Van der Merwe Viljoen Attorneys

03/05/2024

Does a criminal record stay with you forever?

The short answer which does not involve legal jargon, is no.

The process of removal of a criminal record of an individual in South Africa is known as expungement and is governed by the Criminal Procedure Act 51 of 1977 (“the Act”).

In very complicated words the Act states that every person convicted of a crime in a South African Court may apply to the Department of Justice and Constitutional Development (“the DOJ”) to have the conviction removed from their Police Clearance Certificate. According to the DOJ this process takes approximately 75 working days and can only be applied for after a period of 10 years have lapsed since the conviction.

It is important to known that a conviction could have been imposed on a person by a presiding officer in a South African Court, or it could have been tacitly consented to in an admission of guilt fine which was paid to the South African Police Service.

Whatever the circumstances and procedures where that lead to you having a criminal record, the law makes provision for you to expunge this record, and our firm is here to help you in doing so.

Our firm has successfully helped individuals rid of their criminal records and can do the same for anyone who has a criminal record and wishes to do away with it.

Contact us via email at [email protected] or give us a call at +27 67 471 6668 to enquire about our fees regarding expungement applications as well as what we need from you to get your application through as quick as possible.

Send a message to learn more

22/04/2024

A few important things to know when dealing with bail:

The governing piece of law that prescribes the parameters of bail is Chapter 9 of the Criminal Procedure Act 51 of 1977 (“CPA”).

In order for a person to bring any form of bail application, the person first needs to be charged at a South African Police Service (“SAPS”) station.

Individuals can bring any of the forms of bail on their own, it is however advised to have an attorney do it on your behalf due to the sensitive nature of a bail application and to the complexities involved with bring a bail application.

Bail causes the accused who is in custody to be released from custody, meaning that the accused is not prejudiced of his freedom. Bail conditions can of course be set in place, this however is subject to the uniqueness of every matter and shall not be discussed in depth in this article.

In law there are three forms of bail which will be discussed in sequential order, namely:

Bail before the accused appears for the first time in court in terms of section 59 of the CPA:

This form of bail the most commonly known form of bail in the public and sometimes called “overnight bail” or “police bail”.

This form of bail is applicable to any offence, other than an offence referred to in Part II or Part III of Schedule 2. Examples are theft, common assault or drunk driving, amongst others.

The parties involved in this form of bail are the accused and SAPS officers.

Bail authorized by the attorney-general in terms of section 59A of the CPA:

This form of bail can also be known to the public as “overnight bail” or “police bail”.

This form of bail is applicable if the offence committed listed as an offence in Schedule 7. Examples are .

The parties involved in this form of bail are the accused, SAPS officers, and the attorney-general (district public prosecutor) or authorized prosecutor.

This form of bail is quite difficult to achieve due to the limited time there is to get all the parties involved to work together.

Bail by way of an application in court in terms of section 60 of the CPA:

This form of bail is by far the most common in the legal profession. This form of bail comes into play when the accused has not been released on the abovementioned two forms of bail and appears in court for the first time.

This form of bail is achieved by bringing a formal bail application in court and can be unopposed or opposed by the prosecutor, depending on the severity of the offence/s the accused is being charged with.

Should you find yourself in a legal distress, contact us now for the legal assistance you need!

Article written by Stephan Viljoen (partner)

22/04/2024

Our office makes it easier for other South African law firms to operate as correspondent attorneys of record.

VV Attorneys covers numerous jurisdictions of various courts in Pretoria including Magistrate’s Courts, Regional Courts, Land Claims Court, Labour Court and the High Court of Pretoria.

We offer services such as:
- drafting of wills
- administering estates
- criminal litigation
- civil litigation
- family law and maintenance related matters
- bail applications
- expungements
- etc.

We possess all of the resources needed to promptly and efficiently manage any correspondent matter.

CONTACT VV ATTORNEYS: 067 471 6668 || [email protected]

22/04/2024

Happy Passover from Van der Merwe Viljoen Attorneys!

18/04/2024

Don't leave your family struggling and fighting with your estate once you're gone, book a consultation and have a valid will and testament drafted today

15/04/2024

Accidents happen every day, and that one moment can change your life forever. Every day there are thousands of car accidents on South African roads, but too few people are aware of the essential steps they must take afterwards. These steps are important because often a car accident leaves the people...

15/04/2024

Vital requirements for Road Accident Fund claims

Accidents happen every day, and that one moment can change your life forever. Every day there are thousands of car accidents on South African roads, but too few people are aware of the essential steps they must take afterwards. These steps are important because often a car accident leaves the people involved severely injured and possibly even affects their ability to work and changes the rest of their lives.

If you are injured in a car accident in any way (driver, passenger, pedestrian), you may have a claim for compensation against the Road Accident Fund (RAF). This compensation can take various forms: paying for the medical expenses you had to pay, paying for future medical expenses that might come up in the future, compensation for loss of past and future income, and general damages.

Submitting a valid claim can be difficult and there are some vital steps that each person must take after their accident to ensure that they do not compromise the validity of their claim. It is extremely important to seek medical care within 24 hours, preferably the same day. This ensures that there can be no doubt that any injuries sustained were caused by the car accident and allows attorneys to later obtain the medical records and the completion of a medical RAF 1 form by the doctor that was visited. Medical treatment can be received from any doctor (your local house doctor, medical centres, or hospitals).

It is also very important to report the accident at the nearest police station within 24 hours, and either get a copy of the Accident Report (AR) or take photographs thereof. If for any reason the police refuse to let you have any copy or photograph of the AR, at least make sure to get the AR number so that your attorneys can obtain a copy thereof at a later stage. If you cannot report the accident within 24 hours due to being hospitalised, report it as soon as you are discharged to avoid the RAF from contesting the AR validity or the SAPS from refusing to allow you to report your accident. You should also take as many photographs as possible of your injuries and the damage sustained by your car and any other car that may have been involved. It is also important to take a photograph of the other person’s number plate and their ID/Driving license to ensure that your claim does not fall under “unidentified” which reduces the time available to submit it.

Lastly, it is very important to seek out legal representation to assist you through the whole process of claiming against the RAF. Despite encouragement from the RAF for people to handle their own claims directly, it is not advisable for you to attempt this on your own behalf. It is a much more complicated process than they would have you believe, and your chances of success are much higher when you have an attorney handling the claim on your behalf. You are also much more likely to receive the compensation amount you deserve with an experienced attorney and their experts who can determine how much damages you have suffered. Submitting a claim and inevitably suing the RAF for compensation is also a lot of work and stress, which the attorney can take on instead of you.

If you find yourself in this situation, we can help you get the compensation you deserve and navigate this complex process on your behalf. Contact us today for more information or to book a free RAF claim consultation.

Article written by Partner Mauritz van der Merwe

03/04/2024

SAFEGUARD YOUR FUTURE

Creating a will is an essential aspect of responsible financial and estate planning. Despite its significance, many individuals overlook or procrastinate this crucial task. A will is a legal document that outlines your wishes regarding the distribution of your assets and the guardianship of your dependents after your passing. Its importance extends far beyond the realm of finances, playing a key role in providing peace of mind and ensuring that your legacy is preserved in the way you intend.

1. Asset Distribution:
A primary purpose of a will is to clearly articulate how your assets should be distributed among your heirs, beneficiaries, or charitable causes. Without a will, the distribution process may be subject to intestacy laws, potentially leading to disputes and complications among family members.

2. Guardianship of Dependents:
For parents with minor children, a will is an indispensable tool for appointing a guardian who will care for and make decisions on behalf of the children in the event of the parents' demise. This ensures that your children are entrusted to someone you trust and have chosen rather than leaving the decision to the court.

3. Avoiding Family Disputes:
A well-drafted will can help prevent family conflicts and legal battles over the distribution of assets. Clearly specifying your wishes reduces ambiguity and provides a legally binding document that can serve as a guide, minimizing the potential for disputes among heirs.

4. Tax Planning:
Wills can also play a role in tax planning, helping to minimize the tax burden on your estate. Properly structured wills can take advantage of tax exemptions and deductions, allowing you to maximize the value of the assets passed on to your beneficiaries.

5. Business Succession:
For business owners, a will is crucial for outlining a clear plan for the succession of the business. This helps ensure a smooth transition of ownership and management, preventing disruptions that could jeopardize the future of the enterprise.

6. Peace of Mind:
Perhaps the most significant benefit of having a will is the peace of mind it provides. Knowing that your wishes are documented and legally binding offers reassurance that your loved ones will be taken care of and your legacy will be preserved according to your intentions.

In conclusion, the importance of wills cannot be overstated. They serve as a vital tool in safeguarding your assets, providing for your loved ones, and preserving your legacy. By taking the time to create a comprehensive and legally sound will, you not only ensure the efficient distribution of your estate but also offer your family the guidance and security they need during a challenging time. Creating a will is a responsible and thoughtful act that reflects your commitment to caring for those you leave behind.

Contact van der Merwe Viljoen Attorneys for a consultation for the drafting of your will!

Email: [email protected]
Tel: 067 471 6668