What Is The Process To Apply For A Protection Order?
Abrie van der Merwe – Associate To apply for a protection order in terms of the Domestic Violence Act or the Protection from Harassment Act, you need to attend to the Magistrate’s Court in whose jurisdiction you reside, go the Court clerk and request the appropriate form, which will then be filled out and handed […]
Who Can Apply For A Protection Order, Where And When Do You Apply?
Abrie van der Merwe – Associate Who can apply for a protection order? Any adult person with legal capacity can apply for a protection order in South Africa. Minors and other people without legal capacity can apply for a protection order with the help of their legal guardians or another adult person who has a […]
What Is A Protection Order In South Africa?
Abrie van der Merwe – Associate A protection order in South Africa is a special type of interdict, provided for by two Acts, namely the Domestic Violence Act, 116 of 1998, or the Protection from Harassment Act, 17 of 2011. An interdict is a specific type of Court order which either prevents a person from […]
Watching Briefs? The Role of Legal Practitioners in a Watching Brief
Over December 2023, South Africa was tuned to their televisions with the bail proceedings of Bafana Mahungela, where our Mr Abrie van Der Merwe was instructed by the family of the deceased to act on a watching brief. This begs the question – what is a watching brief? A watching brief is a mandate to […]
Victory For BDK Director Johan Eksteen
The Polokwane High Court was set down for trial in the widely publicized murder of two municipality councilors Vaaltyn Kekana and Ralph Kanyane of Mogalakwena municipality in 2019. The accused before court were facing charges of conspiracy to commit murder, two counts of murder and possession of an illegal firearm. The Trial was to proceed […]
New Series – Protection Orders
Here at BDK Attorneys we are pleased to announce that we will be launching a new article and Facebook Live series in the course of October: – Protection order Please keep an eye out for these posts. In the interim, if you are in need of legal services you are welcome to contact us. BDK […]
New Series – Bail Applications
Here at BDK Attorneys we are pleased to announce that we will be launching a new article and Facebook Live series in the course of October: – Bail applications Please keep an eye out for these posts. In the interim, if you are in need of legal services you are welcome to contact us. BDK […]
Taxability Of Damages Arising From Personal Injury Claims
Katia Dias – Candidate Attorney Do I pay tax on damages? “Gross Income” is defined by s1(1) of the Income Tax Act (“ITA”) as the total amount, in a year or a period of assessment of a resident, in cash or otherwise that is received by or accrued to or in favour of such a […]
The Procedure Of Discipline In The Workplace
Neale Quilliam – Associate It must be generally accepted that it is the employer who holds the right to enforce and maintain discipline in the workplace. This is mainly as a consequence of the duty of an employee to obey all lawful and reasonable instructions in the workplace and to not commit any form of […]
Racketeering Within The South African Law
Rylan Naidoo – Candidate Attorney Racketeering by itself is not a crime in South African Law but in terms of sections 2 (1) of the Prevention of Organised Crime Act, 121 of 1998 (POCA), it is an offence for a person to be associated with an enterprise that engages in a pattern of racketeering activity. […]
