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Monday 08:00 - 17:00 Tuesday 08:00 - 17:00 Wednesday 08:00 - 17:00 Thursday 08:00 - 17:00 Friday 08:00 - 15:00

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A Van Wyk Attorneys

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A Van Wyk Attorneys is a Cape Town based law firm specialising in family law and other fields

30/10/2026

I WAS ARRESTED AND CHARGED. CAN I SUE THE PERSON WHO REPORTED ME?🖤👩🏻‍⚖️⚖️

Being arrested or charged with a crime does not automatically give you grounds to sue. But if the arrest or prosecution was unlawful or malicious, you may have a civil claim.

WHAT DOES SOUTH AFRICAN LAW SAY?

There is an important distinction between wrongful arrest and malicious prosecution.

⚖️ WRONGFUL ARREST: Under section 40 of the Criminal Procedure Act 51 of 1977, police may arrest without a warrant only when the applicable legal requirements are met. An arrest that does not comply with the law may give rise to a damages claim.

⚖️ MALICIOUS PROSECUTION: In Minister of Justice and Constitutional Development v Moleko [2008] ZASCA 43, the Supreme Court of Appeal confirmed that a claimant must prove that:

- The defendant set the law in motion.
- There was no reasonable and probable cause.
- The defendant acted with malice, legally understood as animus injuriandi.
- The prosecution failed.

WHAT IF YOU ARE ACQUITTED?

An acquittal does not automatically prove malicious prosecution. You must still establish the other legal requirements.

Likewise, a person who knowingly makes false allegations or deliberately abuses the criminal justice system may face legal consequences, depending on the circumstances.

Being arrested or charged is not, by itself, enough to win a damages claim. The legality of the arrest, the conduct of the parties and the evidence must be carefully assessed.

A VAN WYK ATTORNEYS™
📞 079 167 8771
📧 [email protected]
📍 Unit 21, Milnerton Mall, 2 Loxton Drive, Milnerton, Cape Town, 7441

Know your rights. Know the law.

This content is for general informational and educational purposes only and does not constitute legal advice. Every matter is fact-specific. No attorney-client relationship is created by viewing, commenting on, or contacting us through this content. Obtain independent legal advice before taking action.

Should you require proper legal advice or legal representation, please contact our office for assistance.

29/10/2026

𝘼 𝙑𝘼𝙉 𝙒𝙔𝙆 𝘼𝙏𝙏𝙊𝙍𝙉𝙀𝙔𝙎: 𝙈𝙊𝙍𝙀 𝙏𝙃𝘼𝙉 𝙅𝙐𝙎𝙏 𝘼 𝙇𝘼𝙒 𝙁𝙄𝙍𝙈 🖤👩🏻‍⚖️⚖️

Built on experience. Driven by principle. Focused on people.

Behind every legal matter is a person, a family, a business or a future that deserves protection.

Established on 11 February 2021, A Van Wyk Attorneys provides practical, strategic and purposeful legal services, recognising that effective representation requires more than knowing the law. It requires understanding the bigger picture.

⚖️ OUR AREAS OF PRACTICE

🖤 Family Law & Divorce
🖤 Civil & High Court Litigation
🖤 Cyber Law & Social Media Disputes
🖤 Harassment & Protection Orders
🖤 Criminal Law & Procedure
🖤 Commercial Law & Litigation
🖤 Contracts & Agreements
🖤 Property, Evictions & Rental Disputes
🖤 Wills & Estates
🖤 General Legal Services

WHY CHOOSE A VAN WYK ATTORNEYS?

Because legal problems are rarely just legal problems.

A dispute can affect your family, freedom, reputation, livelihood, business or home. We understand the stakes and approach each matter with preparation, precision and strategy.

Our focus is on understanding the problem, assessing the legal position and pursuing the appropriate remedy.

⚖️ A VAN WYK ATTORNEYS™️
📍 Unit 21, Milnerton Mall, 2 Loxton Drive, Milnerton, Cape Town, 7441
📞 079 167 8771
📧 [email protected]

29/10/2026

CAN A WITNESS REFUSE TO TESTIFY IN SOUTH AFRICA?🖤👩🏻‍⚖️⚖️

You have been subpoenaed to court, but you do not want to testify. Maybe you are afraid of the consequences, want to avoid getting involved, or do not want to testify against someone you know.

Can you simply refuse? Generally, no.

WHAT DOES THE LAW SAY?

Section 192 of the Criminal Procedure Act 51 of 1977 provides that every person is competent and compellable to testify unless expressly excluded by law.

Under sections 187–189, a subpoenaed witness must attend court. Refusing to testify without a legally recognised excuse can have serious consequences.

In De Lange v Smuts NO [1998] ZACC 6, the Constitutional Court considered the court's powers concerning witnesses who refuse to answer questions.

ARE THERE EXCEPTIONS?

- Self-incrimination: Section 203 protects a witness from being compelled to answer certain questions that may expose them to a criminal charge, subject to applicable statutory exceptions.

- Legal privilege: Certain confidential communications, such as qualifying communications between an attorney and client, may be protected.

- Fear, inconvenience or simply not wanting to get involved does not automatically excuse a witness from testifying.

WHAT IF YOU REFUSE?

Section 189 allows a court to deal with a witness who refuses to testify without a just excuse. Depending on the circumstances, imprisonment may follow.

Being a witness does not always mean you can choose whether to testify. However, the law recognises specific privileges and lawful excuses.

A VAN WYK ATTORNEYS™
📞 079 167 8771
📧 [email protected]
📍 Unit 21, Milnerton Mall, 2 Loxton Drive, Milnerton, Cape Town, 7441

Know your rights. Know the law.

This content is for general informational and educational purposes only and does not constitute legal advice. Every matter is fact-specific. No attorney-client relationship is created by viewing, commenting on, or contacting us through this content. Obtain independent legal advice before taking action.

Should you require proper legal advice or legal representation, please contact our office for assistance.

29/10/2026

SELF-DEFENCE VS REVENGE: WHEN DOES LAWFUL DEFENCE END?🖤👩🏻‍⚖️⚖️

Someone attacks you. You fight back to protect yourself. But what happens when the immediate danger passes and you continue hitting them?

Self-defence is not a licence for revenge.

WHAT DOES SOUTH AFRICAN LAW SAY?

Under the common law, private defence may justify force used to repel an unlawful attack that has begun or is imminent.

The defensive act must be necessary, directed at the attacker and reasonably related to the circumstances of the attack.

In S v Ntuli 1975 (1) SA 429 (A), the court confirmed that the test for private defence is objective: would a reasonable person in the accused’s position have acted in the same way?

WHEN CAN DEFENCE BECOME UNLAWFUL?

- Continuing to assault someone after the threat has ended may amount to retaliation rather than defence.

- Chasing someone down later to “teach them a lesson” is not self-defence.

- Using force that is not reasonably necessary to stop the attack may exceed the limits of lawful defence.

- You may use reasonable force necessary to protect yourself from an unlawful, ongoing or imminent attack.

The law recognises your right to protect yourself, not to punish someone because they attacked you first. The circumstances of each incident matter.

A VAN WYK ATTORNEYS™
📞 079 167 8771
📧 [email protected]
📍 Unit 21, Milnerton Mall, 2 Loxton Drive, Milnerton, Cape Town, 7441

Know your rights. Know the law.

This content is for general informational and educational purposes only and does not constitute legal advice. Every matter is fact-specific. No attorney-client relationship is created by viewing, commenting on, or contacting us through this content. Obtain independent legal advice before taking action.

Should you require proper legal advice or legal representation, please contact our office for assistance.

28/10/2026

THE COMPLAINANT HAS PHOTOGRAPHS OF INJURIES BUT NO J88. CAN THE PHOTOS STILL BE USED AS EVIDENCE? 🖤👩🏻‍⚖️⚖️

Yes. The absence of a J88 does not automatically make photographs of injuries inadmissible.

A J88 is a medical examination form, but it is not the only evidence a court may consider when assessing an assault allegation.

WHAT DOES THE LAW SAY?

Under South African law, relevant photographs may be admitted as evidence if properly authenticated and shown to be relevant to the issues before the court.

In S v Swanepoel [2008] ZASCA 8, the Supreme Court of Appeal considered the evidential value of medical findings in an assault case and cautioned against giving a J88 more weight than it justified.

WHAT MAKES THE PHOTOGRAPHS RELEVANT?

-When they were taken in relation to the alleged incident.
- Whether the person who took them can verify their authenticity.
- Whether they fairly depict the injuries.
- Whether the photographs are consistent with the complainant’s account and other evidence.

Photographs may help corroborate testimony, but they do not automatically prove who caused the injuries or how they occurred.

No J88 does not automatically mean no evidence. The court must assess the photographs alongside all the other evidence and determine whether the allegation has been proved beyond reasonable doubt.

A VAN WYK ATTORNEYS™
📞 079 167 8771
📧 [email protected]
📍 Unit 21, Milnerton Mall, 2 Loxton Drive, Milnerton, Cape Town, 7441

Know your rights. Know the law.

Disclaimer: This content is for general informational and educational purposes only and does not constitute legal advice. Every matter is fact-specific. No attorney-client relationship is created by viewing, commenting on, or contacting us through this content. Obtain independent legal advice before taking action.

Should you require proper legal advice or legal representation, please contact our office for assistance.

28/10/2026

THE J88 SAYS “NO VISIBLE INJURIES.” DOES THAT MEAN NO ASSAULT OCCURRED?🖤👩🏻‍⚖️⚖️

No. The absence of visible injuries does not automatically mean that an assault never happened.

A J88 records medical findings at the time of examination. Some injuries, including bruising and swelling, may only become apparent later. Assault allegations must be assessed on the totality of the evidence.

WHAT DOES THE LAW SAY?

In Mabotja v S [2023] ZAGPJHC 482, the court accepted that injuries may not be immediately visible and that their absence when police arrived did not undermine later medical findings.

Section 208 of the Criminal Procedure Act 51 of 1977 also provides that a court may convict on the evidence of a single competent witness. The State must still prove guilt beyond reasonable doubt.

WHAT EVIDENCE MATTERS?

- The complainant’s testimony.
- Witness statements and photographs.
- Messages, recordings and other relevant evidence.
- Medical findings and the timing of the examination.

A J88 stating “no visible injuries” does not, by itself, settle the question of whether an assault occurred. Equally, an allegation alone does not prove guilt. All evidence must be assessed fairly.

A VAN WYK ATTORNEYS™
📞 079 167 8771
📧 [email protected]
📍 Unit 21, Milnerton Mall, 2 Loxton Drive, Milnerton, Cape Town, 7441

Know your rights. Know the law.

This content is for general informational and educational purposes only and does not constitute legal advice. Every matter is fact-specific. No attorney-client relationship is created by viewing, commenting on, or contacting us through this content. Obtain independent legal advice before taking action.

Should you require proper legal advice or legal representation, please contact our office for assistance.

27/10/2026

NOVEMBER IS WILLS MONTH! YOUR WISHES. YOUR WILL. YOUR CHOICE.🖤👩🏻‍⚖️⚖️

📅 1–30 NOVEMBER 2026

Get your affairs in order and protect your loved ones with a professionally drafted Last Will and Testament from A Van Wyk Attorneys at our special November rates!

💰 WILLS MONTH SPECIALS

Standard Will: R400
Specialised Will: R900

WHY CHOOSE A VAN WYK ATTORNEYS?🖤👩🏻‍⚖️⚖️

Banks and financial institutions may offer free will-drafting services, but some arrangements require the institution or its nominated entity to be appointed as executor.

With A Van Wyk Attorneys, you have the freedom to choose your own executor or executrix, giving you greater control over who administers your estate and carries out your wishes.

Don't leave your loved ones uncertain about your intentions. Make provision for the future while you can.

📞 Contact us to arrange your will:
📱 079 167 8771
📧 [email protected]
📍 Unit 21, Milnerton Mall, 2 Loxton Drive, Milnerton, Cape Town, 7441.

Terms and conditions apply. The appropriate will category depends on the complexity of your instructions. Executor appointments are subject to applicable legal requirements and acceptance.

Know your rights. Know the law.

Should you require proper legal advice or legal representation, please contact our office for assistance.

27/10/2026

A HANDWRITTEN WILL FOUND IN A DRAWER AFTER DEATH. IS IT VALID? 🖤👩🏻‍⚖️⚖️

Not necessarily invalid even if it doesn’t follow the usual formalities!

Under section 2(1) of the Wills Act 7 of 1953, a valid will generally requires the testator’s signature and the signatures of two competent witnesses who are present together.

But there’s an important exception.

Section 2(3) allows a court to direct the Master to accept a document as a valid will if the deceased personally drafted or executed it and intended it to be their will.

In Grobler v Master of the High Court [2019] ZASCA 119, the court considered the importance of the deceased’s intention.

WHAT SHOULD YOU DO?

Preserve the original document and obtain legal advice about applying to court. A handwritten note expressing wishes is not automatically a valid will.

THE BOTTOM LINE: Failure to follow the usual formalities does not always mean the document is lost as a will, but a court order may be necessary.

A VAN WYK ATTORNEYS™

📞 079 167 8771
📧 [email protected]
📍 Unit 21, Milnerton Mall, 2 Loxton Drive, Milnerton, Cape Town, 7441

Know your rights. Know the law.

This content is for general informational and educational purposes only and does not constitute legal advice. Every matter is fact-specific. No attorney-client relationship is created by viewing, commenting on, or contacting us through this content. Obtain independent legal advice before taking action.

Should you require proper legal advice or legal representation, please contact our office for assistance.

27/10/2026

YOU CANCELLED YOUR CONTRACT. NOW PAY US THE FULL REMAINING BALANCE!🖤👩🏻‍⚖️⚖️

IS THAT LAWFUL IN SOUTH AFRICA?

Not automatically!

Under section 14 of the Consumer Protection Act 68 of 2008, consumers may generally cancel qualifying fixed-term agreements by giving 20 business days’ notice.

But cancellation may still carry costs.

WHAT CAN A COMPANY CHARGE?

- Outstanding amounts lawfully due.

- A reasonable cancellation penalty, where applicable.

- The full remaining contract balance is not automatically payable simply because the company demands it.

The reasonableness of a penalty depends on the circumstances, the contract and the applicable law.

WHAT SHOULD YOU DO?

1. Request an itemised breakdown of the amount claimed.
2. Ask for the contractual and legal basis for the charge.
3. Challenge a penalty you believe is unreasonable.
4. Keep your contract, cancellation notice and correspondence.

IMPORTANT: Section 14 does not apply to every contract, and different rules may apply depending on the type of agreement.

THE BOTTOM LINE: A company cannot simply demand money and assume you legally owe it. The charge must have a lawful basis.

A VAN WYK ATTORNEYS™
📞 079 167 8771
📧 [email protected]
📍 Unit 21, Milnerton Mall, 2 Loxton Drive, Milnerton, Cape Town, 7441

Know your rights. Know the law.

Disclaimer: This content is for general informational and educational purposes only and does not constitute legal advice. Every matter is fact-specific. No attorney-client relationship is created by viewing, commenting on, or contacting us through this content. Obtain independent legal advice before taking action.

Should you require proper legal advice or legal representation, please contact our office for assistance.

Address

Unit 21, Milnerton Mall, 2 Loxton Road, Milnerton
Cape Town
7441

Opening Hours

Monday	08:00 - 17:00
Tuesday	08:00 - 17:00
Wednesday	08:00 - 17:00
Thursday	08:00 - 17:00
Friday	08:00 - 15:00

Telephone

+27791678771

Website

facebook.com

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