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.

Life Hero

In a bid to counter more of your life’s villains, Legal Hero is proud to present a few new hero products.

Life Hero is a product range that falls within the long term insurance industry. In collaboration with Triarc - an authorized financial services provider also with Guardrisk (Guardrisk Life) - we now offer you the following benefits: 

1. Life Cover

2. Disability Cover (Core and Comprehensive) 

3. Dread Disease Cover (Core and Comprehensive)

4. Functional Impairment Cover (Core and Comprehensive) 

5. Income Protection Cover

1. LIFE COVER 

Unfortunately, death is inevitable. As a final courteous act, help us help you enable the loved ones you leave behind.

• 100% of the cover will be paid out if you are diagnosed with a terminal illness with a life expectancy of less than 12 months;
• Your policy may also be ceded as security for a loan;
• 20% of your cover - up to a max of R50 000 (Fifty Thousand Rand) - will be paid to your beneficiary within 48 hours to cover your funeral expenses or as instant cash.

2. DISABILITY COVER 

Life’s villain: 1 in 4 people will become disabled before retirement. 

• 100% of the benefit amount will be paid out as a lump sum to you in the event that you become permanently disabled.

3. DREAD DISEASE COVER

Life’s villain: Various types of cancers and diseases, including heart attacks, strokes, pancreatic failure, loss of vision, major skin burns, Hodgkin’s disease, etc. 

• 100% of the benefit amount will be paid out to you in the event that you become diagnosed with a dread disease;
• Cover helps pay the bills will you are recovering. Note that your medical aid will pay for the cost of treatment for the disease.

4. FUNCTIONAL IMPAIRMENT COVER

Life’s villain: Struggling with daily activities such as walking, washing, eating, etc. due to injury. 

• A percentage of your cover will be paid out to you, depending on the extent to which your ability to do normal daily activities has been impacted. 

5. INCOME PROTECTION COVER 

Life’s villain: Surviving without a salary. 

• Monthly pay-out to help you pay your bills and cover other living expenses while you are unable to earn an income 
• … as a result of a bodily injury or illness to the extent that you are unable to perform the main duties of your occupation on a total or a partial basis

Your cover amount required as well as the relevant premium is based on a needs analysis. Kindly contact your relevant Legal Hero broker or e-mail life@legalhero.co.za for more information.

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.

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

How to Apply for a Protection Order

1. Go to the Magistrate’s Court and complete a Protection Order Application form.
- You may ask the Clerk of the Court for assistance;
- Take with you all supporting documents (including Affidavits of others, photos, text messages, etc.);

2. The Presiding Officer will consider your application as soon as reasonably possible.

3. If the Presiding Officer agrees that you are in danger of further harm, the Presiding Officer will issue you with an interim Protection Order.
- The Presiding Officer can issue an interim Protection Order without listening to the harasser’s side of the story;
- An Interim Protection Order is a temporary court order;
- This temporary court order will specify a future date – the return date – upon which both parties (victim and harasser) are to appear in court to each present their case.

4. A member of the SAPS or the Sheriff of the Court will serve the interim order on the harasser.

5. On the return date: the Presiding Officer will listen to both sides of the story.
- If found on a balance of probabilities that the harasser did indeed commit an act of harassment and that harm will be suffered if a final Protection Order is denied, a final Protection Order will be issued;
- If not, the interim Protection Order will fall away/ become invalid;
- The Presiding Officer may even issue a final Protection Order in the harasser’s absence should the harasser be a no-show.

WHAT IS THE POINT OF AN INTERIM AND FINAL PROTECTION ORDER? 
- An interim and final Protection Order both come with a suspended warrant of arrest;
- An interim and final protection order both specify certain rules for the harasser to follow (do not make contact/ do not come within a certain distance of the victim/ etc.);
- Should the harasser overstep any of the rules stipulated in the interim or final order, the victim can go to the Police Station and ask for the harasser’s arrest!