Bregman Attorneys

This is a general form that names a Health Care Representative and grants authority to make limited health care decisions for you including, if you wish, the decision to refuse intravenous feeding or turn off the respirator if you're brain-dead

The Metro Police may threaten to arrest you for unpaid traffic fines. Know your rights.

If you sign an indemnity before an operation, are the hospital, doctors or staff liable if negligence occurs?

A SA branch of the British founded Fathers-4-Justice (F4J), a civil rights organisation campaigning for children's rights to see both parents and grandparents after a divorce, has been formed. Dr Steven Pretorius the founder of F4J in SA, said the organisation's main goal was to raise awareness of the plight of many parents – mainly fathers who had restricted or no access to their children

What is the legal effect on the father of an illegitimate child who subsequently marries the child’s mother?

What are the rights are of a parent who has joint custody of a child as opposed to one that has sole custody?

MOTORISTS, particularly in Johannesburg, are being arrested or held illegally for outstanding traffic fines at police roadblocks, says Johan Gresse of the Law Society of the Northern Provinces.

It appears that you may be fined for talking on a hands free cell phone if the phone is not attached to the vehicle in some or other manner.

What is the legal position of a divorced parent taking a child overseas permanently?

Every child has the right to basic necessities such as food, shelter, clothing, medical care and schooling.

More employers are realizing the need for a formal policy that puts employees on notice as to the limits of permissible cameraphone use in the workplace.

Your rights and responsibilities as a new adult...

When a divorced parent takes a child from home without permission

Taking a minor - an unmarried person of either sex under the age of 18 - out of the control of his or her parent or guardian against the latter's wishes, with the intention of marrying or having sexual intercourse with the minor, is a crime - even if the minor is taken on behalf of another person.

A divorced parent may be refused permission to take a child overseas if it not in the best interests of the child

This is the code that governs the conduct of credit bureaus

When domestic violence has entered a family, all parties require intervention, support and assistance in choosing a different, more preferred way of being.

Seeking protection from violent or malicious family members

How to clear your name at the credit bureaus

Institute your own claim

If you are in an accident or suffer any kind of injury, do you know what steps to take to protect your legal rights?

What are your duties after a crash? What are your rights if you are injured or your car is damaged?

Some insight into the nature of a contract.

In this case, involving succession to the whole of the estate of a deceased person who died intestate, the respondent (father of the deceased) opposed an application by the widow to succeed to the estate.

What to do when someone owes you money

The purpose of the Employment Equity Act (EEA) is to achieve equity in the workplace

Every person is born with basic human rights...

Victims of sexual offences often feel scared, confused, and angry. They do not know where to turn for help. This guide provides valuable information.

On Monday, 27 September 2004 in the first case of this kind in South Africa, the Supreme Court of Appeal (SCA) handed down a ruling that prescription will only start to run in child sexual abuse claims brought by adult survivors of such abuse once the survivor is aware that they were not to blame for the abuse.

Courts will in future be called on to determine whether the sale in execution of houses to settle debt is justifiable, the Constitutional Court ruled.

Can you use lethal force to protect your property, and if so, when? South Africans are confused about how much force they can use in defending themselves from crime, and mistakes in this area could have disastrous consequences.

The author deals with cohabitation, marriage, divorce and the painful process of winding up an estate after death. Wherever your relationship is going, take this information with you and you'll be better prepared for the future.

The Constitutional Court has declared laws governing primogeniture - which allows complete inheritance by the eldest male descendant –to be unconstitutional and invalid.

By law, you are required to display extracts from certain acts in a prominent position in your workplace for the benefit of your staff. Failure to do so could lead to severe penalties ranging from fines to a criminal record.

Millions of South African consumers who buy items on terms are being unwittingly ripped off by furniture companies - and there's nothing they can do about it.

Persons married according to Muslim rites are spouses for the purposes of inheriting or claiming from estates where the deceased died without leaving a will.

It is the social custom of the land for the wife to adopt the family name or surname of the husband, together with the designation “Mrs”.

A parent’s duty to support a child does not cease when the child reaches a particular age but it usually does so when the child becomes self-supporting.

The objective of the Act is to provide an effective legal procedure for victims of domestic violence and to facilitate a cheap procedure that can be followed in the magistrate’s court

What legal steps can you take if your spouse fails to pay maintenance?

When is the consent of the non-contracting spouse required? In terms of the Matrimonial Property Act certain transactions require the formal consent of a spouse, others require only informal consent and some require no consent at all.

Adoption is a legal way for an adult single person or couple to become the legal parents of a child. When you adopt a child, the child becomes yours as though born of you.

This form is provided for informational purposes only and is intended to be used as a guide prior to consultation with an attorney familiar with your specific legal situation. This form is not a substitute for the advice of an attorney

The Constitutional Court struck a blow against spousal abuse when it ruled on the constitutionality of the Domestic Violence Act, Act 118 of 1998, dismissing an application for leave to appeal by Ahmed Raffik Omar, whose claim that the Act infringed on his right to a fair trial had been rejected by the Natal Provincial Division of the High Court.

Really useful links supplied by the Law Society of Kwa-Zulu Natal

There is nothing more frustrating than having hassles and disputes with a bank, lawyer, your medical aid or pension fund, and not being able to resolve it to your satisfaction. If you are tired of being bullied by people and organisations, stand up and fight back! You will find lots of useful contact details on this page.

The most far-reaching consumer legislation in years became effective in June 2006. The National Credit Act sets a framework for every type of credit transaction, from microloans to homeloans, from overdrafts to furniture finance. We report on when other protection measures take effect.

This article deals with a few of the more important provisions of the Act which concern the ordinary citizen who possesses a firearm

What is the effect of a voetstoots clause in a Sale Contract on the discovery of undisclosed defects by the buyer on taking occupation of a property?

The voetstoots clause does not protect sellers who deliberately fail to disclose defects of which they are aware.

Where there is some defect in the house which is not apparent on a careful inspection, the seller is liable for those defects if he or she knew about them. The voetstoots clause in the agreement of sale will not take away the seller's liability. In other words, the seller has a duty to reveal to the buyer any latent defects. In such an instance, the seller may be called upon to refund part of the purchase price or even to accept cancellation of the entire sale, depending on the nature or extent of the defect.  

A pamphlet issued by the Department of Justice and Constitutional Development to expalin the steps to sue out of the Small Claims Court

Simple answers to frequently asked questions

Paul Jacobson describes when a person's privacy is inviolate

Is smoking an ecigarette prohibited under the Tobacco Products Control Act of 1993 or the Amendment Act of 2008?

Why do seemingly intelligent women fall into the hands of abusers? We take a look…

Go to www.trafficfinelaw.co.za and get the “Traffic Fine Assessment Kit”, learn how to deal with traffic fines, court summons and police roadblock arrests

Is it OK for an employer to require its smoking staff only to smoke in a designated area at the back of the building. Normally that’s not a problem, but is it fair in inclement weather where there’s no protection from the elements?

Have you thought about donating your body to medical science or donating your organs, on your death?

Though in some countries an engagement between a man and a woman is merely a romantic and social event, in South Africa it involves a legal contract that creates rights and obligations for the engaged couple. For example, if a man breaks off an engagement without good reason (in other words, he commits a breach of promise), he may be instructed by a court to pay damages to the jilted fiancé.

Marriage is one of the most important steps that a couple can take. South African marriages are legally protected, and certain benefits are given to spouses upon the conclusion of a marriage.

Workers who are injured or contract a disease through their work can claim money from the government’s Compensation Fund.

Whether you are pro- or anti-abortion, in terms of the Choice of Termination of Pregnancy Act, 92 of 1996, any woman (irrespective of age) who does not want to go through with a pregnancy can choose to have the pregnancy terminated. Parental or partner's consent is not required.

Whether you are pro- or anti-abortion, in terms of the Choice of Termination of Pregnancy Act, 92 of 1996, any woman (irrespective of age) who does not want to go through with a pregnancy can choose to have the pregnancy terminated. Parental or partner's consent is not required.

In the case of Richard Gordon Volks NO v Ethel Robinson and Others, the Constitutional Court heard an application concerning a woman who wanted to be paid maintenance from her unmarried partner’s estate.

South African law prohibits the use of the sperm of a dead man unless he had given written permission

Being under the influence of alcohol while driving can have far-reaching consequences. Not only are you endangering your own life, but also the lives of everyone you encounter on the road.

I am often asked what a person can do about excessive noise coming from a neighbor’s property.

Section 14 of our Constitution provides that everyone has the right to privacy

Is a civil marriage concluded subsequent to a customary marriage valid or not?

In terms of the Environment Conservation Act 73 of 1989

Bringing the matter to Court must be the last resort

Equality Courts hold inquiries into alleged unfair discrimination, hate speech or harassment

Section 7 of the Recognition Of The Customary Marriages Act

The English word usufruct derives from the Latin roots usus and fructus, from verbs meaning to possess and to have the benefit of, respectively.

Who to turn to for help in Johannesburg

The Department of Home Affairs has launched a new online marriage verification service as part of the Check Your Marital Status Campaign.

To what extent may an employer obtain and use a variety of “private” employee information, such as medical and financial records, search employee work stations, and monitor employee PC’s, e-mail and business telephones, arrest and criminal records and credit reports?

The Protection from Harassment Act (No. 17 of 2011) came into effect on 27 April 2013.