KNOWtheLAWCONTENTS• Have a job?

You need a lawyer! 1

• FAQs 2

• Lighter Side 2

• Know Your Rights During a roadblock 3

• Superior Legal Servicesin Action 4

The superior newsletter from Clientèle Legal

South Africa is in the grip of a harsh economic climate and unemployment levels are worrying. Having a job – and keeping it – is of vital importance,

explains Eben Smit from Clientèle Legal. ‘More than ever, we are seeing clients join Clientèle Legal because they understand how important it is to protect your job. This issue affects everyone; from casual labourers to Senior Managers and specialists.’

Alphonso Goliath is a member of Clientèle Legal and a former magistrate. Here, he shares with us how Clientèle Legal assisted him with his personal labour dispute.

‘I used to be a magistrate, I know of the tragic consequences when people appear in court without representation or with legal counsel they cannot afford. People end up losing valuable hours and months out of their lives. I have also seen people lose their life savings fi ghting a battle they could have avoided,’ Goliath says. ‘Even with my legal background, I knew I needed assistance when I had a dispute with my employer regarding the terms of our contract. Internal arbitration failed, so I

escalated the matter to the CCMA. I contacted Clientèle Legal, who appointed a specialist attorney. I was amazed with their legal knowledge and level of professionalism. The matter was settled swiftly and out of court.’

Eben Smit explains why it is so important to have a lawyer if you have a job. ‘Labour contracts, unfair dismissals, CCMA referrals or discrimination in the workplace, these are all issues which could affect any of us. You need legal guidance.’ Eben Smit says people are under a lot of emotional and fi nancial pressure during these times and need an objective and expert hand guiding them. Remember, you have rights. Stay calm and keep a paper trail where possible. If you want to take an unfair dismissal matter to the CCMA, it is important to know that you should do the referral within 30 days of the dismissal. Be prepared for a lengthy process, which might include a conciliation and arbitration phase. ‘These proceedings can often be brutal,’ Smit warns, ‘but don’t be bullied into signing anything you are uncomfortable with. When you feel under pressure to make a decision, ask for an opportunity to call your lawyer.’

DO YOU HAVE A JOB? YOU NEED A LAWYER!

Issue No. 5 2013

Alphonso GoliathClient

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‘Don’t be bullied into signing anything you’re not comfortable with. Have it

checked out fi rst.’

TRUE STORY

Eben Smit – Legal Advisor, Clientèle Legal. LLB, Dip. Insolvency Law & Administration.

Lawyer’s Tip

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An EAO (Emolument Attachment Order) is sometimes incorrectly referred to as a ‘Garnishee Order.’ It is a court order instructing your employer to deduct an

amount of money from your salary to pay a creditor to satisfy a judgment against you. The judgment is recorded on

the consumer’s credit record and remains there for a period of 5 years, so it is important to know your rights, which include:

- You, alternatively the Court, must have consented to or authorised the order.

- You may request a copy of the order from your employer.

- You may have the judgment rescinded once full payment has been made.

Yes, they are. The Recognition of Customary Marriages Act (Act 120 of 1998) has ensured that certain traditional marriages are given legal recognition

in terms of South African law. There are three requirements that must be complied with for the marriage to be valid. These are:

i. The partners must be 18 years and above;

ii. The parties must consent to be married to each other; and

iii. The marriage must be entered into and celebrated in terms of African Customary law.

All customary marriages are automatically in community of property unless an Ante Nuptial Contract is signed. The Ante Nuptial Contract has to be signed after Lobola has been paid but before the marriage handing over process is celebrated.

It is important to note that the payment of lobola alone will not lead to a recognized marriage. In some customs this is known as “Ukuvuma abakhwenyane; Ho Gorosa ngwetsi”; Mahlabiso; or Llavelani haleni.’ This means that partners have to celebrate the marriage, in accordance with their custom. The celebration is the

process whereby the wife is handed over to the husband’s family by her family.

It is not necessary for the marriage to be registered with Home Affairs for it to be legally binding, but it is recommended, as the certifi cate will be needed when a spouse dies, one wants to fi le for divorce or when you need to prove the existence of a marriage.

Are customary marriages ‘legal’?

THE LIGHTER SIDE

Your Questions AnsweredEmail your questions to:

knowthelaw@clientelelegal.co.za

Heard in CourtLAWYER: What was the fi rst thing your husband said to you that morning?

WITNESS: He said, “Where am I, Tumi?”

LAWYER: And why did that upset you?

WITNESS: My name is Lebo.

QWhat is an Emolument

Attachment Order?QYes, they are. The Recognition of Customary Marriages Act (Act 120 of 1998) has ensured that certain traditional marriages are given legal recognition

in terms of South African law. There are three

An EAO (Emolument Attachment Order) is sometimes incorrectly referred to as a ‘Garnishee Order.’ It is a court order instructing your employer to deduct an

amount of money from your salary to pay a creditor to

To most people, roadblocks are a necessary, but inconvenient reality. They can also escalate to becoming a nightmare quickly if you do not

know your rights. Horror stories abound about people being arrested in the middle of the night for a small outstanding traffic fine. Even worse, women can become very susceptible to imposters or unscrupulous officers who abuse the vulnerability of the situation to extract bribes or bully people.

So what are your rights during a roadblock? Can you be arrested at a roadblock because of an unpaid fine? ‘Yes and no’, says Phumi Xulu from Clientèle Legal. ‘Merely having an outstanding fine is not enough reason to have you arrested. However, should a warrant of arrest have been issued for that fine because you haven’t paid, the metro police have the right to detain you. In that case, you should definitely ask to see the warrant and check that it is a legitimate original or a court stamped copy of the warrant. But the unpaid fine in itself is not enough grounds for arrest. If the police persist with the arrest without the warrant or demand you pay the fine on the spot, you should call your lawyer immediately, as this will constitute an unlawful arrest. Police may also not hold your car to ransom until someone with money shows up to pay all your outstanding fines. Only fines that have a warrant attached have to be paid immediately.’

Should you make any payments in a roadblock, ensure that you receive a receipt containing the warrant number, case number, police officer’s details, amount paid and your details.

Phumi Xulu explains that it becomes as important ‘what’ you say at a roadblock as ‘how’ you say it. ‘You do have the right

to ask for the warrant or the police officer’s official certificate of appointment, but demanding it in an aggressive way will probably not get a good result. If the officer refuses to show you his/her certificate, you should ask to speak to the roadblock commander in a firm, but polite way. Remember that police have the right to detain you if they feel your behaviour is sufficiently obstructive or suspicious. It becomes a delicate situation. Tread carefully. If you feel that your rights are being violated, call your lawyer.’

Xulu says they are aware of blogs and internet articles encouraging citizens to refuse answering any questions, but advise against that. ‘Yes, you DO have the right to remain silent, but we advise that you co-operate with reasonable requests. If you refuse to answer questions at the roadblock, the officer may ask you to accompany him/her to the police station to answer questions at a later stage. You might have won a minor legal battle, but what happens to your family while you are stuck in a police office for hours trying to prove a point?’

Clientèle Legal also advises clients to be responsible citizens. Pay your fines, keep your car in good condition and play by the rules. However, if you feel your rights are being infringed upon, call your lawyer. We are available to assist you, 24 hours a day.

• Traffic fines and notices must be served by hand or via registered post. Ordinary mail is insufficient.

• If you receive a summons to appear in court for a traffic offence, please ensure that you attend as a warrant of arrest may be issued against you if you don’t.

KNOW YOUR RIGHTS

Know your rights during a roadblock!

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Clientèle Legal contact infoTel: 0860 004 529 • Fax: 011 320 3133 • Email: customerservice@clientelelegal.co.za • Website: www.clientelelegal.co.za • Mobisite: www.clientelelegal.mobi

If you would like to receive this newsletter send us an e-mail to: knowthelaw@clientelelegal.co.za (please include your name and policy number)

Clientèle Legal is a division of Clientèle General Insurance Limited, an authorised Financial Services Provider

Clientèle Legal recently secured a record amount for a *client in a labour matter – and the client got his job back!

Labour specialist, Nadeem Mahomed (of Nadeem Mahomed Attorneys) was appointed by Clientèle Legal. ‘The matter involved the unfair dismissal of our client*. We fought it all the way to the Labour Court. We got a reversal of the order plus R950,000 for our client!’ Mahomed says proudly, but adds that his biggest achievement is in fi ghting for the laymen. The

Clientèle Legal policy covered all the legal fees due, which amounted to approximately R50,000.

‘For too long, money has determined who wins in court and who doesn’t. Our purpose is to help ordinary South Africans defend themselves against the big corporates and parastatals. Clientèle Legal is an important tool of justice for South Africans.’Well done to Nadeem!

*The client’s name is withheld for privacy purposes.

‘My greatest pride is in knowing that I make a difference. I’m helping to make legal advice affordable to all South Africans.’

Nadeem Mahomed, Attorney

Clientèle Legalsecured approximately

R950,000for a client in a

labour matter.

SUPERIOR LEGAL SERVICES IN ACTION

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