What happens if you committed a petty offence (like shoplifting) and you want to clear your name? The act that applies is the Criminal Procedure Act 51 of 1977, that provides that your criminal record can be ‘expunged’ from the records of the Criminal Records Centre after ten years have elapsed from the date of… Continue Reading
Unlawfully evicted?
Because the landlord has evicted you without first getting a court order, you need to bring what is called a “spoliation” application to be allowed back onto the leased premises. As you clearly don’t have funds for a lawyer, you can approach your local Magistrates’ court. I know that the Randburg Magistrate’s court offers the… Continue Reading
Warrant for your arrest
If you ignored a summons requiring you to appear in court for failing to pay a traffic fine, the court may issue a warrant for your arrest for being in contempt of court. Practical steps to follow: If you do get stopped and they want to arrest you, demand to see a copy of the… Continue Reading
AARTO traffic fines
Traffic fines under Administrative Adjudication of Road Traffic Offences Act, No. 46 of 1998 (AARTO), currently applicable to Tshwane and Johannesburg. Traffic offences set out in section 29(a) of the act are processed in terms of AARTO. The initial Infringement Notice will either be written by hand, or electronically generated by the eNaTIS system, in… Continue Reading
Fines issued in terms of the Criminal Procedure Act
After an infringement is captured on camera, within 30 days, a notice of offence under Section 341 of the Criminal Procedure Act must be generated and sent to the alleged infringer. The Section 341 notice sets out a timeframe in which a fine may be paid before issue of Summons. The notice is posted via… Continue Reading
Non compos mentis
A client asked me if she could still act on a power of attorney that her mom signed in her favour, now that her mom had been diagnosed with dementia. At law, a power of attorney terminates on the incapacity of person (who becomes incompetent in law and is deemed “to be of unsound mind… Continue Reading
What to do after an accident
By Roy Bregman Bregman Moodley Attorneys What are your duties after a crash? What are your rights if you are injured or your car is damaged? Y0UR RIGHTS AND OBLIGATIONS AFTER A COLLISION If you are involved in involved in or contribute to an accident on a public road in which another person is killed… Continue Reading
Are You Being Abused?
You can apply for a Protection Order which can protect you from further abuse. How are you being abused? Physical abuse: pushing, slapping, punching, kicking, burning, biting, stabbing. Verbal abuse: putting you down, name- calling, yelling, and belittling you. Sexual abuse: having sex with you against your will, making you do sexual things you don’t… Continue Reading
How To Get A Protection Order
Domestic violence is the term used when a person in a household abuses another person with whom he or she is living. It occurs between people who are in a relationship with each other. These relationships include married couples, dating couples, ex-partners, children, and members of the same household. Domestic violence occurs on a daily… Continue Reading
Your rights if stopped at a roadblock
Know your rights and don’t be afraid to report incidents of intimidation either at your local police station or to: Corruption Watch: http://www.corruptionwatch.org.za and/or Justice Project: 087 809-0399 and https://www.jp-sa.org/. Always have these numbers handy on your cell phone (that I suggest you save under ‘Lawyer’ or ‘Lawyer / Traffic’) namely your lawyer and the Anti-Corruption Hotline 0800 203 172. These are your… Continue Reading
