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Jacques Haynes's Articles

Season's Greetings from our Attorneys in Cape Town

As 2018 comes to a close, Bailey Haynes Incorporated would like take a look at what we have achieved and to give a special thanks to everyone who has contributed to our success.

Emolument Attachment Order abuse calls for Amendments to Act

The abuse of Emolument Attachment Orders (“EAO”) as a means of collecting debt has been under the spotlight for some time. As a result, the amendments to the Magistrates Court Act 1944 and the Magistrate Court Rules 2010 came into operation on 1 August 2018.

Avoiding a Criminal Record with Diversion - 1st Time Offenders

Have you been arrested and charged with a criminal offence? Are you a minor or a young adult?  Scared that you have made a mistake that will haunt you for the rest of your life? 

You may have reason to feel optimistic!

Who gets parental rights and responsibilities for the child?

Often a big question for couples when they decide to get divorced is what happens with their children.

In this article we will look at what does “rights and responsibilities” mean and who has them.

Interim Protection Orders explained by our Attorneys in Cape Town

Have you been the victim of verbal, physical or emotional abuse?

If so, there are steps you can take to protect yourself and your property from individuals who intend to cause you harm.

In terms of the Protection from Harassment Act one can approach the Magistrates Court to get protection in the form of an Interim Protection Order which protects individuals from harassment which is not considered a crime.

Getting a Divorce in South Africa

The Department of Home Affairs released statistics for 2015 which show an amount of 143 279 marriages being concluded. The statistics also indicate that 41% of marriages ended up in divorce for the year of 2015. There has also been an indication that the amount of marriages being concluded every year is dropping while the amount of divorces taking place each year is increasing. With such a high percentage of divorces taking place each year, it is important to discuss what a divorce process might entail.

What you post on Facebook can get you fired!

With the popularity of social media sky rocketing in recent years, employers have been forced to deal with a variety of new issues previously unimaginable to them.

Whereas in the past, employees would discuss their office politics and air their grievances with management or colleagues by complaining to a friend or family member in private, today, employees are increasingly turning to their social media accounts (Facebook, Twitter and Instagram being chief among them) to vent their frustrations.

Is Cannabis Legal in SA? Our Attorneys in Cape Town Explain

“One in every fourteen people are regular users” of cannabis in South Africa as reported by the United Nations World Drug Report of 2014.

The prohibition of cannabis can be backtracked as far as 1908 when the first law prohibiting the sale of cannabis was put into motion.

Thereafter, several laws were enacted prohibiting the use of cannabis. Presently, the most well-known Acts which prohibit cannabis are the Drug Trafficking Act and Medicines Control Act.

Still blacklisted? Contact our Attorneys in Cape Town

What are the Amendments and how do they impact on matters constituted prior to the commencement of this Act?

On the 31st July 2017, the President of the Republic of South Africa signed into law the “Courts of Law Amendment Act 7 of 2017” which changed certain sections of the Magistrates Court Act 1944.

Bail in South Africa - Criminal Attorneys Cape Town

In any court case when a person is arrested, the accused person remains to be presumed not guilty until the court finds such person guilty. In our law no one may be detained without trial. If an accused is arrested, he or she is normally kept in prison or the police cells till the trial is finalised to ensure the presence of the accused at court.

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