Mokhabela & Mposula Attorneys

06/02/2023

It is a serious offence to be found in possession of illegal drugs in South Africa. If you or your family member was arrested for being in possession of illegal drugs, then this article will help you to understand the procedure that will ensue from the moment of an arrest until the conviction and se...

19/10/2022

We are Criminal Defense Attorneys.

Our attorneys are able to assist with the following:

- Bail applications [Police bail, Prosecutor bail and Court bail
- Consultations
- Preparations for Criminal Trials
- Representations at Criminal Trials
- Criminal Appeal Applications
- Criminal Review Applications
- Asset Forfeiture Proceedings

For more information, kindly visit our website at www.mmplaw.co.za

Alternatively, you may contact us on the following:
- 012 006 5274
- 076 955 7286
- 072 761 1278
- [email protected]

Would you like to speak to one of our attorneys over the phone? Just submit your details and we'll be in touch shortly. You can also email us if you would prefer.

06/09/2022

Mokhabela & Mposula Attorneys

Lungani Mposula

04/09/2022

Mokhabela & Mposula Attorneys

Preparation, Preparation and Preparation.

24/08/2022

Mokhabela & Mposula Attorneys

Today, Jonas Obakeng Mokhabela made an appearance at the Magistrate court in Johannesburg Central.

17/10/2021

17/10/2021

Insurance Law Services

Owing to our flexible Litigation Department, our law firm now offers specialized knowledge and advice on the working and ex*****on of insurance contracts.

We provide a full range of insurance litigation service in the Magistrate Courts, High Courts and the Supreme Court of Appeal. We assist both individual clients as well as small, medium and big companies.

We offer the following insurance law services:

1) Advice on insurance repudiation
2) Third Party Litigation
3) Motor vehicle insurance claims
4) Homeowners' and household insurance claims
5) Business and Commercial insurance claims
6) Advice on policy wording and interpretation
7) General and Public Liability insurance

Insurance companies often rely on the small print in their contracts, to reject their claims.

Therefore, should you require professional legal advice regarding your insurance claim, please feel free to visit our website on www.mmplaw.co.za in order to book a consultation.

Alternatively, you may contact us on the following :

- 076 9557 286 // [email protected]
- 072 7611 278 // [email protected]

27/08/2021

Unfair dismissals in the workplace

Unfair dismissal in the workplace occurs when an employer terminates a contract of employment without good cause or fair procedure or both.

The law of unfair dismissal is premised on the idea that an employer is in a stronger position of power than an employee. This assumption applies especially to employees at the lower skills level who dont possess strong bargaining power or the support of a labour union to protect themselves.

The law of unfair dismissal changed the imbalance of power relationships. Without entrenched regulations, an employer would easily be able to exploit vulnerable employees. This means that the decision of an employer to dismiss should embody elements of procedural fairness as well as substantive fairness.

The principle of "fairness" is a unique feature of the South African labour law. We make use of the following questions to determine whether there was "Procedural Fairness ":

- Was the employee afforded time to prepare for the hearing?
- How many "days notice" was given to the employee?
- Was the notice to attend the hearing given with charges?
- Who was the chairperson at the hearing?
- Was the chairperson neutral?
- Was there a prior investigation before the hearing?
- Was the employee reminded of his or her rights?
- Was the employee able to present his or her case?
- Was the employee notified of the outcome of the hearing?

Evidence to be used at the hearing of the alleged misconduct case:

An employee is advised to take written statements from witnesses when preparing for cases of alleged misconduct. You need to know what they will say and how their evidence will fit into your version of the facts.

After an employee has established a case of unfair dismissal, he or she has 30 days from the date of the dismissal to refer a case of unfair dismissal to an employment tribunal such as the Commission for Conciliation, Mediation and Arbitration (CCMA). If the tribunal finds the dismissal to be unfair, then the employer will have to reinstate or pay compensation to the employee.

For further assistance, kindly visit our website on www.mmplaw.co.za to book an appointment.

Alternatively, you may contact us on the following details:

- 076 9557 286 // [email protected]
- 072 7611 278 // [email protected]

27/08/2021

Unfair dismissals in the workplace

Unfair dismissals in the workplace occurs when an employer terminates a contract of employment without good cause or fair procedure or both. The principle of "fairness" is a unique feature of the South African labour law.

The law of unfair dismissal is premised on the idea that an employer is in a stronger position of power than an employer. This assumption applies to employees at the lower skill levels who don't possess strong bargaining power or the support of a labour union to protect themselves.

The labour law of unfair dismissal changed the imbalance of power relationships. Without entrenched regulations, an employer would easily be able to exploit vulnerable employees. This means that the decision of an employer to dismiss an employer should embody factors such as procedural fairness and substantive fairness.

We make use of the following questions to determine whether there was "Procedural Fairness":

- Was the employee afforded time to prepare for the hearing?
- How many "days notice" was given to the employee?
- Was the notice to attend the hearing given with charges?
- Who was the chairperson at the hearing?
- Was the chairperson neutral?
- Was there a prior investigation before the hearing?
- Was the employee reminded of his or her rights?
- Was the employee able to state his or her case?
- Was the employee notified of the outcome of the hearing?

Evidence to be used at the hearing:

An employee is advised to take written statements from witnesses when preparing for cases of alleged misconduct. You need to know what they will say and how their evidence will fit into your version of the facts.

After an employee has established a case of unfair dismissal, he or she has 30 days to refer a case to an employment tribunal such as the Commission for Conciliation, Mediation and Arbitration (CCMA). If the tribunal finds the dismissal to be unfair then the employer will have to reinstate or pay compensation to the employee.

For further assistance, kindly visit our website on www.mmplaw.co.za to book an appointment.

Alternatively, you may contact us on the following details:

- 076 9557 286 // [email protected]
- 072 7611 278 // [email protected]

Mokhabela & Mposula Attorneys is a new generation legal firm gifted with sophisticated and hard-working legal minds. The firm is positioned to take advantage of skills-transfer, new technology, joint-ventures and smart partnerships.

11/08/2021

Criminal Defense Attorneys

Our attorneys are passionate about criminal law and criminal litigation. We are always available to assist you on any aspects of criminal law, including the following:

(1) After-hours bail applications
(2) Opposed bail applications
(3) Unopposed bail applications
(4) Consultations
)5) Preparation for trials
(6) Trials
(7) Review applications
(8) Appeals against convictions and sentences
(9) Criminal record removals

Should you need our legal help, kindly go to our website on www.mmplaw.co.za to book a consultation.

Alternatively you may contact us on the following:

- 076 9557 286 // [email protected]
- 072 7611 278 // [email protected]

01/08/2021

Professional Divorce Attorneys

Married couples decide to get divorced when the marriage relationship has irretrievably broken down. This means that there are no prospects of reviving the marriage relationship between the couples.

While the divorce process can be exhausting and lengthy, it can also bring emotional and financial harm to all members of the family. There are different types of divorces which both parties may utilise but each type will depend on the cooperation of the parties in resolving their divorce terms and conditions.

The three types of divorces in South Africa are:

- Uncontested Divorce
- Contested Divorce
- Mediated Divorce

Uncontested Divorce

This is by far the least stressful of the three and is highly recommended. It is always cheaper to exit a marriage relationship through Uncontested Divorce. It is not lengthy and both parties are in agreement that the marriage relationship has broken down irretrievably, and that the marriage cannot be salvaged.

Both parties are working together to arrive at mutually beneficial divorce terms. They are in agreement regarding issues of child and spousal maintenance, child custody and the division of their assets.

Each party may appoint an attorney to advise them on the terms and conditions of a divorce. However, we advise that parties appoint a single and impartial attorney to advise them on their interests. The appointed attorney will then proceed to draft an official settlement.

The settlement agreement is then incorporated into a court order. The willingness shown by both parties to work together makes the process shorter and cost effective.

Uncontested Divorce

This is the type of divorce which is not recommended for parties contemplating divorce. The divorce process is usually lengthy, resulting in financial and emotional distress to all members of the family.

Parties often opt for Contested Divorce when they cannot come to an agreement on the terms and conditions of their divorce, or that one of the parties decided to dispute the reason for the divorce. The parties may also be in disagreement regarding the division of their assets, maintenance and custody of the children.

The parties may approach the court to decide how to deal with the issues that are in dispute. It is comprehensible to say that disagreements are to be expected due to the emotional nature of divorces.

Divorce Mediation

We both know that a litigated divorce is expensive and exhausting, and that it may take years to finalise. Therefore, another option is for parties to consider Divorce Mediation. It is an effective process that focuses on problem-solving and developing a positive parenting plan.

This is the type of divorce preferred by parties who are not able to arrive at a mutually beneficial divorce agreement. Parties prefer Mediation especially when they need to co-parent for years to come.

In this instance, the parties will proceed to hire the services of a neutral third party, an attorney or a professional mediator to help with negotiations and to reach an agreement of equal benefit for each spouse.

Some of the issues that may be addressed during mediation include:

- Division of assets
- Child and Spousal Maintenance
- Contact and care of the children
- Visitation schedules, custody and parenting plans.

Divine Mediators are trained professionals in negotiations and they remain impartial in all circumstances. Everything discussed during Mediation is confidential, and can never be brought to court as evidence.

The information above cannot be used as legal advice. For further discussion on the subject of divorce, kindly visit our website at www.mmplaw.co.za to book an appointment.

Alternatively you may contact us on the following:

- 076 9557 286 // [email protected]
- 072 7611 278 // [email protected]