![](images/news/2.jpg)
President Ramaphosa drops legal challenge against Section 89 report
Presidential spokesperson Vincent Magwenya says President Cyril Ramaphosa will no longer pursue a legal application to have the Section 89 panel's report into ...
Our Firms provides exceptional client service, We have positive word-of-mouth, We embrace technology, and have a team with expertise that is consistent with the firm's mission, we bare all markers of a successful law firm. Perhaps most pivotal is ensuring you have these markers of success working for you as our client. We have a great practice management system as our backbone. Our Firm invests in innovative practice management systems that are able to spend less time tending to administrative and technical tasks and can focus on providing exceptional client service and nurturing our staff.
Civil litigation is a term that applies to any legal dispute where two or more parties are seeking monetary damages or a specific performance and does not include criminal accusations.
Let Us HelpA divorce is a legal separation of a couple. If you have a civil marriage your divorce will be dissolved using the Divorce Act.
Let Us HelpPersonal injuries include every variety of injury to a person's body or reputation, as contradistinguished from injury to property rights, e.g Road Accident Fund Claims, Train injuries etc...
Let Us HelpMrs Loselo obtained her LLB from The University of SA (Unisa), served articles at the office of the State Attorney Pretoria. Worked as a Legal Officer for the South African Police Service. Admitted as an attorney in 2015, practiced since 2017 at Tshukefana Loselo Inc where her focus area was Unlawful Arrest / Detention, Divorce,Administration of Deceased Estates, Civil Litigation, Medical Negligence and Criminal Litigation.
Our Firm has vast Analytical and research skills. As Lawyers we rely heavily on our ability to perform deep research into topics related to cases we work on. We have excellent Attention to detail as every case / client receives the same level of priority and care for their matter. We have retained all our clients to date further suggesting on how all our clients have been receiving an exceptional service.
Our Firm, at the core resides Organisational Skills to rival all other Law Firms, we understand there are ample choices in terms of our competitors, unlike our competition though, Time spent to conclude Cases is pivotal, no case is left hanging, we communicate with you every step of the way and you are most welcome to have a consultation every step of the way. We invest all our efforts in ensuring cases are resolved as urgently as possible.
South Africa has a mixed legal system - a hybrid of Roman Dutch civilian law, English common law, customary law and religious personal law.
“If the good is not dependent on the bad and can be separated from it, one gives effect to the good that remains after the separation if it still gives effect to the main objective.”
― Johann Kriegler
“Severability is an important concept in the context of the relations between this Court and Parliament; like 'reading down', it is an instrument of judicial restraint which reduces the danger of producing an overbroad judicial reaction to overbroad legislation.” ― Albie Sachs
― Albie Sachs
“Plainly it is not every error made by a witness which affects his credibility. In each case the trier of fact has to make an evaluation; taking into account such matters as the nature of the contradictions, their number and importance, and their bearing on other parts of the witness's evidence.”
― H.C. Nicholas
“History could not be any clearer: Rights given by fad and fashion are just as easily taken away. The Constitution matters.”
― A.E. Samaan
“In the criminal law [...] imprisonment should be resorted to only after the most anxious consideration.”
― Pius Langa
“You sabotage any chance at arriving at “equity” if you compromise or debase the bedrock concept of “equality before the law.”
― A.E. Samaan
Presidential spokesperson Vincent Magwenya says President Cyril Ramaphosa will no longer pursue a legal application to have the Section 89 panel's report into ...
Many great legal minds have made important contributions to the development of the law, justice ...
With South Africa's economy in turmoil, it is no surprise that businesses are under great pressure, with no thanks to the ongoing impact of load shedding. This pressure is evident by Stats SA's ...
While the Constitution and the Children’s Act both provide great protection to children, the Mediation in Certain Divorce Matters Act of 1987 falls woefully ...
Not all people know that lobola is legally binding and a marriage contract. Many have been surprised by the legal implications when ...
Going through a divorce can feel like the world is ending. Realising that the happily-ever-after you envisioned is not playing out as you had wished can be ...
South Africa is a constitutional democracy. Since the end of apartheid in 1994, it has been regarded globally as a proponent of human rights and a leader on the African continent.
Everyone who wishes to become an attorney in South Africa must begin by completing their LLB, which can be no less than four years in length. They must attend an institution in South Africa unless they have already completed an LLB from an institution from an approved country. The designated countries approved in South Africa currently are Swaziland, Namibia, Lesotho and the former Bophuthatswana, Venda, Transkei, and Ciskei states. If you have an LLB from any other country, then you need to approach a South African law school for assessment of your law degree as credit towards a South African one.
Attorneys handle a large variety of affairs for individuals, businesses, associations and corporations. These include work in the field of business and corporate law; civil and criminal litigation; property transactions; taxation; estate planning; and business as well as personal advice. Many attorneys consider themselves to be general practitioners, however, as a result of the increasing complexity of life, the trend is towards specialisation. Therefore, there are attorneys who specialise in either commercial or criminal cases, or who focus on litigation, estate planning or tax-related matters.
Legal advice applies the law, including statute and case law and legal principles to a particular situation. It provides recommendations about what course of action would best suit the facts of the case and what the person wants to achieve.
Fees must be reasonable
In terms of Rule 28 of the Rules for the Attorneys’ Profession a practitioner is entitled to a reasonable fee for professional services rendered.
Coetzee v Taxing Master, South Gauteng High Court and Another (2010/14197) [2012] ZAGPJHC 175; 2013 (1) SA 74 (GSJ) (19 September 2012)
[10] “The payment by a client to the client’s own attorney is not aimed at a ‘full indemnity’, but rather is aimed at payment of a reasonable recompense for services rendered”.
The tariff in Rule 70 is not binding on attorney and own client scale costs, and is merely a guide for taxation.
[29] In exercising the discretion to determine a reasonable rate for time charges for services rendered the practice is to have regard to:
Fees charged by other legal practitioners,
The seniority of the attorney
The time taken over the work
The nature of the work performed
These guidelines should always be applied in determining the reasonableness of the practitioner’s fee regardless the outcome or the value of the claim and any agreement that caters for an inappropriately large fee could be subject to review and be found to be unenforceable.
What Questions Should I Ask a Lawyer Before Hiring Them?
The types of questions you ask may vary, depending on your situation, but here are a few suggestions:
What is your legal specialty?
How and how often do you bill?
Can you tell me whether I have a strong case without having to spend a lot of money?
How often will you update me on the status of my case?
What are my responsibilities as a client?
The following are entitled to make a claim:
A person who sustained a bodily injury in the accident (except a driver who was the sole cause of the accident);
A dependent of a deceased breadwinner;
A close relative of the deceased who paid for the funeral; and
A claimant under the age of 18 years must be assisted by a parent, legal guardian or curator.
Identified claims (claims where the identity of the driver or owner of the guilty motor vehicle is known) must be lodged with the Fund within 3 years from the date of the accident and must be finalised within 5 years from the date of accident.
Hit and Run claims (claims where the identity of the driver or owner of the guilty motor vehicle is unknown) must be lodged with the Fund within 2 years from the date of the accident and must be finalised within 5 years from the date of accident.
Claims in terms of an undertaking certificate issued in terms of section 17(4)(a)(ii) of the Act must be lodged and finalised within 5 years from the date on which services were rendered to the injured.
Subject to the terms and conditions of the undertaking certificate, the injured, or the supplier, may claim the costs of accommodation in a hospital or nursing home or treatment of or rendering of a service or supplying of goods to the injured.
Where emergency medical treatment is provided to the injured (that is treatment to save the injured's life or a bodily function) the Fund's liability to compensate the injured or the supplier, as the case may be, is determined in accordance with a prescribed tariff; and
Where the treatment provided is of a non-emergency nature the Fund will compensate the reasonable necessary costs of the treatment to the injured, or the supplier, as the case may be.
This will depend on the type of the claim which is submitted as indicated below:
A tax invoice for medical expenses.
A Service contract, certified copy of the employee's ID and proof of the costs being incurred for a domestic worker, caregiver and/or gardener.
Details of the vehicle that is being used to transport the injured including the name of the owner and driver, purchase price of the vehicle, type, make and model of the vehicle, Distance traveled and tax invoice from the service provider.
Proof of the costs of special school fees, transport to and from the school and hostel fees before the accident together with the current costs (Tax invoice)
Approved building plans of the house before the accident, photos of the areas which need to be altered and at least 2 fully specified reasonable quotes for the proposed building costs.
Yes, you can furnish authorization to the Fund to make payment of the costs directly to your medical aid or you can arrange with your medical to pay them back once the Fund has made payment to you.