  • Legal Aid South Africa
  • The Local Magistrate's Court in Upington: Visit for matters related to small claims and other judicial services.

Next Steps

If you need legal assistance in Upington, start by defining your legal need then proceed to contact a legal professional experienced in that area. Verify their qualifications, discuss your case, and ensure you are comfortable with their approach. Utilize recommended resources, such as Legal Aid South Africa, if budget constraints are a concern. Take advantage of free consultations to better understand your situation and possible resolutions.

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