The full schedule
Matters the firm accepts.
The summary on the first page is the short form. What follows is the whole schedule, set out as it would be explained in a first consultation.
Criminal litigation
A criminal charge can affect your freedom, your reputation, your employment and your family. An accused person is entitled to understand the case against them and to be represented. The Criminal Procedure Act 51 of 1977 governs the process from the police station to the trial.
Bail applications
Police bail under section 59, prosecutor bail under section 59A, and formal bail applications in open court under section 60.
Criminal trials
Preparation, advice, representation in court, and consideration of the available defences and procedural points.
Appeals
Taking a conviction or a sentence on appeal where there are grounds to do so.
Reviews
Review proceedings where there are grounds to challenge the proceedings or a decision of a lower court.
Illegal Immigration Defence
A foreign national in South Africa may face criminal proceedings arising from allegations about their immigration status. An allegation of unlawful immigration does not remove a person's constitutional and legal rights.
Each matter turns on its own facts: nationality, documents held, immigration status, any permit or pending application, the circumstances of the arrest, the charge brought, and the person's own history.
The first appearance and bail
Representation at the first appearance and on the bail application that follows it.
Criminal defence and representations
Defence on the charge, and representations to the prosecution where the facts support them.
Documentation
Examination of immigration documentation, permits, passports and travel documents, and engagement with the relevant authorities.
If you or a family member has been arrested on an immigration-related charge, the 48 hours described on the first page apply in the same way. Advice early in that window matters more than advice later in it.
Unlawful Arrest, Unlawful Detention & Malicious Prosecution
These are civil claims in their own right, separate from the criminal charge. Generally, we represent clients in claims arising from unlawful arrest, unlawful detention and malicious prosecution, including claims against the Minister of Police, the National Commissioner of the South African Police Service and the National Prosecuting Authority (NPA), where legally applicable. This includes claims arising in all criminal matters, not only immigration matters.
We pursue appropriate civil remedies arising from unlawful conduct by law-enforcement and prosecutorial authorities, including claims for damages where the requirements for such claims are established.
Unlawful arrest
Claims arising where an arrest was effected without lawful justification.
Unlawful detention
Claims arising where a person was held without a lawful basis, or held longer than the law permits.
Malicious prosecution
A distinct civil claim, brought where a prosecution was instituted without reasonable and probable cause.
Civil, family and labour matters
Civil litigation
Claims and defences in the Magistrate's Court and the High Court, including pleadings, applications and correspondence.
Labour law
Advice and, where appropriate, representation in labour matters, acting for employees or for employers.
Contract drafting
Agreements that record the rights and obligations of the parties clearly, so there is less to dispute later.
Contract review
Reading an agreement before you sign it, and identifying the terms that need clarifying, amending or thinking about again.
Contractual disputes
Acting on alleged breaches and on disputes about what a contract requires.
Divorce
Uncontested and contested divorce, including care, contact and the division of assets.
Child and spousal maintenance
Applications, variations, enforcement, and disputes about a maintenance obligation.
Domestic violence and harassment
Protection orders under the Domestic Violence Act 116 of 1998 and the Protection from Harassment Act 17 of 2011, including opposed matters and the return date.
Evictions
Proceedings under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998, acting for owners or for occupiers.
POPIA and PAIA
Having a policy is one part of compliance. The other is that the people handling personal information know what they may and may not do with it. The Protection of Personal Information Act 4 of 2013 and the Promotion of Access to Information Act 2 of 2000 set the obligations.
Drafting
POPIA policies, PAIA manuals, privacy policies and the supporting documentation, prepared for the organisation as it actually operates.
Review
Reading existing policies against current operations and identifying what needs updating.
Training and awareness
Sessions covering the purpose of the Acts, handling personal information, employee responsibilities, confidentiality, information security, access-to-information obligations, and the organisation's own procedures.