South African Legal Guides
Clear, plain-language explanations of common legal questions in South Africa — from contracts and liability to divorce, maintenance and criminal procedure. Written to help you understand your rights.
What Is a Juristic Person in South African Law?
A juristic person is a legal entity — such as a company, close corporation or trust — that the law treats as having rights and duties separate from the people behind it.
Vicarious Liability in South Africa Explained
Vicarious liability makes an employer legally responsible for delicts (wrongful acts) committed by an employee acting within the course and scope of employment.
The Difference Between an Obligation and a Contract
A contract is one source of obligations. An obligation is the legal tie that binds one person to perform for another — contracts create obligations, but not all obligations come from contracts.
How to Write a Letter of Demand in South Africa
A letter of demand formally requests payment or performance before legal action. It should clearly state the debt, a deadline, and the consequences of non-compliance.
CCMA Unfair Dismissal Process Explained
If you believe you were unfairly dismissed, you can refer a dispute to the CCMA within 30 days. The process moves through conciliation and, if unresolved, arbitration.
How to Get a Protection Order in South Africa
A protection order is a court order that stops an abuser from committing further domestic violence. You apply at your nearest Magistrates’ Court, often on the same day.
Small Claims Court Guide (South Africa)
The Small Claims Court resolves minor civil disputes quickly and cheaply. No lawyers are allowed, and the process is designed for ordinary people to use themselves.
Divorce Process in South Africa, Step by Step
Divorce in South Africa is granted by a court on the ground of irretrievable breakdown. Uncontested divorces are quicker and cheaper; contested divorces can take much longer.
How to Apply for Maintenance in South Africa
Maintenance is financial support for a child or spouse. You apply at the Maintenance Court, which is part of the Magistrates’ Court, and the service is free.
The Criminal Case Process in South Africa Explained
The criminal process runs from arrest and bail through plea and trial to verdict and sentencing. The accused is presumed innocent and has strong constitutional rights throughout.
The Bail Application Process in South Africa
Bail is the release of an accused person from custody, usually against payment, on condition they return to court. The process and difficulty depend on the seriousness of the charge.
Plea Bargains in South Africa: How They Work
A plea bargain is a formal agreement between the prosecution and an accused, where the accused pleads guilty in exchange for an agreed charge or sentence, subject to court approval.
POCA Asset Forfeiture in South Africa Explained
POCA lets the State seize property linked to crime. Forfeiture can follow a conviction (Chapter 5) or proceed against the property itself without a conviction (Chapter 6).
Fraud Charges in South Africa: What You Need to Know
Fraud is the unlawful and intentional making of a misrepresentation that causes actual or potential prejudice to another. It is a serious common-law crime in South Africa.
The Retrenchment Process in South Africa
Retrenchment is dismissal for operational requirements. It must be both substantively and procedurally fair, following a genuine consultation process under the Labour Relations Act.
UIF Claims: How to Apply in South Africa
The UIF provides short-term financial relief to workers who lose income due to unemployment, illness, maternity or adoption. Contributors can claim within set time limits.
Constructive Dismissal in South Africa
Constructive dismissal occurs when an employee resigns because the employer made continued employment intolerable. In law it is treated as a dismissal by the employer.
Child Custody in South Africa: Care and Contact
South African law no longer uses “custody”. The Children’s Act speaks of “care” and “contact”, and every decision must serve the best interests of the child.
The Adoption Process in South Africa
Adoption permanently transfers parental responsibilities and rights to the adoptive parents. It is strictly regulated under the Children’s Act to protect the best interests of the child.
Parental Responsibilities and Rights in South Africa
Parental responsibilities and rights include care, contact, guardianship and maintenance. How they are acquired depends on the parents’ relationship and, for fathers, on their involvement.
The Debt Review Process in South Africa
Debt review is a formal process under the National Credit Act that helps over-indebted consumers restructure their repayments while protecting their assets from creditors.
Sequestration in South Africa: Voluntary and Compulsory
Sequestration is the legal declaration that a person is insolvent, placing their estate under an appointed trustee to be distributed among creditors under the Insolvency Act.
Prescribed Debt in South Africa: Know Your Rights
Most ordinary debts prescribe (become unenforceable) after three years if the creditor takes no action and the debtor does not acknowledge the debt.
Garnishee Orders in South Africa Explained
A garnishee order allows a creditor to deduct money owed directly from a debtor’s salary. Strict court oversight applies after key constitutional judgments.
The Eviction Process in South Africa
No one may be evicted from their home without a court order. The PIE Act sets out a strict, fair procedure that landlords must follow before an occupier can be removed.
Sectional Title Disputes in South Africa
Disputes in sectional title schemes — over levies, rules or maintenance — can be referred to the Community Schemes Ombud Service, an affordable alternative to court.
The Consumer Protection Act in South Africa
The Consumer Protection Act gives South African consumers strong rights, including fair treatment, safe goods, honest dealing and remedies for defective products and poor service.
The Right to Bail in South Africa
The Constitution gives an arrested person the right to be released on reasonable conditions unless the interests of justice require continued detention.
The Equality Court in South Africa
The Equality Court deals with unfair discrimination, hate speech and harassment under PEPUDA. It is accessible, informal and does not always require a lawyer.
PAIA: Access to Information in South Africa
PAIA gives everyone the right to access records held by the State and, in certain cases, by private bodies, giving effect to the constitutional right of access to information.
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