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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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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?”

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?”

 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.

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.”

 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?

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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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