KNOWLAWTHE

CONTENTS• True Story 1

Uncontested divorce

• FAQ 2

• Lighter Side 2

• Know Your Rights 3

When does self-defence become murder?

• Superior Legal Services In Action 4

• Product Information 4

Clientèle Legal contact infoTel: 0860 004 529Fax: 011 320 3133

Email: customerservice@clientelelegal.co.za

Website: www.clientelelegal.co.za

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

Do you want to receive this newsletter via e-mail in future?

Drop us a line: knowthelaw@clientelelegal.co.za(please include your name and policy number)

1

The superior newsletter from Clientèle Legal

Issue No. 4 2013

Ido!’ For most newly-wed couples, these two simple words encompass a dream of everlasting partnership,

but in 67% of cases in South Africa, marriages end up in divorce and ‘I do!’ becomes ‘I can’t.’ or ‘I didn’t.’

‘The break-up of a marriage is an emotionally scarring and life-changing event,’ explains Liaan Kruger from Clientèle Legal. ‘The actual divorce proceedings in itself can leave deep psychological and fi nancial scars. Wherever possible, we advise couples to reach a settlement and agree to an uncontested divorce. Uncontested divorces are simpler, cheaper and can be handled in less than a month. When spouses cannot come to an agreement in a contested divorce, the court must make decisions on their behalf. It becomes a costly to and fro legal confl ict, often with both sides fi ghting a losing battle.’

Joyce Baloyi, a member of Clientèle Legal can attest to this. ‘My divorce was uncontested, but it was still very diffi cult for

me,’ Baloyi says. ‘I knew I could not deal with the court proceedings and paperwork myself. I called my lawyer at Clientèle Legal. If it was not for my lawyer, I would have lost everything. They helped me every step of the way and attended the court hearing with me. Thank you, Clientèle Legal.’

Kruger says Joyce’s story is not uncommon. ‘People are caught unawares by the high levels of stress experienced during divorce. You really need a lawyer to concentrate on the legalities of the divorce, while you look after your own and your family’s emotional well-being.’ Kruger says. The following factors are considered when drawing up a settlement between you and your spouse: division of assets, custody, care and maintenance of minor children and maintenance for the spouse.

If you have a spouse, you might need a lawyer at some stage. Clientèle Legal specialises in uncontested divorces. Our nationwide panel of professional lawyers and advisors are standing by to assist you, 24 hours a day.

Have a spouse? You need a Lawyer!

‘In every marriage more than a week old, there are grounds for divorce. The trick is to fi nd, and continue to fi nd, grounds for marriage.’ If you can’t fi nd it – fi nd a good lawyer and move on.

Have a spouse? You need a Lawyer!

Joyce Baloyi Clientèle Legal member

‘

Have a spouse? You need a Lawyer!TRUE STORY

2

Email your questions to: knowthelaw@clientelelegal.co.za

With the right to carry a firearm comes the duty of doing so responsibly. Therefore, you will need to undergo some training, visit a police station and complete the necessary paperwork.

Firstly you will need a competency certificate. The SAPS will advise you on all the requirements you need and refer you to an accredited trainer, if necessary.

When you have the competency certificate, you will need to follow standard application procedures. You will be required to fill in some forms, take certified copies of your ID, colour

photos of yourself, proof of residence and a motivation for why you need the firearm. The police will also take your fingerprints.

Most importantly, to prevent tragedies and accidental shootings, make sure you are properly trained.

If you need further information, you can contact the appointed Designated Firearms Officer at your nearest police station. Alternatively, you can contact the Firearms Call Centre during office hours at 012 353 6111 or e-mail firearms@saps.org.za.

The Consumer Protection Act (CPA) affords you many rights as a consumer. It is simply up to you to know your rights and enforce it. In principle, every consumer has the right to receive products and services that are of good quality.

In terms of the new CPA, all goods have a 6 month implied warranty – yes, 6 months – even if the supplier has not agreed to it. So, if you bought an item from a store you can take the faulty item back to the supplier and insist that the article be replaced or fixed. When it comes to

‘direct’ marketing, for instance buying via mail or electronic communications, a 5 day cooling off period applies. You may cancel the purchase without penalty or reason within 5 business days. If you only notice that the good is faulty after the 5 days, the 6 months implied warranty still applies.

‘Voetstoots’ (buy as is) clauses no longer protect the supplier from liability for faulty products unless you were aware of the defect in the product and accepted the product in that condition. Happy shopping!

What is involved in getting a firearm licence?

What are my rights regarding faulty goods?

Heard in Court‘What is your date of birth?’

‘July 15th.’

‘What year?’

‘Every year.’

Where there’s a will, there’s a wayTHE LIGHTER SIDE

3

Wessel Britz. Lawyer.

South Africa is blessed with the dual reputations for being a country with amongst the highest crime rates

in the world, plus one of the most liberal constitutions. ‘Citizens can feel as though the law protects the criminal, rather than the victim when it comes to violent crimes and interpret ‘justice’ in their own way,’ says Wessel Britz from Clientèle Legal. ‘However, the law is there to protect everyone. We advise clients to know their rights. The legal issues raised by the Oscar Pistorius case are quite common. Many South Africans don’t understand how a ‘warm klap’ can become an assault charge. Worse yet, shooting someone in ‘self-defence’ can land YOU in jail, instead of the ‘alleged’ perpetrator.’ Britz warns.

Know the Law asked Britz to give legal comment on this potential scenario: You are awakened at 03h00 by hearing sounds coming from the bathroom. Your spouse is not in the bed next to you. You take your gun and investigate. On the way to the bathroom you fi nd your spouse gagged in the passage. When you open the bathroom door, you see a man exiting through the window with your TV. He swears at you and warns you to not come any closer or he will kill you. You fi re a shot in his direction, killing him. What does the law say? Was it self-defence or murder? Britz says law is tricky in this regard, but that the most important principle to understand is that you may not use more force than is reasonably necessary to subdue an immediate attack – even in your own home. ‘Each case will be determined individually on its own set of facts and circumstances. The onus will be on the State to prove beyond reasonable doubt that you realised or ought reasonably to have realised that you were exceeding the bounds of self-defence if you caused more harm or injury to the intruder than is justifi ed by the attack. In this scenario, the intruder was on his way out and unarmed when you shot him. You might be found guilty of murder. Bottom line: Legally speaking, you cannot take a gun to a knife fi ght –

even if the guy with the knife started it,’ Britz says. Britz further cautions that your intentions, background and the exact circumstance might have bearing on the judgement. ‘A judge might decide that a life is not a fair trade for a TV.’ Britz also warns that merely having a valid gun license does not necessarily prepare one for the physical and emotional realities of a violent confrontation. Know the Law asked Britz to put himself into a potentially dangerous and violent

situation to explore what happens when adrenaline, violence and the law collide.

He attended a session with renowned instructor Des Brown from the Elite Defence Academy (EDA). Brown says self-defence starts with awareness and pre-thought. ‘It is not about being a Rambo or having a black belt – it is about using your brain and calming the situation down.’ Brown says EDA makes the training realistic, as most people freeze when they are confronted with a violent situation. ‘Your body enters a fi ght or fl ight mode. Your adrenaline increases, your fi ne motor skills decrease and you cannot think clearly.’ Britz confi rms this. ‘This has opened my eyes to what our clients go through. Even though I know the law, your perspective changes when you see the knife, take a few knocks and feel the pain. Your instinct for revenge takes over. This is exactly where you might lose the legal battle.’ Brown explains that EDA concentrates on preparing students regarding their legal boundaries. ‘Take some time to know the law and talk your family through potential scenarios in your house, legal and physical. What is the use of winning the ‘fi ght’ but losing the battle by going to jail or spending thousands on legal fees?’ An exhausted Britz added this last bit of advice: ‘In today’s world the most important self-defence weapon is the Law. Make sure you are legally prepared.’

For more information on courses at EDA, visit their website: www.elitedefenceacademy.co.za or call Des Brown on 076 533 9715

EDA courses undertaken at own risk. Clientèle Legal does not take responsibility for any injury or damages suffered as a result of EDA training.

KNOW YOUR RIGHTS

4

Our Legal Advisors are standing by to help you!

‘My greatest pride is in knowing that I make a difference. When clients call to say ‘thank you’ it means the world to me. I am not only delivering a legal service, but a service to the community.

I’m helping to make legal advice affordable to all South Africans.’

Mariska Blom, Legal Advisor

SUPERIOR LEGAL SERVICES IN ACTION

Product Information

Did you know?We recently secured

an amount in excess of

R250,000for a client on a CCMA matter.

Clientèle Legal now also offers legal business cover.

Personal• Superior legal services 24 hours a day, 7 days a week

– even over weekends and public holidays• Cover from R140 per month• Includes cover for you, your spouse and children

under 18• No excess payable when you claim• Covers civil, criminal and labour matters

Business• Cover for all small and medium sized businesses

(From 1 employee to 400 employees)• Affordable options: From R650 per month• Covers a wide range of legal business services, including:

- Labour - Civil - Commercial Contracts - Debt Collection

Terms and conditions apply