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From category archives: Legal Articles

General Legal Articles

A Guide to Drafting and Planning a Will and Testament

When drafting a Will in South Africa, it is vital that it meets all of the requirements set out by the Will Act 7 of 1953 (“The Act”).

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Do life partners qualify as spouses for intestate Succession?

Succession refers to the process that occurs after a person has passed away and their belongings are distributed between their living relatives. This can only occur if you have a valid Will and Testament when you die.

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What happens in South Africa if I die and I don’t have a Will?

In South Africa, all of your assets and liabilities will be placed in an estate upon death. If you have a valid will, this will determine how your estate will be divided.

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Unprotected Strike in South Africa - What's legal anymore?

In South Africa, we have the Constitutional Right to strike in terms of Section 23 of the Constitution of the Republic of South Africa 1996.

Limitations may be placed on a constitutional right, in terms of Section 36, should the limitation be reasonable and justifiable in an open and democratic society based on dignity, freedom and equality.

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Legal steps after a Natural Disaster

First and foremost, after a Natural Disaster, when safe to do so, one should return to place of residence to assess the damage.

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Is a Verbal Agreement Legally Binding?

Although verbal agreements are as legally binding and enforceable as any written agreement, the issue presents itself when trying to prove the existence of the said agreement.

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Drinking and Driving in South Africa

Drinking and driving in South Africa is a serious offense. No one is allowed to drive or even occupy the driver’s seat of a motor vehicle on a public road when over the limit legally set out by each province.

Drunk driving penalties are regulated by Section 65 of the National Road Traffic Act 93 of 1998.

In this article, our attorneys explain the process and consequences.

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What charges do I face if I don't pay my speeding fines in SA?

For any traffic violation, there are two types of traffic fines defined in the Criminal

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What happens if you are served with a Criminal Court summons?

A Criminal Court summons is served in instances where there is no urgency, and the accused has a fixed address; if there is no reason for a prosecutor to assume that the accused may flee to avoid their attendance in court. The summons shall be served on the accused personally, or if they cannot be found, it may be served on a person over the age of 16, residing at the accused’s confirmed residence or place of business. The summons shall be served at least 14 days before the date determined for trial.

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How long is a summons valid for in South Africa?

The Rules of Court no longer provide for a period until a summons will lapse. Previously, a summons would lapse after 12 months since date of issue, or having been served, the Plaintiff has not taken further steps in prosecution.

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