Legal Questions Answered

We offer a wide array of legal services, with core specialisations in Family Law (divorce, maintenance, custody), Civil Litigation, Commercial and Corporate Law, Property Law (conveyancing, evictions), and Labour & Employment Law.

If you are facing a dispute that could result in a court appearance, large financial loss, loss of liberty, or significant change to your family structure (like divorce), you should seek legal representation. It is always best to consult with an attorney early in a matter to understand your rights and options.

You should bring all documents relevant to your matter, including correspondence, contracts, summonses, police reports, or previous court orders. Also, have a chronological summary of the facts prepared to ensure our consultation time is efficient.

A **Pty Ltd** (Private Company) is registered for the purpose of making a profit for its shareholders. An **NPC** (Non-Profit Company) is registered to conduct activities for a public benefit or cultural/social activities, and its profits cannot be distributed to its members but must be used to further its objectives.

The processing time can vary. Generally, a simple Private Company (Pty) registration, assuming names are approved quickly, can take between **3 to 7 working days** once all documents are submitted to CIPC. We expedite the process by ensuring all forms are correct from the outset.

**B-BBEE** stands for Broad-Based Black Economic Empowerment, a government policy to address historical economic inequalities in South Africa. A good B-BBEE rating is crucial for securing government tenders, working with large corporations, and generally competing effectively in the South African economy.

Yes. While not legally required, a **Shareholder Agreement** is highly recommended for any company with two or more shareholders. It governs the relationship between the shareholders, outlines decision-making processes, manages the sale or transfer of shares, and provides a clear mechanism for dispute resolution, preventing costly litigation down the line.

An **Antenuptial Contract (ANC)** is a contract signed before marriage to regulate the financial and proprietary consequences of the marriage. In South Africa, if you do not sign an ANC, you are automatically married **in community of property**. An ANC allows you to marry **out of community of property** (with or without the accrual system), which is highly recommended to protect your separate assets and business interests.

Maintenance is determined based on the child's needs and the respective financial abilities of both parents. The court follows the principle that the child should be maintained to the same standard of living they would have enjoyed had the parents remained together. It is a calculation of a proportion of each parent's income applied to the child's total reasonable expenses.

An **uncontested divorce** occurs when both parties agree on all terms (division of assets, custody, and maintenance). It is quicker and cheaper. A **contested divorce** means the parties do not agree on one or more aspects, leading to a trial where a judge must make a ruling, making the process lengthy and expensive.

Yes. In South Africa, you can apply for a **Protection Order** at your local Magistrates’ Court under the Domestic Violence Act. This order compels the respondent to stop the abusive behaviour and may include conditions such as barring them from your residence or restricting contact.

You must refer the dispute to the **CCMA (Commission for Conciliation, Mediation and Arbitration)** within **30 days** of the dismissal date. Do not delay. We can assist you in preparing the referral documents and representing you during the conciliation and arbitration process.

Yes, an employer can retrench, but it must be for a valid **operational requirement** and follow a fair procedure outlined in the Labour Relations Act. This includes consulting with employees/unions, disclosing relevant information, offering alternatives, and adhering to fair selection criteria.

Workplace discrimination is prohibited by the Employment Equity Act on grounds of race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, culture, language, birth, or political opinion.

Every contract must comply with the Basic Conditions of Employment Act (BCEA) and the Labour Relations Act. Key elements include identifying parties, job description, remuneration, working hours, leave, notice period, and a clause referencing the employer's disciplinary code. It is highly advisable to have an attorney draft or review your contracts to ensure compliance.