01
Jun '18

Criminal law vs civil law

Oscar Pistorius initially appeared in a local magistrate’s court, his bail hearing was in the regional court and his murder trial in the High Court.

As we have had quite a few queries over the last week about aspects of Criminal Law; we have decided to do a few blogs on various aspects of Criminal Law.

Firstly; it is important to understand that there are two large bodies of our law.

  1. Criminal Law and
  2. Civil Law.

Broadly speaking a criminal case is one where the accused is charged by the State in respect of a crime and Civil Law is the law as it is applied to different people and legal entities. To use an example for illustration: A is charged with Drunk Driving. The case is “The State (the Government, in fact, on behalf of the people of the country) versus A. “This is a criminal case and is heard in one of the criminal courts in the country.

18
Apr '18

 private prosecution

If a person is certain that justice has not been done, there is always the option to follow the route of Private Prosecution

We had an interesting question sent to us yesterday by email.

 “In September 2017 my youngest son was assaulted in a bar and he laid a charge against the perpetrator. We have now been told by the investigating officer that the senior public prosecutor has declined to prosecute. My son wants to proceed and we would like to know how one goes about a private prosecution. Can you possibly advise as to whether or not this is a possibility and, if so, what is the process and how would he go about it?”

25
Jan '18

People get arrested in South Africa every day.

Normally the SAPS will only arrest a person when a serious crime is involved, but this is not always the rule and people are arrested even for what one would think are minor offences like shoplifting of reckless driving.

If this should happen to you; what do you do?

14
May '18

ANContract

Should I have an ANC if I am getting married in a few weeks’ time?

A brief discussion of the ANC and the purpose of an ANC.

Most couples in preparing to tie the knot leave this question until very late in their wedding preparations. The writer on occasion in the past had to arrange for an ANC on the preceding Friday afternoon before the Saturday wedding at 10 am. That is cutting it fine.

During the excitement of a couple's impending wedding; it is easy to forget about the aspect of an ante-nuptial contract. It is however vitally important that you and your future spouse discuss the matrimonial property regime best suited to your financial needs from the date that you are married.

28
Mar '18

pinocio spank

"I saw it reported recently that the spanking of your child has now been declared a criminal offence. Is this true?"

Corporal Punishment:

Here is a query we received yesterday via email.

 "I saw it reported recently that the spanking of your child has now been declared a criminal offence.

Is this true? Will this not result in an overloading our justice system even more than it already is?"

We all know that corporal punishment in any form in our schools has been outlawed for a long time.

But what is the situation at home?

16
Feb '18

Divorce: Proprietary and Pension Fund Benefits:

In our last blog, we looked at proprietary rights on divorce.

Today we look specifically at pension benefits at divorce.

To start with here is a quote from the actress Zsa Zsa Gabor: “I have learned that not diamonds; but divorce lawyers are a girl’s best friend.”

14
Feb '18

What can I claim from my spouse?

It is a sad fact of life that many of our marriages end up in a divorce; and as the statistics imply, up to two-thirds of all marriages, depending on where you live and into what social bracket you fall, end in a divorce; it is advisable to know your rights.

Divorce is not the end of the line; bot knowing your legal rights in advance and in the event of a possible divorce is vital.

25
Jan '18

What do I need to do?

An often heard plea.

Every working day hundreds of people get divorced throughout the RSA.

25
Jan '18

Last time we looked at the Divorce process.

Today; we give you a short blog to finalise this series of blogs on divorce.

As pointed out by one of our readers during the course of this week; “Divorce is not for sissies.”

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South Africa

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Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za

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