- Civil Litigation
- Conveyancing and Notarial Matters
- Criminal Litigation
- Deceased Estates
- Family Law, Maintenance and Domestic Violence
- Labour Law
- Road Accident Fund
We undertake all types of civil litigation work and we have correspondents in KZN, Gauteng and the Eastern Cape.
Our firm is well known for evictions and the law of landlord and tenant.
Conveyancing and Notarial Matters
These matters are dealt with expeditiously by us.
We have an in-house conveyancer in order to effect transfer and registration of properties, and a notary for a high quality of service in this field.
We draft comprehensive ante-nuptial contracts, which we notarise and register in the deeds office.
We undertake matters for the High and Lower Courts.
We have attended on theft, robbery and armed robbery, rape, attempted murder and murder trials.
Bail applications are attended to expeditiously.
We have a comprehensive estates department for dealing with deceased estates which in many instances involve the sale and transfer of immovable property to the legitimate heirs.
Contact us for sound advice on the drafting of wills and the administration of deceased estates.
We have had a very high rate of success in dealing with eviction matters.
Residential evictions have to take place under relevant legislation which is called the PIE Act (Prevention of Illegal Evictions Act).
Attending on eviction applications is not an easy or a quick procedure as the Act itself prescribes time constraints, for example, the respondent, that is, the unlawful/illegal occupier/tenant, is given fourteen court days notice to appear in court and to state his/her case.
An application for eviction requires that specific documents have to be drafted by us which has to be issued by the court and then served on the unlawful/illegal occupier/tenant by the sheriff of the court.
Fortunately, we have achieved eviction orders promptly with little or no loss of rental income to our clients on behalf of whom we have applied for evictions. One of the reasons for success with our eviction applications is because we include in our agreements of lease a clause in terms of which the lessee agrees that he waives any rights afforded to him/her in terms of the PIE Act.
It is always advisable to notify the tenant in writing that any lease agreement, be it verbal or written, is cancelled due to the breach by the tenant. This should be done at least thirty days before the eviction application is made.
We assist other law firms with eviction applications. Our success with eviction applications thus speak for itself.
We also undertake eviction applications via the High Court.
Apart from the above, we assist Lessors with collections of rentals on their behalf.
Family Law, Maintenance and Domestic Violence
Family law deals mainly with the laws of marriage and divorce.
Marriages may be contracted in and out of community of property. Community of property means that after the marriage, each party to the marriage has an equal share in property whereas in a marriage out of community, each party to the marriage keeps his/her property separate. Antenuptial contracts may either include or exclude the accrual system.
We draft comprehensive ante-nuptial contracts for our clients and facilitate the notarising thereof and registration of these contracts in the Deeds Office.
We also draft ante-nuptial and other contracts for parties who marry in terms of Islamic Law.
Maintenance Law is governed by the Maintenance Act.
Claims of this nature are mostly in respect of maintenance for minor children. An application is made via the various maintenance courts based in and around Cape Town. You are advised to enquire at the court nearest to your place of residence.
Defaulting with maintenance payments is a criminal offense.
Parties to an Islamic marriage have a right to maintenance via our courts.
Domestic Violence is also a part of family law. We assist clients with domestic violence applications and respondents who have violated protection orders. Violation of a domestic violence protection order could mean that the respondent is arrested. We offer comprehensive advice in these matters.
We also assist clients with custody of children. In many instances, knowledge of the Children’s Act is vital.
We have assisted our clients with labour law matters at levels of conciliation and arbitration.
Road Accident Fund
We have specialist colleagues dealing with these matters who will refer you to medical and other specialists in order to obtain the best possible relief and compensation for you.
Kindly be advised though that legislation has changed with regard to RAF matters and the underlying factor is that there must be some form of disability which renders the victim incapable of providing for himself/herself.
These services include the law of landlord and tenant, drafting of agreements of sale and lease of commercial and residential properties, and evictions
We also attend on conveyancing matters, and bond registrations and cancellations.
It is our advice that a last will and testament is a must.
A will must comply with certain requirements for its validity otherwise it will not be accepted by the Master of the High Court. Thus a will that is invalid means that the testator (the person who has made the will) has died intestate and his last wishes with regard to distribution of his property and other related matters will not be carried out.
Thus his affairs will be dealt with in terms of the law of intestate succession. In terms of the law of intestate succession, the surviving spouse receives a stipulated amount or a child’s share, whichever is the greater. This means that children especially may receive very little or nothing at all.
We also draft wills and testaments free of charge for persons over the age of sixty years.