Road accident fund claims

20/12/2023

LPC

01/03/2023

28/11/2022

Our services:

RAF claims
Medical Negligence claims
Drafting of a valid will
Administration of deceased estate
(Letters of Authority and Letters of Executorship)
Bail applications
Drafting of contracts
General Litigation
We represent you in court.
Legal advices...

10/11/2022

MVA (Accident Cases) If you were involved in an accident by Taxi, Bus, Car and Train we can help you
Medical Negligence Matters
Labour Law Matters
Conveyancing
Loss of support.

If you were involved in one of those we are here to help.

Call us on 021 023 2543

Your co-operation would be highly appreciated herein..

Yours faithfully

DR MAPHALE MJ

22/10/2022

Motor Vehicle Accident, Loss of Support and Passenger Claim we are here to help ....

13/10/2022

Do you have a valid Will? We can draft it for you.

Do you want to create a Trust? We can assist.

Were you in a car accident? We can assist with RAF claim.

Are you a victim of Medical Negligence from any hospital? We can handle your claim for Medical Negligence.

For Administration of Deceased Estate, Letters of Authority, Letters of Executorship...we can assist.

For legal advice...

For civil litigation...we can assist.

Call Dr Maphale Incorporated Attorneys at 063 852 7694

12/10/2022

CHILD MAINTENANCE

This obligation to support and maintain a child is a shared one between parents and arises out of the common law duty to support apropos or relative to one's respective means. The obligation was legislatively incorporated into Section 13(3)(a) of the Maintenance Act 99 of 1998. This obligation persists until the child becomes self-supporting.

Where a parent is not in a financial position to support their child, the duty of support can fall on the maternal and/or paternal grandparents, depending on which parent is not capable to provide support. Where both parents are unable to provide support, the paternal- and maternal grandparents will be jointly responsible for child maintenance.

The law recognises an 'order of priority'; the parents are first and foremost responsible, failing which the duty to maintain will fall on the grandparents. Should the grandparents be incapable of providing the necessary support, further relatives (such as siblings) may be considered.

When will grandparents be obliged to pay maintenance?
The minor child's grandparents will be obliged to pay maintenance where:

The parents of the minor child are minors themselves or where the parent(s) can prove that they are unable to support the child.
The grandparents stand in loco parentis which means "in the place of a parent".
One of the parents cannot be found but the grandparents can be.
The estate of a deceased parent is inadequate to contribute to the child's support.
Petersen v Maintenance Officer and Others 2004 (2) SA 56 (C) confirmed that the grandparents are obliged to pay maintenance even though the grandchild is an extra marital child.

When will there be a claim?
It is important to keep in mind that the person requiring maintenance must need financial help, whilst the person liable to pay the maintenance must be in a financial position to do so. This will be determined by the Maintenance Officer of the Maintenance Court.