KNOW THE
LAW
The superior newsletter
from Clientèle Legal
TRUE STORY
Issue No. 4 2013
Have a spouse? You need a Lawyer!
CONTENTS
I
• True Story
Uncontested divorce
1
• FAQ
2
• Lighter Side
2
me,’ Baloyi says. ‘I knew I could not deal
with the court proceedings and paperwork
myself. I called my lawyer at Clientèle Legal.
If it was not for my lawyer, I would have lost
everything. They helped me every step of the
way and attended the court hearing with me.
Thank you, Clientèle Legal.’
• Know Your Rights
When does self-defence
become murder?
3
Kruger says Joyce’s story is not uncommon.
‘People are caught unawares by the high
levels of stress experienced during divorce.
You really need a lawyer to concentrate on
the legalities of the divorce, while you look
after your own and your family’s emotional
well-being.’ Kruger says. The following
factors are considered when drawing
up a settlement between you and your
spouse: division of assets, custody, care
and maintenance of minor children and
maintenance for the spouse.
Clientèle Legal contact info
Joyce Baloyi Clientèle Legal member
‘ do!’ For most newly-wed couples,
these two simple words encompass
a dream of everlasting partnership,
but in 67% of cases in South Africa,
marriages end up in divorce and ‘I do!’
becomes ‘I can’t.’ or ‘I didn’t.’
‘The break-up of a marriage is an emotionally
scarring and life-changing event,’ explains
Liaan Kruger from Clientèle Legal. ‘The
actual divorce proceedings in itself can
leave deep psychological and financial
scars. Wherever possible, we advise couples
to reach a settlement and agree to an
uncontested divorce. Uncontested divorces
are simpler, cheaper and can be handled in
less than a month. When spouses cannot
come to an agreement in a contested
divorce, the court must make decisions on
their behalf. It becomes a costly to and fro
legal conflict, often with both sides fighting
a losing battle.’
Joyce Baloyi, a member of Clientèle
Legal can attest to this. ‘My divorce was
uncontested, but it was still very difficult for
• Superior Legal Services
In Action
4
• Product Information
4
Tel: 0860 004 529
Fax: 011 320 3133
Email:
[email protected]
Website: www.clientelelegal.co.za
Clientèle Legal is a division of Clientèle
General Insurance Limited, an authorised
Financial Services Provider
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If you have a spouse, you might need a lawyer
at some stage. Clientèle Legal specialises in
uncontested divorces. Our nationwide panel
of professional lawyers and advisors are
standing by to assist you, 24 hours a day.
‘In every marriage more than a week old, there are grounds for divorce.
The trick is to find, and continue to find, grounds for marriage.’ If you
can’t find it – find a good lawyer and move on.
1
Email your questions to:
[email protected]
What are my rights regarding faulty goods?
The Consumer Protection Act (CPA) affords you many rights
as a consumer. It is simply up to you to know your rights
and enforce it. In principle, every consumer has the right to
receive products and services that are of good quality.
In terms of the new CPA, all goods have a 6 month implied
warranty – yes, 6 months – even if the supplier has not
agreed to it. So, if you bought an item from a store you
can take the faulty item back to the supplier and insist
that the article be replaced or fixed. When it comes to
‘direct’ marketing, for instance buying via mail or electronic
communications, a 5 day cooling off period applies. You
may cancel the purchase without penalty or reason within
5 business days. If you only notice that the good is faulty
after the 5 days, the 6 months implied warranty still applies.
‘Voetstoots’ (buy as is) clauses no longer protect the supplier
from liability for faulty products unless you were aware of
the defect in the product and accepted the product in that
condition. Happy shopping!
What is involved in getting a firearm licence?
With the right to carry a firearm comes the duty of doing
so responsibly. Therefore, you will need to undergo some
training, visit a police station and complete the necessary
paperwork.
Firstly you will need a competency certificate. The SAPS will
advise you on all the requirements you need and refer you
to an accredited trainer, if necessary.
When you have the competency certificate, you will need to
follow standard application procedures. You will be required
to fill in some forms, take certified copies of your ID, colour
THE LIGHTER SIDE
Heard in Court
‘What is your date of birth?’
‘July 15th.’
‘What year?’
‘Every year.’
2
photos of yourself, proof of residence and a motivation for
why you need the firearm. The police will also take your
fingerprints.
Most importantly, to prevent tragedies and accidental
shootings, make sure you are properly trained.
If you need further information, you can contact the
appointed Designated Firearms Officer at your nearest
police station. Alternatively, you can contact the Firearms
Call Centre during office hours at 012 353 6111 or
e-mail [email protected].
Where there’s a will, there’s a way
KNOW YOUR RIGHTS
S
outh Africa is blessed with the dual
even if the guy with the knife started it,’ Britz
reputations for being a country with
says. Britz further cautions that your intentions,
amongst the highest crime rates
background and the exact circumstance might
in the world, plus one of the most liberal
have bearing on the judgement. ‘A judge might
constitutions. ‘Citizens can feel as though
decide that a life is not a fair trade for a TV.’
the law protects the criminal, rather than
Britz also warns that merely having a valid gun
the victim when it comes to violent crimes
license does not necessarily prepare one for
and interpret ‘justice’ in their own way,’
the physical and emotional realities of a violent
says Wessel Britz from Clientèle Legal.
confrontation. Know the Law asked Britz to put
Wessel Britz. Lawyer.
‘However, the law is there to protect everyone.
himself into a potentially dangerous and violent
We advise clients to know their rights. The legal issues raised situation to explore what happens when adrenaline, violence
by the Oscar Pistorius case are quite common. Many South and the law collide.
Africans don’t understand how a ‘warm klap’ can become an
He attended a session with renowned instructor Des Brown
assault charge. Worse yet, shooting someone in ‘self-defence’ from the Elite Defence Academy (EDA). Brown says self-defence
can land YOU in jail, instead of the ‘alleged’ perpetrator.’ starts with awareness and pre-thought. ‘It is not about being a
Britz warns.
Rambo or having a black belt – it is about using your brain and
Know the Law asked Britz to give legal comment on this calming the situation down.’ Brown says EDA makes the training
potential scenario: You are awakened at 03h00 by hearing realistic, as most people freeze when they are confronted with
sounds coming from the bathroom. Your spouse is not in the bed a violent situation. ‘Your body enters a fight or flight mode. Your
next to you. You take your gun and investigate. On the way to the adrenaline increases, your fine motor skills decrease and you
bathroom you find your spouse gagged in the passage. When cannot think clearly.’ Britz confirms this. ‘This has opened my
you open the bathroom door, you see a man exiting through the eyes to what our clients go through. Even though I know the law,
window with your TV. He swears at you and warns you to not your perspective changes when you see the knife, take a few
come any closer or he will kill you. You fire a shot in his direction, knocks and feel the pain. Your instinct for revenge takes over.
killing him. What does the law say? Was it self-defence or This is exactly where you might lose the legal battle.’ Brown
murder? Britz says law is tricky in this regard, but that the most explains that EDA concentrates on preparing students regarding
important principle to understand is that you may not use more their legal boundaries. ‘Take some time to know the law and talk
force than is reasonably necessary to subdue an immediate your family through potential scenarios in your house, legal and
attack – even in your own home. ‘Each case will be determined physical. What is the use of winning the ‘fight’ but losing the
individually on its own set of facts and circumstances. The battle by going to jail or spending thousands on legal fees?’ An
onus will be on the State to prove beyond reasonable doubt exhausted Britz added this last bit of advice: ‘In today’s world
that you realised or ought reasonably to have realised that you the most important self-defence weapon is the Law. Make sure
were exceeding the bounds of self-defence if you caused more you are legally prepared.’
harm or injury to the intruder than is justified by the attack. In
this scenario, the intruder was on his way out and unarmed
For more information on courses at EDA, visit their website:
when you shot him. You might be found guilty of murder. Bottom
www.elitedefenceacademy.co.za or call Des Brown on 076 533 9715
line: Legally speaking, you cannot take a gun to a knife fight –
EDA courses undertaken at own risk. Clientèle Legal does not take responsibility for any injury or damages suffered as a result of EDA training.
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SUPERIOR LEGAL SERVICES IN ACTION
Our Legal Advisors are standing by to help you!
Did you know?
We recently secured
an amount in excess of
R250,000
for a client
‘My greatest pride is in knowing that I make a difference. When
clients call to say ‘thank you’ it means the world to me. I am not
only delivering a legal service, but a service to the community.
I’m helping to make legal advice affordable to all South Africans.’
on a CCMA matter.
Mariska Blom, Legal Advisor
Product Information
Clientèle Legal now also offers legal business cover.
Personal
Business
• Superior legal services 24 hours a day, 7 days a week
– even over weekends and public holidays
• Cover from R140 per month
• Includes cover for you, your spouse and children
under 18
• No excess payable when you claim
• Covers civil, criminal and labour matters
• Cover for all small and medium sized businesses
(From 1 employee to 400 employees)
• Affordable options: From R650 per month
• Covers a wide range of legal business services, including:
- Labour
- Civil
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- Debt Collection
Terms and conditions apply
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