LEGAL PRACTITIONERS and Other Service Providers!

1 hour Response Time

WELCOME. SIYAKWAMUKELA.
WAMKELEKILE. WELKOM.

This is your FIRST STEP if you are looking for legal or professional support. We:

  • Guarantee a response within 1 working hour,
  • Are uncomplicated, friendly and professional,
  • Our fees are sensitive to the South African economy,
  • Have a team of professionals in all major Cities,
  • Function with integrity, attention to detail and are objective driven,
  • Use technology, innovation and internal processes to streamline your experience,
  • Strive to improve the sector we operate in.

 

SERVICES | AMASEVISI

In our ‘team’ we have Legal Practitioners (Lawyers & Attorneys) and other Professionals who offer parallel solutions. Our website menu items LEGAL PRACTITIONERS and OTHER PROFESSIONALS offer a summary of services and will help you decide which type of service provider to use. Please review both pages. Afterwards, if you are still not sure who to use please ask for guidance using the Immediate Action Form on the Contacts Page.

 

FREE OR FEE? SIMAHLA OKANYE UHLAWULE?

For free services you could engage with an organization such as legal-aid.co.za or visit justice.gov.za for free information. Depending on your issue any of the following organizations might be appropriate and mandated to help for free:

  • The National Consumer Commission,
  • CGSO,
  • CCMA,
  • Housing Tribunal,
  • For insurance or banking issues, you should contact the appropriate ombudsman.

If you are looking to hire a Professional we guarantee that the fees quoted will be reasonable and you will not be charged anything until you have accepted a quote or entered into an engagement letter. Payment options will be communicated and might include hourly, per project, fixed rate or retainer. See a Cost Guideline HERE. The use of a Legal Practitioner or Court should be engaged with only once you have exhausted all amicable and free options, or if the matter at hand needs legal guidance and an expert to expedite a solution.

E-CONSULTS

An E-Consult is an effective way to receive expedited support for select, once off or ad hoc matters. Please visit the menu item for more information on this process. CLICK HERE

 

OPERATIONAL DAYS & TIMES

South African Working days. No public holidays.

  • Monday-Thursday from 09h00-13h00 and 14h00-16h00.
  • Friday 09h00-13h00.

E-BOOKINGS

BOOK NOW

The Law Around Malicious Damage to Property in South Africa and Examples

- Featured article by LAWYERS-ONLINE.CO.ZA - June 2019

Malicious property damage is defined as a common law crime under the South African legal system, meaning the sources for it can be found in case law and historical influences on the law. Currently, the accepted definition for malicious damage to property is to “unlawfully and intentionally damage the property of another”.

Therefore this means that malicious damage to property occurs when a person has caused physical harm to the property of another person. For example, if someone were to scratch someone’s car with a key, harm someone’s pet, or throw a piece of furniture it would constitute malicious damage to property. In this case, the word damage refers to the fact that the harm caused must have caused the owner some sort of financial inconveniences such as the cost of repairs or replacement.

In order to pursue a claim of malicious damage to property under South African law, it is imperative to lay a charge with the police station as soon as possible as provided for in the Criminal Procedure Act 51 of 1977. The case will then be investigated and if there is sufficient proof, a prosecutor will take the issue to court where the matter will be heard and decided. Always ensure that you keep as much proof as possible including photographs, witnesses and the time of the incident. The more information you can provide, the easier it will be to investigate and prove.

Speaking of the courts, it should be noted that the courts uphold a stance of de minimis non curat lex (the law takes no account on trifling matters) when it comes to trivial cases. For example, if a person was to lay a charge of malicious damage to property because a neighbour spills water on your property, the courts would not hear that case.

Damage must also be done with clear intent, as accidents happen and someone may not intend to cause harm. Therefore, should you accidentally drop something belonging to another person, there is no intent and there is no claim for malicious damage to property, and the actions was, well, malicious. At best there may a case for negligence.

If you have any questions regarding malicious damage to property as it pertains to South African law, kindly send us a query and we will refer your request to a qualified criminal attorney who can provide advice.

The Law Around Malicious Damage to Property in South Africa and Examples