Services

SERVICES

Our offices can assist in the following services:

BAIL APPLICATIONS:

There are three types of bail applications:

1. Bail granted by Police:

Section 59 of the Criminal Procedure Act sets out three requirements for the granting of the "so called" Police Bail, relating to the offence:

  1. The offence;
  2. The rank of the Police Official; and
  3. The involvement of the Investigating Officer;

Police officials with a ranking of Warrant Officer or higher may grant bail for minor offences. Thereafter the arrested accused must pay to the Police Station the bail amount determined by the Police Official.

2. Bail granted by an authorized Prosecutor:

Section 59A of the Criminal Procedure Act states that bail may be granted to an accused by the Director of Public Prosecutions. Therefore an authorized Prosecutor may grant bail after hours for Schedule 7 offences and certain conditions may be attached. Bail consists of a sum of money or the giving of a guarantee.

3. Bail granted by Court:

Section 60(14) Bail:
The Court decides about the applicable bail monies and guarantees on which bail is granted. Grounds for consideration of bail will include the cases where it is likely that the release of the accused on bail will:

  1. Endanger the safety of the public or any person, or that the accused will commit a Schedule 1 offence; or
  2. Cause the accused to attempt to evade his/her trial; or
  3. Cause the accused to attempt to influence or intimidate the witnesses or to conceal or destroy evidence; or
  4. Undermine or endanger the objectives of the proper functioning of the criminal justice system, including the bail system; or
  5. In exceptional circumstances, disturb public order, or undermine public peace or security.

DIVORCE MATTERS:

There are two types of divorces, being contested divorce actions and uncontested divorce actions:

  1. A contested divorce action is when both parties cannot reach settlement of the matter and the matter is litigated upon before Court. This type of divorce follows a very long process before it's finally heard in Court.
  2. An uncontested divorce action is when the parties have already settled between themselves and only the necessary documents are drafted for the Court's perusal and approval whereafter a short Court appearance is required to allow the Court to grant a Decree of Divorce.

The general flow of these two types of divorce actions are:

UNCONTESTED DIVORCE CONTESTED DIVORCE
Summons is issued and served Summons is issued and served
No notice is received that the matter is defended Notice of intention to defend is received
Settlement is reached and Settlement Agreement is signed by both parties Defendant files its plea.
A Court date is obtained on which date the divorce is granted Plaintiff files its reply
Documents supporting each party's claim are discovered by way of a Discovery Affidavit with schedules
A Court date on the Opposed Motion Roll is allocated

After hearing each Counsels arguments the Judge makes a ruling herein.
In an uncontested divorce matters our office will draft the necessary documentation and make the necessary attendances for the amount of R3 500.00. This is subject to both parties already settled between themselves and are in accord that only the necessary legal documentation is to be drafted for signature, and for the remainder of the steps that have to be taken up to the date of Divorce.
Upon first consultation for an uncontested divorce matter a client has to have the following items at hand:

  1. Marriage Certificate
  2. Copy of Identity Documents
  3. Antenuptal Contract (if any)

COMMERCIAL MATTERS:

Our offices provide the following services in respect of commercial matters:
A broad concept that describes Commercial Law is transactions between business entities which applies to the rights, relations and conduct of persons and businesses engaged in commerce, merchandising, trade and sales.
Drafting of various business contracts such as Joint Venture Agreements, Partnership Agreements, Suretyship Agreements etc.

  1. Conduction of litigation on all necessary disputes pertaining to commercial matters, i.e. Restraint of Trade, Breach of existing contracts etc.
  2. Assistance with the registration of entities.

LABOUR MATTERS:

Our office can assist you in the following:

  1. Drafting of employment contracts.
  2. Preparing for your disciplinary hearing where outside legal assistance is not allowed.
  3. Prepare for CCMA matter.
  4. Labour Court referrals and court attendances.
  5. We also chair disciplinary hearings.
  6. We can also assist at school hearings where pupils are charged.

ANTE-NUPTIAL CONTRACTS:

In today's date and time it is important not to have an ante-nuptial contract.
It is important to realize that there are two different types of contracts:

  1. With the accrual system: The accrual system allows spouses to have their own assets and liabilities. However at the end of the marriage, either through death or divorce, the spouse whose estate shows no growth or a smaller growth in comparison to the other spouse, is entitled to claim half the difference between the growths of the two estates.
  2. Without the accrual system: In this system, when couples marry each spouse keeps a separate estate and whatever assets and liabilities they individually had before the marriage form part of their separate estates. We can assist you with these contracts.

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