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Celebrating 30 Years of LAW FOR ALL

Posted on by LAW FOR ALL

For three decades, LAW FOR ALL has been empowering South Africans with award-winning legal cover. Join us in celebrating our legacy of breaking down barriers to justice and shaping a better future for all.

Breaking Barriers to Justice: Our Legacy of Empowerment

In the early 1990s, a group of change-makers saw the deep injustices and inequalities that persisted in the wake of apartheid and believed that true democracy and freedom could only be achieved through access to justice. They had the revolutionary idea of ensuring that South Africans had an affordable form of legal protection, regardless of their background or economic status: legal insurance cover. With a fierce commitment to social justice, these visionaries founded the Legally Independent People’s Corporation (LIPCO), which is now known as LAW FOR ALL.

Shaping a Better Future for All

The work of our founders has been an inspiration to activists, lawyers, and everyday citizens alike. We continue to honour their legacy and remain committed to making legal services accessible. Today, LAW FOR ALL stands as a beacon of empowerment, supporting South Africans from all walks of life. Our award-winning legal cover provides more than just protection and peace of mind when legal challenges arise. Our dedicated team ensures our clients have the freedom to pursue their life goals and aspirations with a trusted legal ally in their corner.

Celebrating LAW FOR ALL Milestones

From humble beginnings in 1993 to being recognised as one of the best legal teams on the continent in 2019, we have come a long way! There have been many milestones that have shaped LAW FOR ALL into the legal trailblazer it is today:

1993 – Our journey began with the founding of LIPCO, which opened its first office in Pretoria.

LIPCO Original Logo

1996 – Always playing an active role to bring about positive change in people’s lives, LIPCO’s founders met with President Mandela to help draft amendments to legislation.

LAW FOR ALL's Founders Meet Nelson Mandela

1999 – The company expanded operations and opened a new Cape Town Head Office and offices across South Africa, including in Johannesburg, Pretoria, and Durban.

2004 – A partnership was formed with Absa Insurance Company Ltd. to ensure that clients’ rights are underwritten by one of the most reputable insurers in the country.

2012 – The company reached a significant milestone by making access to justice possible for over 200,000 South African families.

2013 – LIPCO helped shape the Legal Practice Act, redefining how the law is practised, by working with the Legal Expense Insurance Forum and engaging with the Department of Justice & Constitutional Development (DOJ&CD).

2014 – The company won a prestigious innovation award for advancing access to justice through its innovative legal insurance products at the African Legal Awards.

2016 – LIPCO rebranded to LAW FOR ALL, to better reflect our commitment to make the law affordable and accessible for everyone.

2017 – Our unwavering commitment to empowering clients with quality legal services was recognised at the African Legal Awards. Our legal team was named one of the best legal teams in Africa.

LAW FOR ALL Wins at African Legal Awards

 

2018 – LAW FOR ALL covered over 1,000,000 people, delivering affordable legal care from anywhere in the country. Our digital channels now allow clients to receive legal assistance conveniently and efficiently.

2021 – The company is recognised by the Top Employer’s Institute as one of the Top 20 Employers in South Africa because of our people-first practices and commitment to transformation. We have a diverse team of 74% female and 85% black, colour and Asian legal professionals.

LAW FOR ALL Top 20 Employer in South Africa

2022 – Our dedication to sound governance and insurance practices was awarded at the African Legal Awards, and our compliance team was named the Best Compliance Team on the continent.

2023 and beyond – Looking toward the future, LAW FOR ALL is committed to continuing to provide affordable and accessible legal care to all South Africans. We will continue to push the boundaries, make history, and change lives for the better.

Looking to the Future

As we celebrate 30 years of LAW FOR ALL, we reflect on our achievements and look forward to the possibilities ahead. We are filled with gratitude for the trust our clients place in us. With a legacy of achievements and a vision of a bright future, we continue to be the ally you can rely on.

To learn more about our legal cover, be sure to have a look at LAW FOR ALL’s affordable comprehensive policies. Sign up today!

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Your Justice Journey Roadmap

Posted on by LAW FOR ALL

Solving a legal problem is a journey – you can’t make the road to justice shorter, but it’s reassuring to have professional legal support along the way.  We follow a step-by-step approach to give you peace of mind that our award-winning legal team handles your case as quickly and effectively as possible while keeping you in the loop from start to finish.

We’ll be there for you every step of the way. Here’s how we will stand by you on your journey to justice:

Step 1: Reach out to us – we’re here to provide caring legal support.

Report your case by calling our Legal Helpline, sending a message on Whatsapp, Facebook Messenger or email. If you want to consult with us in person, feel free to schedule a consultation at one of our offices nationwide.

Open a case now.

Step 2: Get empowering legal advice & guidance.

We assign your case to a Legal Professional who gets to work right away. The Legal Professional will listen to your legal problem, ask you questions and give you professional legal advice and guidance. 

If the advice is all the help you need to resolve your legal dilemma, the case is closed. But if you need our professional intervention, the Legal Professional will request essential documents you need to send to us. The sooner we get these documents, the sooner we can get to work on your case. 

Step 3: We’ll negotiate before we litigate

Once we receive the necessary documents, our award-winning team will negotiate on your behalf and do all we can to settle your legal issue outside of court or another legal forum. Your Legal Professional will guide you through the mediation process. We’re proud to say that we resolve most cases through mediation in just over a month, but with more complex issues, it can take up to a year.

Learn more about why we mediate before we litigate.

Step 4: We’ll cover your legal fees – Ts&Cs apply.  

If it isn’t possible to solve your legal problems through mediation (your case will likely have to go to court), one of LAW FOR ALL’s helpful Litigation Officers will submit a claim request to pay your legal costs and to appoint a hand-picked Panel Attorney to go to court for you. Keep in mind that South African courts receive a considerable number of cases, and it could take between 3 and 72 months to get an outcome. 

Once we have assessed and approved your claim, the Litigation Officer will appoint a Panel Attorney and set up a consultation with you. If your policy doesn’t cover your case, we can’t support your claim. But don’t worry – we will still refer you to one of our Panel Attorneys at a significantly reduced rate.

Step 5: In your corner every step of the road.

We’ll pay your legal fees on time, and we’ll stay in constant communication with your attorney until the case is resolved, and you can go back to living life to the fullest!  


You’re in competent hands. LAW FOR ALL employs real lawyers who have law degrees and are generally also admitted attorneys and advocates. To get the most out of your justice journey, please don’t hesitate to reach out to us with your questions.

Child Abuse in South Africa – How to Identify and Report it

Posted on by LAW FOR ALL

“Not all heroes wear capes” is undoubtedly a phrase you’ve come across at some point. Of course, it speaks to the everyday person who recognised an injustice, stood up and decided to take action. This is incredibly powerful when the person who needs help cannot necessarily do anything about their circumstances themselves. Yes, everyday heroes exist, and they are essential when it comes to identifying and reporting possible child abuse in South Africa. Sadly, child maltreatment, neglect and abuse are on the rise in the country, so we need more people to stand up for the vulnerable members of our society. And while the law does specify that people in certain professions have an obligation to report child abuse, it doesn’t mean you are helpless or without options if your job isn’t on that list. So, if you are wondering where to start and how to possibly make a life-changing difference, we are here to tell you that the law is your superpower!  

Legal context: the child protection laws in South Africa

Our Constitution is very clear about the rights, dignity and protection of children in South Africa. If we look at Section 28 of the Bill of Rights, specifically, it states, “every child has the right to be protected from maltreatment, neglect, abuse and degradation”. What’s more, the Children’s Act No. 35 of 2005 further expands on the rights of minors, as well as setting out the principles relating to their care and protection. It’s also clear about the legal obligation parents have to raise their children in a caring and nurturing way. In short, the best interests of the child must always be prioritised! 

What is child abuse, and what are the types of child maltreatment in South Africa?

Childline defines child abuse as, “any interaction or lack of interaction by a parent or caretaker which results in the non- accidental harm to the child’s physical or developmental state”. As mentioned, child abuse is growing concern in our country, and it’s an issue we need to raise awareness about, with the hopes of ensuring that more people are empowered to do something about it. A significant problem regarding identifying child abuse is the fact that it generally goes unnoticed because a lot of it occurs in the home under the guise of “discipline”. 

The 5 main types of child abuse in South Africa

#1 Emotional abuse

This kind of maltreatment can take many forms. It usually involves the deliberate and consistent belittling, humiliation or ridiculing of a child by a parent or caretaker. Of course, while there is no physical harm done to the child, their development can be severely impacted. Low self-esteem, depression and anxiety are just some of the effects.

#2 Emotional neglect

On a similar note, emotional neglect is also a form of abuse. This speaks to the failures of parents or caretakers when it comes to providing affection, attention and support.

#3 Physical neglect

Emotional neglect shouldn’t be confused with physical neglect, however. The latter refers specifically to the failure of parents or caretakers to provide children with basic needs, such as clothing, food, shelter and medical care. Other forms of physical neglect include child abandonment, kicking children out of their homes and not enrolling them into school. Although, in this regard, we mustn’t be too quick to point fingers of blame as socio-economic factors, especially in South Africa, can sometimes leave parents no choice in some matters. 

#4 Physical abuse

Any bodily harm inflicted on a child, such as bruises, cuts, burns, etc., by a parent, caretaker or stranger is considered physical abuse. However, as SaferSpaces points out, there is often some kind of “social ambivalence” around this issue because “most cultures and societies use some form of physical abuse, usually milder forms such as spanking, as a means of punishing and disciplining children, and have done so for centuries. This makes it difficult to distinguish what behaviour is truly abusive, and infringes on a child’s “health, survival, development or dignity”.

#5 Sexual abuse

When it comes to sexual abuse, it can entail any form of sexual assault or exploitation of children by parents, caretakers or strangers. This includes sexually inappropriate and criminal behaviour, such as rape, incest, fondling and exploitation. 

What are the common signs of child abuse? Some red flags to look out for.

Because most children experience various forms of abuse behind closed doors, it can be difficult for anyone to know any kind of maltreatment or neglect. This is why it’s essential to be observant and not ignore the common signs of child abuse. You could potentially save a life or prevent a child from growing up and dealing with a variety of developmental issues.  A child may be neglected or mistreated if:

  • they seem too anxious and withdrawn
  • they exhibit sudden changes in behaviour or personality and lack concentration
  • they tend to become aggressive suddenly
  • they don’t seem to have any friends and don’t possess necessary social skills
  • they know about adult issues that are not age-appropriate
  • they are covered in bruises or appear to be in some form of pain
  • they are continually absent from school or start to perform poorly in their studies

Please note: this is not an exhaustive list, as various types of abuse can manifest in many different ways. For more info, check out this presentation on Children, Domestic Violence and Addictions. 

So, who can AND must report child abuse in South Africa?

Because our country is dedicated to protecting future generations from all forms of harm, our laws, specifically, Section 110 of the Children’s Amendment Act, state that it is mandatory for people in certain professions to report possible child abuse cases. More specifically, it calls for, “ any correctional official, dentist, homoeopath, immigration official, labour inspector, legal practitioner, medical practitioner, midwife, minister of religion, nurse, occupational therapist, physiotherapist, psychologist, religious leader, social service professional, social worker, speech therapist, teacher, traditional health practitioner, traditional leader or member of staff or volunteer worker at a partial care facility, drop-in centre or child and youth care centre” to report a possible case of child abuse, neglect or maltreatment.

Of course, even if you are not in one of these professions, you can still choose to report a suspected case of abuse on reasonable grounds. Keep in mind that cases of sexual abuse or exploitation, you have a legal obligation under The Sexual Offences Act, to report the abuse as soon as they become aware of it. This is where your inner superhero should kick in and take action! 

How to report child abuse in South Africa

Right, so what’s the next step in reporting child abuse? Well, you should identify an institution that can investigate the issue further. This can be a child protection service, the police or a provincial Department of Social Development. From there, the institution will investigate the matter further and, if necessary, take the measures needed to ensure the safety of the child is prioritised. In all cases, the Department will take on the matter and determine whether or not legal action is necessary.

For more guidance on reporting child abuse, feel free to contact:


South African Police Services (SAPS)

Emergency line: 10111

Child abuse reports: childprotect@saps.gov.za


LifeLine South Africa

Tel: 0861 322 322

Website: www.lifelinesa.co.za


The Child Emergency Line

Toll-free: 0800 123 321

Women and Men Against Child Abuse

Tel: 011 789 8815

Website: www.wmaca.org


Childline South Africa

Toll-free: 08000 55 555

Tel: 031 201 2059

E-mail: admin@childlinesa.org.za

Website: www.childlinesa.org.za


Child Welfare South Africa

Tel: 074 080 8315

E-mail: info@childwelfaresa.org.za

Website: www.childwelfaresa.org.za

You can also donate to charities that help abused children in South Africa. Simply visit www.charitySA.org.za for a comprehensive list of places you can contribute to.

What if I am wrong? What if the investigation reveals there was no child abuse?

If a possible case is investigated based on your suspicions and supported claims, and it is found that there was no abuse, you will not be held liable for any damages claims against you. Basically, don’t bring a possible case of child abuse forward based on wanting to get back at the parents or caretakers – that would constitute “malicious intent”, and you could then face a civil claim.

You don’t need to feel helpless! You can make a difference in a child’s life!

We must indeed come together and do what we can to stop child abuse in South Africa. Trusting your instincts and knowing what the signs are, play an important role in helping someone who may not be able to help themselves. Remember, the law is your superpower!

We’ve got your back!

LAW FOR ALL’s experienced lawyers can provide legal advice and guidance on matters relating to reporting child abuse. To have the law in your corner, be sure to have a look at LAW FOR ALL’s comprehensive policies. Sign up today!

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Dealing with Constructive Dismissal in South Africa

Posted on by LAW FOR ALL

We all want to build a successful career and thrive in the workplace, right? The office is meant to be a place where everyone should be able to put their best foot forward and excel in the profession they chose. And that’s certainly possible in an environment that’s inspiriting and free of unnecessary obstacles. However, that’s not always the case. We often see the “mean boss” stereotype play out in movies, and it is usually set up as an obstacle for the new fish-out-of-water employee to conquer, win over and co-exist peacefully with. Everyone wins in the end, right? But this isn’t Hollywood: in reality, of course, this isn’t quite how things pan out. Yes, while employers should set high standards and expect staff to deliver their best work, they also have the responsibility of creating a working environment where people work optimally. When an employer purposefully sets out to be hostile, makes the workplace unbearable and forces an employee to resign, this could be a specific case of unfair dismissal. Let’s put the spotlight on constructive dismissal in South Africa, your legal options and dealing with the emotional aftermath.

Brushing up on labour laws in South Africa: What is constructive dismissal?

To get the legal definition of this type of unfair dismissal, we need to turn to Section 186 of the Labour Relations Act. It says a constructive dismissal could’ve occurred if “an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee”. Employers can create these kinds of environments with consistent verbal or physical abuse; by intentionally humiliating or bullying an employee in front of their colleagues, through sexual harassment or inappropriate advances; and withholding an employee’s salary (amongst others). 

What’s important to take note of here is that for there to be a possible constructive dismissal case, the employee must have terminated their employment contract via resignation, as it was their only reasonable option after facing continual mistreatment from their employer.

Legal note: while a constructive dismissal is a form of unfair dismissal, the two aren’t interchangeable: simply put, constructive dismissal is where an employee is forced to resign because of an employer’s actions and behaviour, while an unfair dismissal is when an employer ends a working relationship with an employee in an unlawful manner. Here’s some Basic Legal Advice on Dealing with Unfair Dismissal. 

Getting your legal ducks in a row: How to prove constructive dismissal in South Africa.

After going through the emotional strain of dealing with a toxic work environment, the last thing you want is for your case to be thrown out at  The Commission for Conciliation, Mediation and Arbitration (CCMA) because you don’t have sufficient proof. Constructive dismissal cases are notoriously difficult to prove because an employee terminates their own services, and the onus will be on them to prove that it was that the dismissal was constructive. Be sure to cover your bases by:

  • showing the CCMA that you put in writing, to your employer, that if their unfair or abusive conduct carries on, you will have no choice but to resign and claim constructive dismissal.
  • having evidence to prove the working environment was intolerable. Examples of this could be emails that contain verbal abuse; bank statements showing late or no payment; comments from colleagues; and evidence to show you tried to resolve the issue internally (we’ll delve deeper into this just now).
  • showing that you were out of reasonable alternatives and that resigning was the only way to escape the situation.
  • demonstrating to the court that the employer knew about the hostile environment that was being created and did nothing to remedy it

Legal note: Proving a constructive dismissal claim can be tricky, so it is best not to resort to allegations or evidence that may be seen as baseless by the court. This could be not receiving a bonus, unfair performance evaluation or a promotion that didn’t come to fruition. 

Important: Be sure to exhaust the company’s internal grievance procedures BEFORE approaching the CCMA.

Many employees hit a dead-end in claiming constructive dismissal because they have not used all the channels available in the company to address and resolve the issue before resigning. As mentioned, proving this when the case goes to the CCMA will play a big part in whether or not your claim is successful. However, in some instances, smaller companies may not have these procedures in place or do not have an HR department at all. This will then become an essential part of your claim: i.e.- you didn’t have the option to resolve the matter internally. You can read up on procedural fairness in this feature.

How and when to refer a constructive dismissal dispute to the CCMA.

Timing is everything! If you are left no choice but to resign, and you want to pursue legal action, you must refer the case to the CCMA within 30 days of your official resignation date. If you miss that timeframe, you can apply for a condonation (which basically states your reason for referring the case late), but it does increase your chances of rejection.

Be sure to fill in a referral form, which can be downloaded from the CCMA’s website. Once completed, this form must be served on your employer. After your employer has been served, the referral form must be served on the CCMA. Be sure to include proof that your employer has received the document. 

Focussing on the “constructive”: how to optimise your office experience.

Firstly, let’s be clear: no one should put up with abuse and hostile work conditions, and they should pursue justice. However, you also don’t want to find yourself taking on a claim purely based on stress, anxiety or lack of communication in the workplace. We already know that many people are dealing with mental health issues in the office. As many as one in six South Africans suffer from anxiety, depression or substance-use problems according to statistics released by the South African Depression and Anxiety Group (SADAG). 

With that in mind, it’s best to try and be as proactive as possible and empower yourself in the workplace. And this, like with most healthy relationships, starts with open communication and transparency between you and your employer. Here are some constructive steps to take:

1. Ask your employer about staff appraisals and collaborating on Key Performance Indicators (KPIs). One of the best ways to avoid any miscommunication and unnecessary conflict is for everyone to be on the same page about what they need to do and how they will be assessed. If any work-related issue arises, you both have something concrete to refer to and come up with the best and fair solution.

2. Ask about the internal policies regarding grievance procedures and disciplinary hearings. One of the best ways to feel empowered is to know you have options to air your grievances and be heard.

3. Communicate, communicate, communicate! Regular meetings, catch-ups, appraisals and e-mail confirmations are all ways to ensure everyone’s on the same page, and more importantly, give you peace of mind regarding what’s expected of you and how to go about asking for assistance if needed.

We’ve Got Your Back: Need Expert Legal Assistance with a Constructive Dismissal Claim?

LAW FOR ALL provides professional legal advice to all Policyholders, so if you want a caring friend in the law on your side, feel free to get in touch. What’s more, we can assist with referring your constructive dismissal case to the CCMA.

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How to Deal with Noisy Neighbours in South Africa

Posted on by LAW FOR ALL

It wouldn’t be an exaggeration to say that almost everyone has had an issue with a noisy neighbour at some point in life, whether it’s a one-time occurrence, like a bit of drilling in the early hours of the morning or a consistent ordeal, like loud parties that persist all night. It’s almost unavoidable as the houses and apartment blocks in most residential areas are closely packed. And with that kind of proximity, the walls or fencing separating you and your neighbours aren’t always enough to keep the peace. So, if you find yourself in this kind of situation, and wonder what the best way is to deal with noisy neighbours in South Africa, here’s the legal advice you need!

Your friendly neighbourhood laws: noise or nuisance 

In our country, the law- specifically The Environment Conservation Act 73 of 1989 mentions two kinds of auditory disturbances.

The first is a “disturbing noise”- this can be determined “objectively” as it is a noise that can be scientifically measured in decibels. Municipal by-laws mostly govern this. An example of this would be if a neighbour operates loud machinery throughout the night, the disturbance would be determined by how loud a sound the machinery makes is, and not necessarily what time it is being operated. 

The other is a “noise nuisance”, which is subjectively measured and described as any noise that disturbs or impairs the convenience or peace of any person. This kind of disturbance is usually something that is frequent and happens over a long period. Examples of this would be:

  • operating a vehicle or machine that makes constant loud noises;
  • driving a loud car on a public road;
  • having a dog that barks loudly and constantly;
  • playing a musical instrument loudly;
  • entertainment (music or television) that is very loud;
  • screaming or talking loudly;
  • discharging fireworks in a residential area

Keeping the suburban bliss: talking it out.

So, now that you have some context and information to work with, you may be wondering what the next step to deal with a noisy neighbour. The answer, of course, is to try and resolve the matter as amicably as possible by talking it out. Yes, when it comes to keeping the peace, the direct and respectful way should always be your first option. In many cases, a neighbour may not know that they are causing any noise-related issues.

Tips for approaching your neighbour about a noise complaint:

1. Have a chat

Approach your neighbour and ask them if you can have a discussion with them about your concerns. If they can’t do it immediately, agree on a convenient time (you could even invite them over for a coffee, just to show you have no ill-intent).

2. Stay calm

It’s probably not the best idea to approach your neighbour in the heat of the moment, as you do not want to come across as angry or disgruntled. Instead, wait until you have calmed down. Many people respond to aggression with some level of pettiness, and your neighbour may continue with their disruptive behaviour just to irk you more!

3. Keep it face-to-face 

While you may want to break the ice with a note to your neighbour in their mailbox or under their door, this could come across as a passive-aggressive. So, to make sure there is no misunderstanding about your demeanour, try and have one-on-one interaction. However, if they refuse to have a chat with you, then delivering a written note could help prove that you tried to resolve the matter.

Hitting a dead-end: how to legally deal with a noisy neighbour in South Africa

Of course, if the direct, face-to-face approach is unsuccessful, you do have legal options to consider.  

  1. The first one can still help solve the issue in an amicable manner. Consider appointing a mediator to facilitate a session to resolve the dispute. This approach is still on the civil side of things. 
  2. Should the neighbourly way not yield any results, you are within your legal rights to lay a complaint with the authorities via a written statement. After assessing the information, a law enforcement official will investigate the issue further to see to what extent the noise/nuisance is disruptive and possibly illegal. If so, they will inform your neighbour to reduce the noise, and if the issue persists, the official can issue a fine or- in very extreme instances- confiscate the equipment responsible for the noise.
  3. If for some reason, all attempts to resolve the matter fails, you can ask a lawyer to write to your neighbour and ask them to desist.  Should that not work, your lawyer can apply for an interdict to stop the noise.

The court will take the following into account: the type of noise, how often it occurs, where it comes from and what’s been done to try and resolve it. You will also have to inform that court how the noise has negatively impacted your life, health, comfort and general well-being.

What happens if a neighbour ignores a court interdict for being noisy?

Should your neighbour ignore the court interdict and not change their disruptive ways, they may be found guilty of contempt of court. This could result in a fine (up to R20 000) or jail time (up to two years). 

We’ve got your back against noisy neighbours!

Well, LAW FOR ALL wouldn’t be your friend in the law if we didn’t give you reliable and comprehensive legal advice. Afterall, you want to be empowered and know that after going through all that it takes to buy a house or rent a property you know what your options are for dealing with an issue you didn’t sign up for. Our professional mediators can assist you by mediating with a noisy neighbour. 

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How the 4th Industrial Revolution is Shaping the Practice of Law

Posted on by LAW FOR ALL
Navigate the impact of the 4th Industrial Revolution on legal practice.

There are numerous trends taking shape in the legal ecosystem, both locally and abroad. Legal futurist, Adv. Jackie Nagtegaal, and legal consultant, Gabriella Razanno, examine significant developments and outline the various lessons and predictions in this essential guide for legal professionals.

Environmental Scan of the 4th Industrial Revolution and Legal Practice

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Criminal Records to Be “Expunged” by Paying an Admission of Guilt Fine

Posted on by LAW FOR ALL

Significant amendments to the Criminal Procedure Act are on the horizon and if passed into law, will provide for South Africans’ criminal records to be “expunged” by paying an admission of guilt fine.

The changes recently came into the spotlight again, after the Minister of Justice and Correctional Services, Ronald Lamola, was asked by an ACDP MP whether or not he would be amending the Criminal Procedure Act (CPA) to ensure that people who paid an admission of guilt fine for trivial offences didn’t get a criminal record. The proposed changes were initially laid out in the Criminal Procedure Amendment Bill, which has been delayed due to the COVID-19 outbreak.

What does the law say about paying an admission of guilt fine and getting a criminal record?

In its current form, the CPA provides for the admission of guilt for specific offences and for payment of a fine without an accused person having to appear in the court. The act also allows for paying an admission of guilt fine after an accused has appeared in court, but before entering into a plea.

Once the admission of guilt fine has been paid, the money, the summons or the written notice to appear in court must be handed over the clerk of the Magistrate’s court that has the jurisdiction to handle the fine. From there, the clerk will fill in the criminal record book stating an admission of guilt. The person who paid the fine has then essentially been convicted and sentenced by the court.

“The immediate practical effect of paying an admission of guilt fine is that the accused is excused from a court appearance and upon completion of the formalities as prescribed in Section 57(6), deemed to have been convicted and sentenced by the court in respect of the relevant charge,” said Lamola in a briefing.

Of course, Lamola also correctly pointed out that not all admission of guilt fines result in a getting a criminal record and that the CPA also provides for the compounding of certain trivial or minor offences (these include breaking some by-laws or minor traffic violations). Paying an admission of guilt fine will not result in a conviction.  

According to Lamola, “the CPA allows magistrates to set an amount on the spot on the admission of guilt. It is also worth noting that, since this is a judicial function, our department has had engagements with the chief magistrates to try to get uniformity on such fines”.

How does the Criminal Procedure Amendment Bill propose to change admission of guilt fines?

The Minister of Justice and Correctional Services has confirmed that revisions will be made regarding the admission of guilt fines and payment as provided for in the CPA.

The amendments include:

  • The payment of general fines that DO NOT result in a conviction.
  • The payment of admission of guilt fines that DO attract a conviction.
  • The expungement of certain criminal records that came from the payment of admission of guilt fines.
  • The clearing of criminal records as a result of paying an admission of guilt fines related to trivial or minor offences BEFORE the enactment of the proposed amendments.
    Legal note: the expungement of criminal records as a result of paying an admission of guilt fine could be life-changing for some people. Learn more about expunging criminal records in South Africa.
  • A new process to pinpoint which offences will be subjected to the payment of fines.
  • An improved and streamlined process regarding the payment of admission of guilt fines.

Lamola has stated that the draft bill is in the later stages of being completed and will be out for public comment in October 2020.

Don’t rush to pay an admission of guilt fine!

Remember, the Bill hasn’t been signed into law just yet, so paying an admission of guilt fine to avoid jail time could still result in a criminal record! Always speak to a lawyer before signing anything that states you have been convicted of a crime. LAW FOR ALL policyholders must also remember that should they get arrested, they have access to a FREE 24hr Emergency Bail Line for immediate assistance – we’ve got your back! 

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What’s the Deal with Garnishee Orders? Here’s What You Need to Know

Posted on by LAW FOR ALL

For quite some time now, many South Africans have struggled with debt. Whether it’s scrambling to keep up with repayments or continually falling down the rabbit hole of incurring more arrears, there is a reason why our country ranks as one of the most indebted nations in the world. Not to mention, according to a 2020 Financial Stability review by the South African Reserve Bank, households are spending about 9.4% of their disposable income on servicing debt. And yes, while that is alarming, it’s, of course, great that South Africans are being proactive about paying off debt. Still, it’s all about finding an affordable way to do so and not letting it accumulate, which might force creditors to seek legal action. One such option for them is a court-mandated deduction from your salary (yes, that is a possibility!). Let’s take a closer look at garnishee orders in South Africa.

Covering the basics: what is a garnishee order or emoluments attachment order?

Simply put, a garnishee order, which is also known as an emoluments attachment order (EAO), is a court order that is served by the sheriff (or messenger) of the court that instructs an employer to deduct money from an employee’s salary or wages to pay off and settle the debt owed. To help regulate these orders, the Banking Association along with numerous local credit providers created a National Industry Steering Committee to establish a Code of Conduct and help deal with illegal garnishee orders in South Africa (we’ll look into those later). It’s important to note that credit providers aren’t the only parties that can obtain garnishee orders against someone: a parent can get one if the other parent is behind with maintenance or spousal support, and even someone who agrees to lend money privately can obtain one if the borrowed money isn’t paid back.    

How to obtain garnishee orders in South Africa?

If a person or company wants to get an emoluments attachment order for debt repayments, their first stop would be the Magistrates Court. The court must be in the same area that the person who owes the money lives or works in. The application for a garnishee order in South Africa must include:

  • The relevant application form;
  • an affidavit that states who the debtor (the person who owes the money) is;
  • confirmation of the judgement made in favour of the creditor (the person or company who wants to be paid back); and
  • the full outstanding amount of debt and how much will be deducted every month

The garnishee and the debtor must be informed about the garnishee order in writing and receive copies, and the debtor must be given the opportunity to appear in court to show whether or not the debt is, in fact, legal. And if it is, how much they can afford to pay towards servicing the debt.

Take note: legally, the amount deducted from the debtor’s earnings cannot exceed 25% of their gross salary or wages, and they must be left with enough income to survive.

Is there a way of checking if a garnishee order is legal and valid?

Yes, absolutely. When the messenger of the court delivers a copy of the garnishee order to your employer, they must present the original order at the same time.  Both the original and the copy must include a case number, a stamp from the clerk of the court, a signature from an attorney and all the debtor’s details (name, ID number and employee number). You are legally entitled to ask your employer to see the copy of the emoluments attachment order at any time. 

Approach the Credit Ombuds to double-check if everything is in order.

In addition to requesting the information from your employer, be sure to take those details to the Credit Ombuds. They will tell you if the order is in line with the Credit Act, if the correct interest rates and fees are being charged, if the order is affordable; and if the garnishee order was issued by the proper court.  It’s important to know that even legally issued orders can result in incorrect amounts owed or fees charged. The Credit Ombuds would be able to get a full statement to check that everything is accurate. 

Should they find that the order was illegally obtained against you, the Credit Ombuds does have the authority to negotiate with the attorneys involved to have the order rescinded at their own cost.

Legal tip: If the garnishee order has not been issued by the correct court, it is automatically rendered null and void. What’s more, you are entitled to recover the full amount you’ve paid, plus interest, if the order is deemed invalid.

Can you challenge or dispute garnishee orders in South Africa?

Employees are not without rights and can challenge a garnishee order at the court where it was issued. According to the law, you dispute the amount if it appears incorrect or more than 25% of your earnings. Even if the amount deducted is legal, it can still be challenged and potentially reduced if you are struggling to stay financially afloat or unable to pay maintenance, for instance.  You also have the right to receive a statement that contains all the details of the payments, i.e. how much has been received and what is still owed.  

There have also been cases of unethical lenders who bypass the Magistrates Court and get clerks of the court to issue garnishee orders in South Africa. Because of this, the amount owed, fees charged and deductions are not in compliance with the law. These orders are often taken out in courts that are not in the area where the borrower lives or works, which makes it difficult for the debtor to challenge. What’s more, even if the debt is fully repaid, the garnishee order isn’t cancelled by the lender. 

Note: if a garnishee order against you has been issued by the clerk of the court, it is deemed unconstitutional and cannot be enforced. 

Other than the salary deductions, are there any other costs involved?

Because this is a legal process, yes, there are other legal costs involved, and often commission is paid to a debt collector. However, it is important to note that these additional legal costs cannot exceed the total amount of debt you owe.  For example, if you owe R10 000 and the charges are R12 000, you are only allowed to be charged R10 000. 

Can a garnishee order be cancelled or set aside?

It’s quite a process, but it is definitely possible. Firstly, the debtor can bring an application to the Court for the order to be set aside if you can justify it with “good reasons”, as included in the Magistrate’s Court Act. These would include: the debt has been paid in full, a big portion of the debt has been paid and, therefore, the amount claimed is too high or you never incurred the debt in the first place. Alternatively, the creditor would inform your employer to stop the garnishee order, once the debt has been paid. Remember, if the creditors do not inform your employer and they continue to take money off your salary, you can take legal action. 

How to prevent a Garnishee Order from being issued in the first place.

As always- prevention is better than cure. So, it is all about managing your debt more efficiently. We know that garnishee orders are the last resort for most creditors, so being consistent with debt repayments is key. LAW FOR ALL understands that South Africans are under a financial strain, so we’ve put together some Savvy Legal Tips to Help You Combat Debt. 

We’ve Got Your Back!

Be sure to get in touch with us for legal advice about debt, garnishee orders or legal assistance with setting up debt repayment plans with your creditors.

 

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Dealing with a Personal Data Breach: 3 Immediate Steps to Take

Posted on by LAW FOR ALL

As if South Africans aren’t going through enough at the moment, Experian, one of the country’s biggest credit bureaus, was hit by a massive data breach.

According to reports, approximately 24 million South Africans and close to 800 000 businesses’ personal information was compromised after a fraudster allegedly posed as a client of the credit bureau. The credit bureau has gone on to confirm that it accidentally exposed consumer information, such as ID numbers, contact numbers, and physical and e-mail addresses, to this supposed “client”. 

What exactly is Experian, and why do they have this information?

Experian is one of the country’s registered credit bureaus. In a nutshell, it gathers information about a consumer’s credit history and keeps a record of the consumer’s personal information, various accounts and rate at which they repay debt. Credit providers can access a consumer’s credit record to determine the risk and affordability before giving more credit.

Why should I be concerned about the Experian data breach?

Well, let’s start with a bit of good news – Experian has confirmed that no banking credentials were compromised, which means that the fraudster does not have direct access to your bank accounts. “While South Africans should take comfort in knowing that the breach hasn’t allowed anyone direct access to their personal bank accounts, there is still a chance of becoming a victim of identity theft,” warns Adv. Jackie Nagtegaal, LAW FOR ALL’s Managing Director. “What this means is that someone can fraudulently assume your identity to obtain credit, take out a loan, escape criminal prosecution, claim life insurance benefits and steal social grants, to name a few.”  What’s more, fraudsters may use your personal information to make contact with you, pretending to be someone from a financial institution, in an attempt to obtain your banking details.

What should I do if I think my identity has been stolen as a result of the Experian data breach?

There are three crucial things to do after your information has been stolen:

1. Alerts banks and credit providers about potential fraud.

The old adage of rather being safe than sorry is applicable here – whether you think your identity has been stolen or if you want to take a preventative measure, your best bet, is to immediately apply for Protective Registration with the Southern Africa Fraud Prevention Service (SAFPS). This FREE service sends out alerts to all SAFPS members, which include banks and credit providers, that there is a potentially suspicious transaction happening in your name and that they must take action and confirm the authenticity of the identity holder. 

2. Obtain a credit report and check your credit profile

To do this, you will need to approach a credit bureau and request your credit report. “Remember, if you haven’t requested one this year, it’s your legal right to get one free one every year,” states Nagtegaal.  The report will give you insight into any accounts that may have been opened in your name and inquiries on your profile that you may not be aware of.  If anything looks fishy, you can escalate the issue. Not only do LAW FOR ALL policyholders benefit from legal experts conducting this credit check for them for FREE, but they can also rely on caring legal professionals to help them go through a credit report, explain what the different listings are and assist with removing or disputing adverse listings.  Read up on how to dispute a credit listing in LAW FOR ALL’s write-up. 

3. Get in touch with Southern African Fraud Prevention Services (SAFPS)

In an interview with MoneyWeb, CEO of SAFPS Manie van Schalkwyk said, “ If you become a victim of identity theft, you can contact the SAS, which is the organisation that I work for. It’s a non-profit organisation, and we do a free service to consumers for additional protection. They can email us at protection@SAS.org.za, and we will get in contact with them. Or they can just SMS the word protectID, one word, to the number 43366”.

Now is the time to take extra precautionary measures

Whether your personal data has been breached or not, it’s also best to be as careful as possible with your personal and financial information. According to a May 2020 report by Accenture, a top international tech and business company, South Africa has the third most cybercrime victims in the world, resulting in losses of approximately R2.2 billion per year.  It’s time to be more vigilant than ever before.

Six ways to keep your personal data secure

  1. Never disclose your personal banking information, like passwords, OTPs or PINS, to anyone on any communication channel. This includes your bank because banks will never ask for this information via telephone, SMS or email!
  2. Be sure to change your passwords regularly (and keep it to yourself).
  3. If you are in the process of doing something that requires you to share personal information, always verify any requests to do so.
  4. When making online transactions or payments, make sure it is via a secure website.
  5. Make sure your anti-virus software is up to date on your PC, laptop and mobile device. Perform scans for any malware regularly. 
  6. Never ever click on any links you receive in e-mails from your “bank”. Again, your bank will never ask you to confirm your information in this manner.  

We’ve got your back!

LAW FOR ALL’s experienced lawyers can provide legal advice and guidance on matters relating to identity theft. What’s more, we offer free credit checks and guidance on listings. Be sure to have a look at LAW FOR ALL’s comprehensive policies. Sign up today!

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