Legal Q&A

Can WhatsApp messages be used as evidence in court?

Yes — electronic communications including WhatsApp messages are admissible under the Electronic Communications and Transactions Act (ECTA). To strengthen admissibility: preserve the originals (export the full chat), ensure metadata (sender, timestamps) is intact, and be prepared to have the authenticity verified by a digital forensic expert.

My employer fired me without a hearing. What can I do?

This sounds like a procedurally and possibly substantively unfair dismissal. Under the LRA, your employer must follow a fair procedure — including a disciplinary hearing where you can state your case. Dismissal without a hearing is almost always procedurally unfair. You have 30 days from your last day of employment to refer a dispute to the CCMA. Don't miss that deadline.

What are my rights if I'm arrested?

Upon arrest, your son has the right: to be told why he's being arrested; to remain silent; to consult a legal practitioner privately before questioning; to be brought before a court within 48 hours. Call Legal Aid on 0800 110 110 (toll-free) if you can't afford an attorney. Do not let him make any statements to police without an attorney present.

My landlord is threatening to evict me without going to court. Is this legal?

No — this is an illegal eviction. In South Africa, a landlord cannot evict you without a court order, regardless of how far behind you are on rent. Changing locks without a court order is a criminal offence. The landlord must apply to the Magistrate's Court under the Prevention of Illegal Eviction Act (PIE). You have the right to appear in court and present your circumstances.

My boss made a racist comment about me at work.

This constitutes racial harassment and unfair discrimination under the Employment Equity Act. File a formal grievance in writing with HR immediately. If HR fails to act, refer a discrimination dispute to the CCMA under section 10 of the EEA within 6 months. You can also file with the South African Human Rights Commission (SAHRC). Document everything: dates, witnesses, the exact words used.

A debt collector is calling me 10 times a day. What are my rights?

No, this is not legal. Under the National Credit Act and the Debt Collectors Act, collectors cannot contact you at unreasonable times, use harassment tactics, or make false statements. Write them a formal letter demanding they only contact you in writing. Report them to the Council for Debt Collectors and the NCR. Also check if the debt may be prescribed — debts over 3 years old where you haven't acknowledged in writing may no longer be enforceable.

How do I apply for a protection order against my partner?

Apply for an interim protection order at any Magistrate's Court — it's free and you don't need an attorney. Ask the court clerk for a Form 2. The court can grant an interim order the same day, served on your partner. A return date is set for both parties to appear. If you're in immediate danger: call SAPS on 10111 or go to any police station.

Can my landlord keep my deposit for normal wear and tear?

No — the Rental Housing Act prohibits deductions for fair wear and tear. Normal use over 3 years (faded curtains, minor scuffs) is expected and cannot be charged. Landlords can only deduct for damage beyond normal use. If no joint ingoing inspection was done, the landlord has very limited grounds to claim anything. Send a formal letter and refer to the Rental Housing Tribunal — it's free and binding.

I got a traffic fine from 2021 and now there's a warrant for my arrest.

Go to the traffic department or Magistrate's Court where the fine was issued and pay the outstanding fine plus costs. Once paid, the warrant is cancelled. You can also check on the AARTO portal or eNaTIS for some municipalities. Do this before being stopped at a roadblock — walking in voluntarily is always better than being arrested.

Can my employer make me sign a restraint of trade?

Restraints of trade are enforceable in South Africa but courts apply a reasonableness test: does the employer have a legitimate proprietary interest to protect? Is the restraint reasonable in duration, geographic area, and scope? A 2-year nationwide ban is often found unreasonable unless you're very senior. Courts will enforce what is reasonable and sever what isn't.

How is child maintenance calculated?

Maintenance is calculated based on the actual costs of the children's needs proportioned between both parents according to their respective incomes. Courts use the pro rata contribution approach — if you earn R20k and he earns R30k, he contributes 60% of the children's total needs. Start by calculating actual monthly child costs, then get both income statements.

How to Get a Copy of Divorce Decree

To obtain a certified copy of your divorce decree in South Africa, you must apply either at your nearest Department of Home Affairs office or the court where your divorce was granted. You will need your ID number, case number (if available), and the original decree date. The process typically costs R75 and takes 6–8 weeks for processing. Where to Apply Option 1: Department of Home Affairs (Easiest) The Department of Home Affairs maintains registers of all registered divorces in South Africa. This is the primary place to request certified copies. Locations: Main office: Department of Home A

How to Get Power of Attorney

Getting a power of attorney in South Africa is straightforward if you follow the correct execution steps. The process takes 1–3 weeks and costs R500–R2,000 (see the Legal Practice Council for practitioner requirements) depending on whether you self-draft or hire an attorney. A valid PoA requires your signature, two independent witnesses, and notarisation if it grants authority over immovable property. Most banks and third parties will only honour a notarised PoA, so professional execution is recommended. Step 1: Decide the Type and Scope Before drafting, clarify what authority you're grantin

What Is the Labour Relations Act?

The Labour Relations Act 66 of 1995 (LRA) is South Africa's foundational statute governing the relationship between empl — overseen by the Department of Employment and Labour —oyers and employees. It establishes the legal framework for collective bargaining, regulates strikes and lockouts, protects workers from unfair labour practices, and creates mechanisms for resolving workplace disputes. Nearly every employer in South Africa—from multinational corporations to small businesses—is bound by the LRA's provisions. Core Purpose & Coverage The LRA's overarching purpose is to advance economic de

What is debt review and how does it work in South Africa?

Debt review is a formal debt relief process created by section 86 of the National Credit Act 34 of 2005 (NCA). It allows over-indebted consumers to restructure their debt repayments under the supervision of a registered debt counsellor, giving them legal protection from creditors while they repay what they owe at a reduced monthly amount. How Debt Review Works: The Full Process Debt review follows a structured legal process. Each stage is defined by the NCA and overseen by the National Credit Regulator (NCR). Step 1 — Apply to a Registered Debt Counsellor You apply by submitting Form 16 to

What Type of Lawyer Makes the Most Money?

Corporate lawyers specialising in Mergers & Acquisitions (M&A), Banking & Finance, and Tax Law make the most money in South Africa, earning R100,000–R250,000+ (sourced from Legal Practice Council market data) per month at mid-level and R300,000–R1,000,000+ as partners at the Big 5 corporate law firms. This is substantially higher than litigators, general practitioners, and in-house counsel. Here is the comprehensive breakdown of highest-paying legal specialisations. Highest-Paying Legal Specialisations 1. Corporate M&A (Mergers & Acquisitions) — R100,000–R250,000+ (junior to senior) Handles

Is a verbal contract legally binding?

Yes — verbal contracts are legally binding in South Africa for most types of agreements. The challenge is proof. Evidence: WhatsApp or email discussions referencing the work, invoices you sent, witnesses, bank records showing partial payments. Sue in the Magistrate's Court (up to R400k) or High Court for larger amounts.

How do I remove debt review from my credit record?

The debt review flag is removed from your credit record when your debt counsellor issues a clearance certificate under the National Credit Act (NCR) — section 71(1) of the National Credit Act 34 of 2005 (NCA) and sends it to all registered credit bureaus. The bureaus are then legally obligated to update your record. The process takes between 7 and 21 business days after the certificate is issued. Step-by-Step: How to Clear Your Name from Debt Review Step 1 — Settle All Debts Listed in Your Court Order The clearance certificate can only be issued once every credit agreement included in your

Can I still claim from the RAF after 3 years?

You have 3 years from the date of the accident to file a RAF claim (the prescription period). If your accident was in 2023, your claim is still within time — but act urgently. There are exceptions that can extend this period in some circumstances (e.g. if you were a minor), but don't rely on them. Contact a RAF specialist immediately and keep all medical records.

How Does Small Claims Court Work in South Africa?

Small Claims Court is a fast, informal, self-representation-only procedure for disputes up to R20,000 — administered by the Department of Justice — (2026). Designed for regular people without lawyers, it resolves simple contract breaches, unpaid debts, and property damage in 30–60 days with minimal cost (~R150–R250). The process is: file a claim, court serves the defendant, defendant responds, hearing occurs, and the Commissioner decides same-day. Importantly, there is no appeal on merits — the Commissioner's decision is final on the facts. Small Claims Court is one avenue for self-help legal

How long does debt review last in South Africa?

Debt review typically lasts between three and five years in South Africa, but the National Credit Act 34 of 2005 (NCA) does not prescribe a fixed maximum or minimum duration under section 86. The process ends — regardless of how many years have passed — only when every debt listed in your court order has been paid in full and your debt counsellor issues a clearance certificate under section 71(1) of the NCA. The National Credit Regulator (NCR) oversees registered debt counsellors and enforces compliance with these rules. To understand the full process, see what is debt review and how does it w

How to Deal with Debt Collection Attorneys

Receiving a demand letter from a debt collection attorney can be alarming, but South African law provides robust protections for consumers. The Debt Collectors Act 114 of 1998 and the National Credit Act 75 of 2005, enforced by the NCR, strictly regulate debt collection practices and offer multiple mechanisms to challenge or resolve debt disputes. Understanding your rights allows you to respond strategically and avoid costly litigation or unnecessary payment. Your Key Rights Under South African Law The Debt Collectors Act and the National Credit Act prohibit a range of collection abuses: Ha

What Is a Litigation Lawyer?

A litigation lawyer, regulated by the Legal Practice Council, (also called a "litigator") is a specialist practitioner focused on resolving legal disputes through the court system and alternative dispute resolution mechanisms (arbitration, mediation, settlement negotiation). Litigators handle contested matters—lawsuits, criminal cases, and family disputes—where parties have conflicting legal interests and cannot reach agreement through negotiation. They are the opposites of transactional lawyers, who prevent disputes through well-drafted agreements. Core Functions of Litigation Lawyers Civil

What Subjects Do I Need to Become a Lawyer?

There are no specific mandatory Matric subject requirements to study law in South Africa, beyond English and meeting the Admission Points Score (APS) threshold set by individual universities, as listed on LPC-accredited programmes. However, certain subjects strengthen your application and academic preparation. Here is what South African law faculties expect and recommend. Mandatory Matric Requirements English (Home Language or First Additional Language): All South African law universities require a minimum Matric English achievement (typically Grade 5 or higher, depending on the law faculty)

Can I get legal aid for a criminal case?

Legal Aid South Africa provides free legal representation to accused persons who cannot afford an attorney and meet the means test. In serious criminal cases where imprisonment is likely, you have a constitutional right to legal representation at state expense. Apply at the Legal Aid office at your nearest Magistrate's Court. Bring ID and proof of income (or affidavit confirming no income).

My employer hasn't paid over my UIF contributions.

This is illegal. Employers must register employees with the UIF and pay over 2% of monthly wages. Report the employer to the Department of Labour's UIF division at any Labour Centre. The Department can investigate and impose penalties. You may still be able to claim UIF retroactively if the employer is forced to register and pay arrear contributions.

Who Qualifies for Legal Aid in South Africa?

You qualify for legal aid in South Africa if you meet both a means test and a merit test administered by Legal Aid South Africa (LASA). The means test assesses your household income and assets; the merit test evaluates whether your case has reasonable prospects of success. Qualifying claimants receive free or subsidised legal representation in criminal, civil, and children's court matters. If you do not qualify for legal aid, you may still access free legal advice or pro bono lawyers through other channels. Means Test Requirements Legal Aid SA applies a strict means test to determine eligibi

How much does debt review cost in South Africa?

Debt review fees are regulated by the National Credit Regulator (NCR) under Table B of the NCA Regulations made under the National Credit Act 34 of 2005. For a full overview of debt review and how it works, see what is debt review. No debt counsellor may charge more than the prescribed maximums. Removing the debt review flag from your credit record after completion is free — it happens automatically when a clearance certificate is issued under section 71(1) of the NCA. The Regulated Fee Structure Under NCA Regulations Table B Application Fee — R50 A once-off application fee of R50 (inclusiv

How to Check Your RAF Claim Status

You can check the status of your Road Accident Fund (RAF) claim using three methods: the online portal at raf.co.za, a phone call to the RAF claims line, or an in-person visit to your nearest RAF regional office. The fastest and most convenient method is the online portal, which provides real-time updates. Processing typically takes 120 days for serious injury assessment and 6–24 months for full settlement, depending on the complexity of your case. Method 1: Check Online via the RAF Portal (Fastest) The RAF has launched a new online portal allowing claimants to track claims 24/7. How to acc

How do I get out of debt review in South Africa?

You cannot simply cancel or opt out of debt review once a court order has been granted. The National Credit Act 34 of 2005 (NCA) provides three lawful exit routes, each with specific requirements. Which route applies to you depends on how far along in the process you are and whether a court order has already been issued. The 3 Legal Ways to Exit Debt Review Route 1 — Complete Your Payments and Obtain a Clearance Certificate (Section 71) This is the standard and intended exit path. Once you have paid all the debts listed in your court order in full, your debt counsellor is obligated under se

Can I Claim RAF After 20 Years?

No, you cannot claim from the Road Accident Fund (RAF) after 20 years. Your claim will almost certainly be prescribed (legally expired) under South African law. The general prescription period for personal injury claims is 3 years from the date of the accident, not 20 years. Once this period lapses, the RAF has a complete legal defence against your claim, and you will be unable to recover any compensation, regardless of the strength of your case. For a full walkthrough of how to submit a valid claim, see how to claim from the RAF. How Prescription Works for RAF Claims Under the Prescription

How Much Do Criminal Lawyers Earn?

Criminal lawyer earnings in South Africa vary dramatically based on experience level, location, practice type (private vs. state), and specialization. Understanding these variations — as tracked by the Legal Practice Council (LPC) — helps aspiring lawyers and clients alike set realistic expectations for legal fees. For a broader overview of the profession, see what does a criminal lawyer do. Junior Criminal Lawyers (0–5 Years Experience) Junior criminal lawyers employed by law firms typically earn between R15,000 and R30,000 per month. This includes attorneys in their articles (apprenticeshi

How to Become a Lawyer in South Africa

Becoming an admitted attorney in South Africa requires a minimum of six years of education and practical training, governed by the Legal Practice Act 28 of 2014, overseen by the Legal Practice Council (LPC). The process follows four mandatory stages: a four-year law degree, two years of articles (articles clerks), a board examination, and finally High Court admission followed by Law Practice Council (LPC) registration. Here is the complete pathway. Stage 1: Bachelor of Laws (LLB) Degree — 4 Years The first requirement is an accredited LLB degree from a South African university recognised by

What is Divorce?

Divorce is the legal dissolution of a marriage by a court of law. In South Africa, divorce is governed by the Divorce Act 70 of 1979, which defines it as a court order terminating the marriage relationship. Once a final divorce decree is issued, both parties are legally single and free to remarry. Divorce is distinct from separation (living apart without legal termination) and differs between uncontested divorces (agreed) and contested divorces (disputed). Legal Definition in South African Law Under the Divorce Act 70 of 1979, a divorce is granted by a court when the ground of irretrievable

How long does an uncontested divorce take?

An uncontested divorce typically takes 4–8 weeks in South Africa, sometimes faster in less congested courts. You need a settlement agreement covering assets, maintenance, and parental responsibilities. A good attorney can draft and file it within a few days. Gauteng courts are generally slower due to backlog — Western Cape and smaller regional courts are quicker.

How to Apply for Divorce in South Africa

Divorce in South Africa is a formal legal process governed by the Divorce Act 70 of 1979, administered by the Department of Justice and Constitutional Development. To apply for divorce, you must establish grounds under Section 4 of the Act and follow specific procedural steps through either the Regional Court (for uncontested divorces) or the High Court (for contested matters). The process typically takes 4-8 weeks for uncontested cases and 6 months to 3+ years for contested ones. Grounds for Divorce Under Section 4 of the Divorce Act, there is only one ground for divorce: the irretrievable

What happens to my spouse's debt when they die?

Your liability depends on your marital regime. Married in community of property: you share all assets AND debts. Married out of community of property: his debts remain his estate's debts only — creditors claim from his estate, not from you personally. Do not make any personal payments to creditors — the executor appointed by the Master of the High Court handles this. Consult an estates attorney immediately.

How do I check if I am under debt review?

You can check your debt review status in three ways: by pulling your credit report from one of the four registered credit bureaus, by contacting your debt counsellor directly, or by checking the National Credit Regulator (NCR)'s debt counselling register. Your credit report is the most reliable and complete source because it shows the exact flag and how it appears to potential lenders. Method 1 — Pull Your Credit Report from a Registered Bureau When you are placed under debt review, your debt counsellor is required under section 86(4)(b)(i) of the National Credit Act 34 of 2005 (NCA) to noti

What Does an Attorney Do?

In South Africa, an attorney is a fully admitted practitioner licensed by the Legal Practice Council (LPC) to provide legal services directly to clients, represent clients in lower courts, and offer specialist advice on a broad range of legal matters. The term "attorney" is specific to South Africa and has a distinct meaning that differs from "advocate" and from the American definition of "attorney." Core Functions of an Attorney Client Representation and Advice: Provides direct legal advice to individuals, businesses, and organisations Drafts legal documents including contracts, wills, trus

What is the Small Claims Court limit?

The Small Claims Court limit is R20,000 — so your R18,000 claim falls within jurisdiction. No attorneys allowed on either side. File at the Clerk of the Small Claims Court at your nearest Magistrate's Court. You'll need: written evidence of the agreement, proof of payment, photos, and correspondence. Process is free and typically resolved within 60–90 days.

How Much Does Divorce Cost in South Africa?

Divorce costs in South Africa vary significantly depending on whether your divorce is uncontested (both parties agree) or contested (disputed). An uncontested divorce typically costs R5,000–R15,000, while contested divorces range from R30,000 to R100,000 or more. Court fees, sheriff service costs, and attorney hourly rates are the primary expense drivers. For a full breakdown of the divorce procedure, see how to apply for divorce in South Africa. Divorce procedures are governed by the Divorce Act 70 of 1979 under the oversight of the Department of Justice and Constitutional Development. Uncon

How to Claim RAF: Complete Step-by-Step Process

To claim from the Road Accident Fund (RAF) in South Africa, you must follow a structured six-step process via the Road Accident Fund (RAF) that begins at the scene of the accident and ends with settlement or litigation. The process is defined by the RAF Act 56 of 1996 and RAF procedures. Most claims are settled within 6–18 months if uncontested, but you must start within 3 years of the accident or your claim will be permanently prescribed (time-barred). Step 1: Obtain a SAPS Accident Report (Immediately) The first and most critical step is to get a police report. Call the South African Polic

How to Open a Law Firm in South Africa

Opening a law firm in South Africa requires full admission as an attorney, Legal Practice Council (LPC) registration, professional indemnity insurance, and a trust account, in addition to business planning and initial capital. The process is regulated under the Legal Practice Act 28 of 2014 and Rules of the Law Practice Council. Solo practitioners, small partnerships, and larger firms follow the same legal pathway; the main variables are business structure and operational scale. Prerequisites to Opening a Law Firm 1. Admission as an Attorney You must be a fully admitted attorney to the High

Do I need a conveyancer to buy property?

Property transfers in South Africa must legally be done by a conveyancer — no way around it. The seller typically appoints the conveyancer, so you may not have direct choice. However, you can request a firm you trust. The conveyancer handles: title deed checks, drafting the agreement, calculating transfer duty, and lodging at the Deeds Office. Budget for transfer duty (>R1.1M purchase price), conveyancer fees, and bond registration fees.

How to Get a Free Divorce in South Africa

Free divorce services in South Africa are available to qualifying low-income individuals through Legal Aid South Africa, university law clinics, and community NGOs. If your household income is below R8,000 per month and you meet the means test under the Legal Aid South Africa Act 22 of 1969, you are eligible for free legal representation in divorce proceedings. Legal Aid South Africa Eligibility You qualify for free legal aid if: Your monthly household income is below R8,000 (as of 2026; this threshold is adjusted annually) You cannot afford private legal representation Your case has reasona

What is Family Law?

Family law is the area of law that governs relationships within the family, including marriage, divorce, custody, adoption, maintenance, and protection from domestic violence. In South Africa, administered through the Department of Justice, family law is regulated by multiple statutes including the Divorce Act 70 of 1979, the Children's Act 38 of 2005, the Domestic Violence Act 116 of 1998, and the Maintenance Act 99 of 1998. Family law attorneys help clients navigate these legal frameworks to protect their rights, interests, and the welfare of children. Scope of Family Law Family law encomp

How to Get a Pro Bono Lawyer in South Africa

A pro bono lawyer donates their time to provide free legal representation without payment. In South Africa, coordinated through the Legal Practice Council (LPC), the Law Society of South Africa (Law Protection Committee) mandates that all attorneys complete 24 hours of pro bono work annually under the Attorneys Act 53 of 1979, Rule 3. You can access pro bono legal services through seven main pathways: university law clinics, Legal Aid South Africa, ProBono.org.za, Lawyers Against Abuse, and specialised NGO networks. What Pro Bono Means "Pro bono publico" (for the public good) means an attorn

Who Qualifies for a RAF Claim? Eligibility Requirements

You qualify for a Road Accident Fund (RAF) claim if you suffered bodily injury in a road accident that occurred in South Africa — under the RAF Act 56 of 1996 — Africa and was caused by the negligent driving of another person. This covers drivers, passengers, pedestrians, cyclists, and any other road users. You do not need to have been the driver; the RAF pays any injured person, regardless of their role. The only major disqualification is if you were the sole cause of the accident due to your own negligence (but even then, exceptions may apply). The Four Eligibility Requirements To qualify

What Is Power of Attorney in South Africa?

A power of attorney (PoA) is a legal document in which you (the principal) authorise another person (the attorney-in-fact or agent) to act on your behalf in legal and financial matters. In South Africa, regulated by the Legal Practice Council, powers of attorney are governed by common law, not statute. Three types exist: General, Special (Specific), and Enduring—though South Africa does not recognise a statutory "lasting" or "durable" power of attorney that survives your incapacity, unlike jurisdictions such as the UK or US. Key Principle: Agency Under Common Law Powers of attorney rest on t

How do I change my antenuptial contract after marriage?

It requires a High Court application under section 21(1) of the Matrimonial Property Act. Both spouses must consent and no creditor's interests can be prejudiced. The process involves: joint application by both spouses, a notarial post-nuptial contract drafted, registered in the Deeds Office after court approval. Typically costs R15,000–R30,000 and takes 3–6 months.

What Does a Criminal Lawyer Do?

A criminal lawyer represents an accused person in criminal proceedings, defending their legal rights — governed by the Criminal Procedure Act 51 of 1977 — from the moment of arrest through trial and appeal. Their role spans multiple stages: securing bail, preparing a robust defence, negotiating with prosecutors, presenting evidence at trial, and pursuing appellate remedies when necessary. Criminal lawyers are distinct from prosecutors (who represent the State) and civil litigation lawyers who handle non-criminal disputes. If you cannot afford a criminal lawyer, you may qualify for free legal a

What Is Conveyancing?

Conveyancing is the legal process of transferring ownership of land or property from one person to another. In South Africa, conveyancing is a regulated profession overseen by the Legal Practice Council (LPC)—only registered conveyancers (licensed by the Law Protection Committee under the Attorneys Act 53 of 1979, Section 15) can conduct conveyances. The conveyancer manages the sale agreement, financial checks (FICA), payment of transfer duties, lodgement at the Deeds Office, and registration of the property in the new owner's name. A typical conveyance takes 8–12 weeks and costs 1–2% of the p

How Long Does RAF Take to Pay Out?

The Road Accident Fund (RAF) typically takes 6–18 months to pay out uncontested claims, but 2–5 years for disputed cases that go to court. The timeline depends on the complexity of your injuries, whether the RAF accepts or disputes liability, and how quickly you provide required medical and financial evidence. Even after a court order, the RAF often delays payment a further 6–12 months, though it is legally required to pay within 180 days under the RAF Act 56 of 1996. For more on RAF payouts and compensation limits, see how much does RAF pay, or find RAF claim attorneys to assist with your cla

Where to Report Lawyers in South Africa

If you believe a lawyer has acted unethically, negligently, or dishonestly, South Africa's legal profession — regulated by the Legal Practice Council (LPC) — has formal mechanisms for reporting and investigating misconduct. The primary body is the Legal Practice Council (LPC), which investigates complaints and disciplines attorneys and advocates who breach professional standards. Understanding the reporting process helps protect consumers and maintain the profession's integrity. The Legal Practice Council (LPC) The Legal Practice Council, established under the Legal Practice Act 28 of 2014,

How Long Does Divorce Take in South Africa?

Divorce timelines in South Africa depend entirely on whether the divorce is uncontested (agreed) or contested (disputed). An uncontested divorce typically takes 4–8 weeks from application to final decree, while contested divorces can take 6 months to 3+ years. There is no "immediate" or "quickie" divorce in South Africa; all divorces must follow formal court procedures and waiting periods under the Divorce Act 70 of 1979. For full procedural steps, see how to apply for divorce in South Africa. You can verify current court procedures through the Department of Justice and Constitutional Developm

Where to Get Free Legal Advice in South Africa

You can access free legal advice and representation from seven primary sources in South Africa: Legal Aid South Africa, university law clinics, the Commission for Conciliation, Mediation and Arbitration (CCMA), Maintenance Court, Small Claims Court, ProBono.org.za, and specialised NGOs. Each serves different legal needs and income levels. Most require no upfront fees or cost dramatically less than private attorneys. 1. Legal Aid South Africa (LASA) Legal Aid South Africa provides free legal representation to qualifying low-income individuals (household income ≤R8,000/month). No fee if you me

What Is a Patent Attorney?

A patent attorney is a specialist practitioner registered with the Companies and Intellectual Property Commission (CIPC) and intellectual property (IP) practitioner qualified to file, prosecute, and enforce patents, trademarks, designs, and copyrights on behalf of inventors and companies. In South Africa, patent attorneys are not automatically attorneys-at-law; they are separate professionals trained in intellectual property law and registered with the Companies and Intellectual Property Commission (CIPC) under the Patents Act 57 of 1978 and the Trade Marks Act 194 of 1993. What Patent Attorn

How Long Does It Take to Become a Lawyer?

In South Africa, becoming a fully admitted attorney takes a minimum of 6 to 7 years, divided into distinct phases under the Legal Practice Act 28 of 2014. This timeline is non-negotiable and applies to all aspiring lawyers regardless of background or prior education. Each phase has specific legal requirements and must be completed sequentially. Admission and ongoing registration is governed by the Legal Practice Council (LPC). For a step-by-step breakdown of the entire process, see how to become a lawyer in South Africa. Phase 1: Bachelor of Laws (LLB) Degree — 4 Years The first stage is com

Is debt review a good idea in South Africa?

Debt review is a good idea if you are genuinely over-indebted, at risk of losing your home — regulated by the National Credit Regulator (NCR) — or vehicle, and committed to a multi-year repayment plan. It provides the strongest legal protection available to an individual consumer under South African law. It is not a good idea if your financial difficulty is short-term, you can manage your debts with minor adjustments, or you are not prepared to forgo new credit for several years. What Debt Review Protects You From Once your debt counsellor notifies your credit providers under section 86(4)(b

Who Gets Custody of Child in Divorce South Africa?

In South Africa, child custody is determined based on the best interests of the child, not the gender of the parent. Since 2006, there is no automatic preference for mothers. The court, applying the Children's Act 38 of 2005, appoints a Family Advocate to investigate custody arrangements and make a recommendation. The final decision rests with the judge, who considers factors like the child's relationship with each parent, stability, and the child's own preference (if old enough). The Best Interests of the Child Standard Section 7 of the Children's Act 38 of 2005 establishes that the child's

How to Get a Court Order Without a Lawyer

You can obtain a court order in South Africa without hiring a lawyer in three forums where legal representation is either prohibited or unnecessary: Small Claims Court, Maintenance Court, and Protection Orders. In these specialised courts — administered by the Department of Justice and Constitutional Development — procedures are simplified, court staff assist self-representing parties, and judges expect applicants to handle their own cases. For more complex High Court matters, self-representation is theoretically possible but extremely risky and not recommended. 1. Small Claims Court (Best Op

How Much Do Lawyers Earn in South Africa?

Lawyer salaries in South Africa vary significantly based on experience level, practice area, firm size, and location. Attorneys in Johannesburg and Cape Town earn substantially more than those in provincial towns, and specialists in corporate law, tax, and IP command premium rates. For context on what type of lawyer earns the most, see what type of lawyer makes the most money. Here is the realistic salary breakdown for South African legal practitioners, all admitted and registered with the Legal Practice Council (LPC). Candidate Attorney (Article Clerk) — Years 0–2 During the mandatory two-y

What Does a Corporate Lawyer Do?

A corporate lawyer (also called a "corporate attorney" or "commercial lawyer" in South Africa) is a specialist practitioner — registered with the Legal Practice Council (LPC) — focused on business transactions and regulatory compliance rather than litigation. Corporate lawyers advise companies on mergers, acquisitions, financing, regulatory compliance, and day-to-day commercial agreements. This is the highest-paying specialisation in South African law, particularly at the "Big 5" corporate law firms. Core Functions of Corporate Lawyers Mergers and Acquisitions (M&A): Advises buyers and selle

How Much Does RAF Pay? Compensation Limits & Caps 2026

The Road Accident Fund (RAF) compensates you for actual medical and rehabilitation costs, loss of income (capped at R311,921 per year in 2026), and general damages for pain and suffering if you have a "serious injury." For eligibility requirements, see who qualifies for a RAF claim. To understand the claim process, see how to claim RAF. For death, the RAF pays loss of support and a capped funeral benefit of R10,000. There is no cap on pain and suffering damages if your injury is serious, but the RAF uses strict legal tests to determine what qualifies as "serious." What the RAF Pays: Complete