FAQ

An attorney deals directly with clients, provides legal advice, drafts documents, and handles most court procedures. An advocate is usually briefed by an attorney to argue matters in higher courts.

An uncontested divorce can take between 4 to 8 weeks. A contested divorce may take several months or even years, depending on the complexity and disputes involved.

If a person dies without a will, their estate is distributed according to the Intestate Succession Act. This means family members inherit based on a fixed legal order, which may not reflect the deceased’s wishes.

An unfair dismissal occurs when an employee is dismissed without a valid reason or without following a fair procedure, as required by the Labour Relations Act.

A dismissal dispute must be referred to the CCMA within 30 days of dismissal. Unfair labour practice disputes must be referred within 90 days.

A protection order is a legal order issued by a court to protect a person from domestic violence, harassment, or abuse. It can restrict contact and provide immediate legal protection.

Yes, verbal contracts can be legally binding in South Africa. However, they are harder to prove, which is why written contracts are strongly advised

You have the right to:

• Remain silent

• Be informed of the reason for your arrest

• Contact a lawyer

• Be brought before court within 48 hours

Always exercise your rights calmly and respectfully.

Bail allows an accused person to be released from custody while awaiting trial. Whether bail is granted depends on factors such as the seriousness of the offence and flight risk.

You should consult a lawyer whenever:

• You are unsure of your legal rights

• You are entering into a legal agreement

• You face legal action or a dispute

• You want to protect your interests proactively

Early legal advice can prevent costly mistakes.

A summons is a legal document issued by a court notifying you that legal action has been instituted against you. It should never be ignored, as it can lead to a default judgment.

A default judgment is granted when a person fails to respond to a summons or attend court. It allows the other party to enforce the judgment, including attachment of assets or emoluments.

A curatorship is a court process where a curator is appointed to manage the affairs of a person who is unable to do so themselves due to mental or physical incapacity.

A power of attorney authorises another person to act on your behalf. It automatically lapses upon death or mental incapacity.

No. Evictions without a court order are illegal. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) requires a lawful court process.

Consumers are protected under the Consumer Protection Act (CPA), which provides rights such as fair pricing, safe goods, and the right to return defective products within certain periods.

A deceased estate can take 6 to 24 months, depending on complexity, disputes, and compliance with the Master of the High Court.

Remedies may include cancellation, damages, or specific performance, depending on the nature of the breach and the agreement.