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Legal Advice

Welcome to the Legal Advice Office in South Africa

The Legal Advice Office offers affordable Legal Advice as well as Legal and Paralegal Services throughout South Africa.

Our legal advice and services are based on 40 years of experience in the professional legal field.  As a purely internet based legal consultancy business, we pride ourselves in personal, professional and efficient service at affordable rates and undertake to revert to our clients within 48 hours of their query being received by us.

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Drunken driving 2

 The reality is that the arrest of a person doesn’t necessarily only happen to violent or hardened criminals

Below is an email to The Legal Advice Office from last Thursday.

 “ The son of a friend of mine was arrested two weekends ago In Rondebosch (Cape Town) for drunk driving and this has been quite a traumatic experience for her and her family to get their son released on bail. I have to admit I know nothing about bail or the bail process and I am worried that I won’t know what to do if, heaven forbid, my own child be arrested on some future occasion.

Please advise as to how bail works and what one needs to know and do in these circumstances.”

travellers marriage

A “traveller’s marriage” may seem romantic, but can quickly turn into a nightmare! 

 As the world gets smaller and smaller and global movement increases, an “international wedding” becomes a much greater reality for many couples.

From the beach wedding in Mauritius to the castle wedding in Ireland or the Tuscan wedding in Italy.

These are all distinct possibilities if one can afford it.

This international marriage or “traveller’s marriage” may seem romantic, but can quickly turn into a nightmare when questions regarding the matrimonial property regime of the parties are raised at the time of a divorce or the death of one of the parties to the marriage.

The question arises as to which legal regime governs the marriage: the country where they were married, the home country of a spouse, or the country in which the couple reside? Left in the air, the romantic traveller’s marriage could very well turn into a wearisome ball and chain and legal nightmare.

residential house lease cancel

One has to draw a clear distinction between lease agreements for residential properties and those that are for commercial properties

We received the following in an email this last week.

“I signed a 2-year lease agreement with my landlord on the 27th February 2018 and the lease agreement came into effect on the 1st March this year. I simply cannot afford the rent and I wrote to my landlord on the 29th June cancelling the lease and requesting repayment of my security deposit of R 28000.00. He has refused to refund me. What can I do?” 

 

lemon car banner

During the course of this last month we did a blog on Accident damaged vehicles being Defective Motor Vehicles and in that blog we also covered the consumers rights, in terms of the Consumer Protection Act No 68 of 2008(CPA), to claim a repair, a replacement or a refund of the purchase price from the dealer and/or service provider in the event that the consumer had bought a defective/accident damaged vehicle.

We continue to get daily inquiries about this problem.

A purchaser also has similar rights in terms of the common law, in the possible event that the CPA is not applicable in the circumstances of any particular case. This can occur for example when the 6-month statutory period since the date of sale has already expired.

common vs legislation law

Legislation is a law created by Parliament Common law is that system of our law handed down to us from generation to generation.

In response to a number of inquiries where it appears, there is a clear need to explain the difference between the various branches of SA Law including both civil law and criminal law; we will today discuss this topic in a short blog.

In the South African Legal System; we can differentiate between various spheres of the Law within that same system.

Initially; it is important to understand the difference between Common Law and Legislation.

fake sick leave

The abuse of sick leave by employees is a pandemic that affects many employers.

Last week we had an inquiry; part of which read as follows:

“I employ through my small engineering business 16 employees, but I have a constant issue with sick leave. How can I deal with this issue fairly with my staff; and yet, at the same time, stop abuse by my employees; which is a real practical and financial problem for my business.”

Today; we will try to elaborate on this issue and cover the above topics.

defective vehicle

Within six months after the delivery of goods, a consumer may return the goods to the supplier without penalty and at the supplier’s risk and expense

We did a blog last week on the difference in approach now under the CPA and the previous situation where a consumer could only rely on the common law for a remedy if they bought a defective car and in response, we received the following query:

“Please explain to me how the implied warranty in terms of the Consumer Protection Act works as I also recently bought a defective motor vehicle which has now cost me R 37500.00 to repair and is still not 100%. What are my rights in this instance?”

firearm lisence

The application to renew a firearm license must be filed at least 90 days before the expiry date.

During the course of last week; we received the following query.

 “I own a 9 mm Parabellum firearm, which has always been validly and legally licensed. At the end of last year and the first three months of 2018, I was out of the country for five months as a result of work commitments and as a result was unable to renew my firearm licence before its expiry in March 2018.

On my return, in April 2018, I went to the police, but they told me that because my licence had not timeously been renewed; the license was now invalid and that my possession of the firearm was now illegal.

Can this really be the case? Surely I have a valid excuse for not having renewed my licence on time?”

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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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