At Seane Mokhele Attorneys has a commitment to assisting you in whatever way possible.Here are a list of questions and answers intended to help you understand some legal subjects. You can alternatively book for an indepth consultation with one of our lawyers.

• No, the Code provides that it does not just apply to employers and employees.
• It can also apply to managers, supervisors, volunteers, job applicants, contractors, interns and so on. It can even sometimes reach as far to also apply to customers and clients.
• This means that if you are a job applicant and you feel that you have been bullied during an interview, you can lodge a complaint of harassment with the  employer.

The National Health Insurance Bill aims to implement the National Health Insurance (“NHI”). The NHI will be a fund that may be formed to provide all South Africans affordable healthcare across the board. The NHI will provide funding for both private and public healthcare providers with the objective to provide universal access to quality health care for all South Africans as provided in the Constitution. Section 27 of the Constitution provides for healthcare as an essential human right and provides that everyone has the right to access to health care services.

Each province or municipality might have its own legislation and/or by-laws that regulate drinking in public.

• For example, the Gauteng Liquor Act 2 of 2003 states that no person may consume alcohol in or near any public place, this includes a vehicle driven on a public road or parked in a public area. A fine of R300 will be issued if a person is caught.
• Be careful and think twice when you want to consume alcohol in a public space that is not licensed accordingly, like a beach or a park, as you can be guilty of an offence and be fined.

Cohabitation refers to when an unmarried couple lives together in a long-term relationship that resembles a marriage. Seeing as the couple is not married, cohabitation is not regulated by law and does not receive the same protection as a marriage. There is no common law marriage in South Africa and the duration that couples spend living together does not mean that a marriage came into existence.

A cohabitation agreement should clearly set out the rights and obligations of the couple and include the following:

• • that the agreement does not constitute a marriage;
  • aspects regarding any joint property owned by the couple, such as a house. If a couple is buying or renting a house together, it is best to register or lease the house in both names. Alternatively, the cohabitation agreement can include arrangements regarding the house in the event of the relationship coming to an end (other than by death);
  • regulation of living expenses and which person will be responsible for what expenses;
  • provisions to establish what property and liabilities will be kept separate;
  • aspects regarding life insurance and pension funds;
  • maintenance, if any; and
  • duration and end of the agreement.
• The cohabitation agreement will only be enforceable between the couple to the agreement and not enforceable against third persons.
• A cohabitation agreement must not contain provisions that are immoral or illegal.
• Where a dispute arises regarding the application and interpretation of the agreement, a court may be approached for assistance.

When seeking legal advice or representation, the initial step often involves a consultation with a legal professional. This session is crucial as it sets the foundation for your legal strategy and provides you with an understanding of your rights and options. The lawyer consultation fee in South Africa varies significantly depending on the complexity of your case, the experience of the lawyer, and the legal firm’s prestige.

• Private or Family Matters: R3000 to R5000
• Small Business Matters: R5000 to R15000
• Larger Corporates: R15000 to R30000

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Court hearings are a fundamental aspect of the judicial system, where legal disputes are resolved or decisions are made regarding various legal matters. The length of these hearings can significantly impact everyone involved, from the parties in dispute to the legal professionals and even the administration of justice itself.

Several factors can influence the duration of a court hearing, affecting how long court usually lasts and how long does court hearing last in any given situation; Case Complexity, Number of Witnesses, Nature of evidence, Legal Representation, Judicial Process and but not limited to unforeseen delays.

In summary, a court case can last 2 months or even up to 20 years.

When someone is arrested, they are presumed not guilty until the court finds them guilty.  In our law no one may be detained without trial. If an accused is arrested, they are normally kept in prison or the police cells till the trial is finalised to ensure they attend the court case. If the accused does not want to remain in prison until the finalisation of the trial, they may apply to the court to be released on warning, or on warning with some conditions attached, or on bail (with or without conditions). Bail is a sum of money paid to the court or to the police.

When the court case is over, the bail money is paid back even if the accused is found guilty. However, if the accused does not come to court on the day of their court case, or if they break any of their bail conditions, the bail may be forfeited.

When paying bail, you must get a receipt. Only the person with a receipt for the bail will get the money back after the trial.

You can get more information about bail from the Department of Justice and Correctional Development