Freedom Day

It is impossible to reflect back on 27 April 1994 without reminiscing about the legend that is former President Nelson Mandela.

Read Mandela`s statement after voting in South Africa`s First Democratic Election here: http://www.anc.org.za/show.php?id=3657

A few of our all-time favourite quotes:

“Many people have been sceptical of our capacity to realise the ideal of a rainbow nation. It is true that South Africa was often brought to the brink of destruction because of differences. But let us re-affirm this one thing here today: it is not our diversity which divides us, it is not our ethnicity, or religion or culture that divides us. Since we have achieved our freedom, there can only be one division amongst us: between those who cherish democracy and those who do not!” Nelson Mandela, speech on receiving The Freedom of Durban, Durban, South Africa, 16 April 1999

“The very fact that racism degrades both the perpetrator and the victim commands that, if we are true to our commitment to protect human dignity, we fight on until victory is achieved.” Nelson Mandela, address to The United Nations General Assembly, New York, USA, 3 October 1994

“… we know that peace is the most powerful weapon that any community or nation can have for development. As we rebuild our country, we should remain vigilant against the enemies of development and democracy, even if they come from within our own ranks. Violence will not bring us closer to our objectives. All of us should ask ourselves the question: Have I done everything in my power to bring about lasting peace and prosperity in my city and my country?” Nelson Mandela, speech on receiving The Freedom of Durban, Durban, South Africa, 16 April 1999

We wish you a cheerful Freedom Day 2016.

Yours faithfully,

Legal Hero.

Hero of the Month: Miss Mabaso

Not all Heroes wear capes. Although we tend to think Miss Mabaso should! After being awarded a certificate of excellence as a top KZN educator, we simply had to catch up with the woman who believes in, and takes daily strides towards, a better tomorrow…

Thando: Please tell us about yourself - where did you grow up, where did you go to school and why did you start teaching?

Miss Mabaso: I'm a woman who believes in herself. I have a clear vision and passion for life. I always strive for excellence. I run the extra mile in my career. I try to always do more than what is expected of me. I am a very dedicated person and a good motivator. 

I grew up in Estcourt, Ntabamhlophe Location. I started Primary Education at Sakhile Primary School, Sobabili High School and Estcourt Senior Secondary School

I am a Teacher by profession. I did my Bachelor's Degree in Education from Durban University of Technology and hold an Honours Degree in Education from UNISA. I started teaching in 2007. In 2013 I was promoted to be a Head Of Department. In 2016 I was again promoted to be Deputy Principal where also I got a special opportunity to act as Principal.

A happy Miss Mabaso at the KZN Department of Education 2016 Awards Ceremony.

T: What inspires you to strive for such greatness?

M: As an innovative person, I always want to turn things around. Teaching is my calling. I like transformation. Changing the lives of African children is my vision, this is what inspires me. It gives me a reason to wake up in the morning and speak life to these young girls and boys. I am a visionary leader. Changing the lives of South African children inspires me to never stop doing what I do.

T: You must be their hero. Question is, who is your favourite superhero and why?

M: My favourite superhero is my former Grade 12 accounting educator, Dr. ATM Gwala. He managed to identify a talent and a special skill in me. He advised me to further my studies because of the potential he saw in me. He taught me so many things other than accounting. He is my mentor and life coach. He taught me the skills of being a good leader.

T: What is your vision for South Africa?

M: My vision for South Africa is seeing people who were previously disadvantaged changing their lives for good. I would love to see all citizens being able to read, write and be computer literate. This will enable them to try and do things on their own and not always depend on government.Seeing an old African woman or child reading a book in a train or taxi would make me happy. Every home should have a book to read! Every South African should be able to enforce their rights to education.

Rid yourself of financial woes

Outstanding debt is easier to sweep under the carpet than to deal with. Initially, you might find some solace in pretending, however, as time progresses, that bulge under the carpet will eventually become stress bulges that run down your neck and keep you up at night. Eventually the sound of a phone ringing will bring about anxiety, as it could possibly be one of your creditors following up or threatening to take legal action against you. That’s not even the worst of it all. The worst phase to enter is the one where you simply lose hope.

“Hope is like the sun, which, as we journey toward it, casts the shadow of our burden behind us.” Samuel Smiles

If you are having serious trouble repaying your debts and if you are ready to embark on the road to financial freedom, we at Legal Hero have the perfect solution: debt review. We do not offer this service personally, but have truly been inspired by Karin Augustyn from Cape Debt Clinic and her team to whom we refer all our financially distressed enquiries. Karin and her team’s compassion is beyond anything we have ever experienced in the overpopulated debt review industry. *

Debt review vs being placed under administration?

Debt review is often preferred to being placed under administration. Why?

Debt review offers greater consumer protection as the fees to the debt counsellor are strictly regulated by the National Credit Regulator. A debt counsellor will assess your state of indebtedness, offer sound financial advice and facilitate a debt rearrangement with your creditors. Should your creditors not agree to the debt rearrangement one may apply to court for an order confirming same. The debt counsellor will then manage all your payments from a central distribution agency on a monthly basis on your behalf.

Administration is more expensive and the fees to the administrator managing the payments are higher. A court order is required and the debt may not total more than R50 000. There have been many reports of irregularities in that the fees to the administrator are not properly regulated and there is no central distribution agency involved. In most cases the distributions to credit providers only occur every three months and are handled by the administrators themselves.

How long does debt review take?

Nothing is a short-term fix. You will need to commit. The goal is to get you debt-free within a period of 3-5 years. Depending on your circumstances, this could happen much sooner. For a detailed timeline elaborating on what happens from day 1 – the day of your financial freedom, visit this link:

http://www.capedebtclinic.co.za/Debt_Review_timeline.html

Visit this link for answers to other frequently asked questions regarding debt review:

http://www.capedebtclinic.co.za/Debt_Review_FAQ.html

Contact Cape Debt Clinic (not limited to the Western Cape) on 021 828 2658 for a free first consultation to assess your needs.



* Please note that Legal Hero does not receive commission/ referral fees for referrals to Cape Debt Clinic.

Legal Hero Cup Soccer Tournament

The Legal Hero Cup Soccer Tournament took place last week Saturday at Sun City Prison. We are excited to share some photos with you! 

First match: Centre B vs Centre C. 

Second match: Centre A vs Corporate Corrections. 

The final saw Centre A vs Centre B battle it out. After a nerve-racking match, we are proud to announce that Centre B, Medium B took home the Legal Hero Cup. 

In the photo below from left to right: National Business Executive Mr. Chris Madonda from Legal Hero, Special Organizing Manager Mr. Langa, Mr. Manamela from Medium B and Mr. Mnambo from Medium B. Special thanks to Deputy Director and Staff Support Coordinator Mr. Mogomotsi.

Sport unites. Times in South Africa are tough. The true heroes are those who brave on, smile and work actively towards a brighter future, together. 

October 2015 Hero of the Month Award

Our Hero of the Month Award goes to Warrant Officer Hlela based on his remarkable conviction rate! We applaud his bravery and dedication to the investigation that helped ensure the following convictions and sentences:

1. ACCUSED NO.1: 7 COUNTS OF RAPE: SENTENCE: 7X LIFE IMPRISONMENT; 

2. ACCUSED NO.2: 5 COUNTS OF RAPE: SENTENCE: 5X LIFE IMPRISONMENT AND 12 MONTHS ON COUNT OF THEFT OF CELLULAR PHONE.

From right to left: Pinetown Cluster Commander Brigadier van Rensburg, National Business Executive Mr. Madonda, Warrant Officer Hlela and Vispol Commander Brigadier Mgobhozi. 

We salute the brave men and women in SAPS who keep us safe.

Yours truly, 

Legal Hero 

www.legalhero.co.za 

Frequently used legal cost insurance lingo

A legal cost insurance product would typically cost you between R40 and R270 per month and would normally empower you with R40 000 – R200 000 legal cover per year – subject to the terms and conditions of your policy wording.

Speaking of the terms and conditions of your policy wording, do you really understand all the lingo and insurance mumbo jumbo used? We have compiled a short list of frequently used industry terms for your convenience.


Commencement date: This is usually the date on which your first monthly premium is paid and your policy is activated. This date may, however, change to a later date if you skip a payment. More importantly, this date is used to determine whether you are covered for a specific legal incident. Similar to vehicle insurance where you cannot crash today, take out vehicle insurance tomorrow and then demand cover/ your car to be fixed at the vehicle insurance’s expense, legal cost insurance typically only covers legal problems that occur after the commencement date, when you are already a paying policyholder.

Cause of action date: This is the date on which your legal problem originated. For litigation cover, this date must fall after your commencement date. If you are claiming for your divorce to be covered, the legal cost insurance industry would most probably ask when was the last time you and your spouse slept together/ when was the first time your spouse moved out of the room or house. You may be requested to sign an indemnity form, promising that all facts presented to the legal cost insurance company are true and that, should it be proved otherwise at a later stage, your fraud will for example also result in you paying the entire legal bill yourself.

Just to use another example: if you are seeking legal cover to institute a claim against someone owing you money, the cause of action date will be the date this person first defaulted and failed to pay in terms of the agreement between you two. Thus the cause of action date is not the date you two first entered into a loan agreement, but the date he/ she defaulted and failed to pay in terms thereof. This default date must then fall after the commencement date of your policy.

Litigation rejection letter: If you request litigation cover and it is rejected, the legal cost insurance company must provide you with a written rejection letter stating the reasons why you will not be covered. You may send this letter, together with a copy of the terms and conditions of your policy guide, to the Ombud for Short-term Insurance should you not be in agreement with the reasons provided.

Statutory disclosure: This is a document sent out with your policy documentation and you MUST by law receive a copy of the legal cost insurance company’s statutory disclosure. This disclosure must contain the details of the Ombud for Short-term Insurance, the details of the Insurer, company details and the details of the company’s compliance officer. Keep this document safe. A legal cost insurance company is typically underwritten by a bank or an insurance company to ensure further protection of the policyholder. Legal Hero is for example underwritten by Guardrisk Insurance Company Pty Ltd.

Should there be any other jargon worrying you, please feel free to reply in the comment section below.

Knowledge is power. We wish you a wonderful Friday and weekend.

Yours sincerely,

Legal Hero

www.legalhero.co.za

Equal protection of the law?

The only problem is that the law is very expensive. People earning less than R5500 per month may have access to free Legal Aid. The rest may need to fork out hundreds of thousands for legal help. Unless you have legal cost insurance = payment of an affordable and fixed monthly premium that pays out and covers you in your future moment of need. 

Section 9 of the Constitution of the Republic of South Africa, 1996 further reads, 

‘Everyone is equal before the law and has the right to equal protection and benefit of the law.’ 

The truth is that everyone is not always equal before the law if you cannot make use of the law (when you do not know how to enforce your rights, do not qualify for free legal aid and cannot afford the assistance of a private legal professional). 

Legal cost insurance is not a new concept and started out in the United Kingdom and Canada. Often referred to as ‘pre-paid legal services,’ protection is secured for future legal and litigation costs as per the terms and conditions of the relevant policy. Different to life insurance, legal cost insurance is a short-term insurance product. It is vigorously regulated by many acts with a few more developments on the horizon. Treating customers fairly is paramount. 

Legal cost insurance also has its own Ombud. The Office of the Ombudsman for Short-Term Insurance acts as a mediator/ arbitrator to assist consumers with complaints concerning service or a litigation rejection received in contrast with the terms and conditions of the policy. The service is free, however, only available once the complaint has been lodged with the legal cost insurance company first. If the complaint remains unresolved, same may be sent to the Ombud: P.O. BOX 32334, Braamfontein, 2017. Tel: (0860) 726 890 / (011) 726 8900 | Fax: (011) 726 5501. Email: info@osti.co.za.

Knowledge is power. 

Yours truly, Legal Hero 

www.legalhero.co.za

Here's to strong women

“You strike a woman, you strike a rock!” 

– Women’s March (9 August 1956) resistance song. The march was in protest of the pass laws restricting black men from entering the cities. Women from all races joined forces and marched to the Pretoria Union Building to hand over a petition. 

Fifty nine years later there remains an uncomfortable amount of reasons for South African women to join forces and march once more. 

Every six hours a woman gets killed by her intimate partner. Women are raped, abused and humiliated on a daily basis. Many households are headed by women - women who continue to earn significantly less than their male counterparts. So yes, the struggle to emancipate women is real and far from over.

It is true that we have come a long way. In ancient times a woman was regarded as the property of her father or husband and was unable to enter into a contract without a man’s consent. Isn’t it heartbreaking to note that in some households, not much has changed? More than 50% of women surveyed by the World Health Organization in 2013 have been abused verbally or emotionally. Most women unfortunately suffer in silence, fearing retaliation or self-blame. 

If you or someone you know is a victim of stalking, physical, economical, verbal and/ or emotional abuse, we urge you to please follow or pass on these simple steps to obtain a protection order: click here. 

The government is trying to relieve woman and child abuse by implementing Family Violence, Child Protection and Sexual Offenses units countrywide. On the 22nd of July 2015 the Minister of Justice and Correctional Services also officially opened the Schweizer Reneke Sexual Offences Court in the North West Province– a court with specially trained officials and equipment that will assist to reduce any chance of secondary trauma for victims of sexual violence. These are all strides in the right direction, however, there is a potential force much stronger than Parliament: all women joining forces. 

It is easy to sit back and blame decades of gender discrimination, especially as the damage caused is unacceptable and has bred mindsets that are not compatible with equal opportunities and respect. As a woman I believe it is time for us all to take a hard look in the mirror. Are you living a fulfilled life? Is this who you dreamed of becoming as a little girl? Are you spending more time belittling women than actively building each other up? Is that petty fight with that other struggling woman really worth it? 

Women form more than half of this beautiful country’s population. Imagine what we can accomplish together.

In celebration of Women’s Month, Legal Hero will upload a few Woman Law 101 notes to try ensure that no legal obstacle is stopping you from reaching your full potential. Please mail social@legalhero.co.za should you have any specific topics or questions you would like one of our legal wonder women to address.

“Here's to strong women. May we know them, may we be them, may we raise them.” - Unknown.

Deceased Estate Administration 101

Hope is being able to see that there is light despite all of the darkness – Desmond Tutu. 

The passing of a loved one is never easy. To make matters even worse, there is a certain amount of legal work that comes with the territory. 

The deceased estate administration process in a nutshell:

www.legalhero.co.za 

Know Your Socio-economic Rights!

Socio-economic Rights include the right to adequate housing, food, health services and water. In other words, these rights are basic essentials necessary to survive. 

It differs from Civil and Political rights (the right to vote, freedom of speech, equality, etc.) necessary to lead a full life.

Our Human Rights (both Civil/ Political and Socio-economic) are found in Chapter Two of our Constitution, the Bill of Rights. The wording of our Constitution qualifies certain Socio-economic Rights. 

Socio-economic rights can be qualified or unqualified 

· Qualified: 

- Only if the State (Government) has sufficient resources to fulfil the right;

- The State will make these rights available within its means/ depending on its budget/ ‘within available resources.'

· Unqualified: 

- The State has a duty to make these rights available; 

- This does not mean the State must make these rights available immediately or without delay (according to the Constitutional Court).

Human right violations: 

Speak to your hero/ attorney. Alternatively, you may contact the South African Human Rights Commission at complaints@sahrc.org.za.

Note: non-nationals can also claim Socio-economic Rights. If you have a look at the wording used in the Bill of Rights, you'll notice the word 'everyone' is used in the socio-economic sections. Also, in the Khosa case of 2004, the Constitutional Court once again highlighted that non-nationals are a vulnerable group in our society and should be protected.

Other rights, however, such as the right to vote and access to land, use the word 'citizens.'

Wishing you a wonderful Friday and weekend, 

Legal Hero

www.legalhero.co.za 

Human Dignity – fundamental value and justiciable right

When it comes to our basic human rights, those that usually jump to mind include access to water, adequate housing, health care services, basic education, etc. Perhaps it is because these rights are easy to explain.

What about the right to dignity? Section 10 of our Constitution reads that everyone has the right to have their dignity respected and protected.

Dignity is, however, often described as ‘fluffy’ in that our Constitutional Court has yet to define it. Many therefore argue that it cannot be seen as a human right on its own and rather serves as a guide/ value when interpreting the various other human rights found in our Constitution.

In the spirit of Human Rights Month, we have assembled some of our favourite judgement quotes on human dignity. 

1. In S v Dodo, concerning cruel and degrading punishment, the court raised the importance of human dignity.

2. Human dignity furthermore endorses our political rights.

3. In the case quoted below, it was acknowledged that “dignity is a difficult concept to capture in precise terms.” Nonetheless, it was ruled that the criminalisation of sodomy impairs human dignity.

 

     4. The Dawood case highlighted that human dignity is also a justiciable and enforceable right in itself. The court stressed that a human rights infringement can infringe more than one right. Cruel and degrading punishment infringes our right to bodily integrity as well as our right to human dignity, for example.

        

Wishing you a spectacular Monday! 

Yours truly,

Legal Hero. 

www.legalhero.co.za

Who can approach the Court for a Protection Order?

Before the Protection from Harassment Act:

· Only victims involved in a domestic relationship (such as spouses in a marriage, engaged couples or parties in a romantic-, intimate- or sexual relationship) could seek recourse.

After the Protection from Harassment Act (April 2013):



· Any victim of harassment causing mental, psychological, physical or economic harm;

· Also victims that were previously left unprotected, such as children and receivers of harassment committed by way of electronic communications (SMSes) or electronic mail (emails);

· A child or a person on behalf of the child such as a friend, relative or teacher may apply for a Protection Order without the assistance of the child’s parents or guardian.

Good to know: 

· If you do not have a lawyer, visit the Magistrate’s Court and ask the Clerk of the Court to assist you with the application procedure;

· Applications may be brought outside the ordinary Court hours or on a date which is not an ordinary Court date, if the Court has reason to believe that the victim is suffering or may suffer harm if the application is not dealt with immediately;

· You also have the right to lodge a criminal case against the harasser / Respondent (crimen injuria, assault, trespassing, extortion or any other criminal charge that has bearing on a persona or property).

www.legalhero.co.za 

Same Sex Marriages Introduction

Did you know? South Africa was the first country to proclaim:

a)      Sexual orientation as a human right in both its Interim (1993) and Final Constitution (1996);

b)      that discrimination based on sex, gender or sexual orientation was forbidden.

In spite of the above, the recognition of same-sex marriages only came much later as the South African Common Law (mixture of Roman Dutch and English Law) merely defined a marriage as "a union of one man with one woman, to the exclusion, while it lasts, of all others,” resulting in conflict and a direct contravention of Section 9 (the equality clause) of our Constitution.

It was not up until the lengthy and well renowned battle in Minister of Home Affairs and Another v Fourie and Another 2005, that the Common Law definition of marriage (and the marriage formula in the Marriage Act, to the extent that they excluded same-sex partners from marriage), was declared unfairly discriminatory and unjustifiable by the Constitutional Court. This judgment was handed down by nine justices, agreeing unanimously that the Common Law definition of marriage was unconstitutional and invalid. 

Wishing you a fantastic Friday and weekend ahead, 

Legal Hero. 

www.legalhero.co.za.