Mar '18

child emigration banner

Can my child become a foreign national without my consent?

A couple of times a year we get an inquiry along these lines and we had one during this last week; so let’s try to answer the client’s question for you.

Below is the actual question:

 “I am a recently divorced mother and I want to permanently relocate to Australia with my minor child as I have obtained a wonderful work opportunity in Sydney; which will benefit both myself in the long term and my child eventually.

However, my ex, the father of my child, refuses to give his consent, despite the fact that the child resides permanently with me in terms of our divorce order.

The question is do I need his consent in writing or otherwise to take my son with me to Australia?”

Mar '18

 swimming pool kid

However, there are certain safety requirements which must be complied with.

What are they?

A swimming pool can represent a very real safety risk, and many a swimming pool owner has experienced a near drowning.

It is for this reason that the legislature has seen fit to provide regulations that govern the safe operation of swimming pools.

Mar '18

land expropriator

What is expropriation? Part 1:

The definition of the verb “expropriate” is usually couched as follows: “To take possession of (property), especially for public use, thus divesting the title of the private owner eg the government expropriated the owners land for a road, electricity pylons or for a public recreational area. In plain words, it means “to take something from one person’s possession for another one’s use and benefit.”

Mar '18

 lawyers attorneys and paralegals

The Legal Profession: Lawyers: Who are they and what functions do they deliver?

In this blog; we thought we would answer a question which often arises; as the man in the street gets confused between lawyers, attorneys, advocates and several other generic names for those who practice law as legal practitioners.

We hope to clarify this question.

Who and what are lawyers?

Feb '18


Motor vehicles are one of our most prized possessions and yet many of us have nightmares when we buy a motor vehicle from a dealership and we have numerous problems with the vehicle we bought.

This happens often; but there is a solution.

Over the past month; we have had numerous queries from consumers who have bought cars from second hand car dealers; and who are a short while later, discovering various serious defects in those vehicles.

This clearly is a problem and the dealers, by and large, do not abide by the law or otherwise seek to interpret in a manner which is beneficial to them and not the customer.

Feb '18

Consumer Protection

The answer to this question is found in The Consumer Protection Act: No 68 of 2008(CPA): Section 55: Consumer’s rights to safe, good quality goods:

“Quality is everyone’s responsibility” is a quote by W. Edward Deming; and should be aspired to by all of us.

In our previous blog we looked at what you can do if you buy a defective item.

Now we look at why it is that we enjoy that protection.

Feb '18


On Friday, we looked at the basic requirements of Wills.

Today; we will look at some of the content of a will.

Anybody can draft a will. It need not be an attorney or lawyer; but only attorneys may advertise the fact that they draft wills draft people, as per the provisions of the Attorneys Act.

The full names and identity of the testator or testatrix must appear in the will and they must sign same in full as we sated in our last blog. Use your Id number and your address to properly identify yourself.

Feb '18


Today; we intend to look at the subject of a Will.

There are only two definite aspects to our lives; one is taxes, and the other is death, or so the adage goes.

Death awaits all of us and is inevitable.

On a lighter note; Elbert Hubberd said “Do not take life too seriously. You will never get out of it alive!”

Your will is probably the most important document you will ever sign in your lifetime.

Feb '18

buying a lemon car

What do you do if you purchase a defective motor vehicle from a new or second hand vehicle? How does the Consumer Protection Act No 68 of 2008 (CPA) and the common law protect you? What do you need to do and what are the guidelines in this situation?

Because of the number of queries we receive on a weekly basis from our clients with regard to damaged and defective vehicle that they have bought; we are once again going to look at what to do in the situation where you have bought a “lemon” from a motor vehicle dealer.

Feb '18

alternative dispute resolution

Have you ever heard of “alternative dispute resolution?”

One of the services The Legal Advice Office provides to our clients, and other interested parties; is alternative dispute resolution procedures.

These procedures broadly speaking include interventions, mediation, arbitration and other dispute resolution procedures and methods to settle disputes between two parties without proceeding with a civil court action; which could cost tens of thousands of Rands; take two years to finalise; and, if you lose, you have to pay a portion of the other person’s costs.

Alternative dispute resolution is cheaper, quicker and more efficient.

Here is an example of such a situation; which we dealt with during the course of this last month.

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za

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