Kruger Attorneys

23/02/2021

Hi All.
We are looking for a legal secretary.
Must have 10 years experience.
Our offices are in Horizon, Roodepoort.
Kindly forward your CV to our office [email protected]. Thanks and stay safe!

08/05/2020

Do you have to move during the lockdown? New regulations published on 7 May 2020 now allows you to do it up until 7 June 2020.

The attached images contains all information you need including the application form for a permit.

08/05/2020

If you need any assistance with drawing up your first-, or changing a current will and testament, please do not hesitate to contact us.

24/04/2020

23/04/2020

23/04/2020

14/06/2016

https://www.theguardian.com/world/video/2016/jun/14/oscar-pistorius-reeva-steenkamp-sentencing-father-video

Testifying on the second day of Oscar Pistorius’s sentencing hearing at the high court in Pretoria, Barry Steenkamp says his wife June has forgiven the Olympic runner

14/06/2016

Search warrants and my rights

It’s Friday afternoon and you’ve just gotten home after a busy week with the prospect of a relaxing weekend ahead. Suddenly there’s a loud knock on the door. You open the door to find a police officer on your doorstep. The police officer greets you formally and informs you that he wants to search your property as the police have received a tip-off of stolen contraband being kept in your house - and that if you don’t provide consent, he will come back with a search warrant. What should you do?

Search warrants and any entering and seizing of property or premises, must comply with the Criminal Procedure Act, Act 51 of 1977 (“CPA”) and meet specific requirements. The CPA makes provision for searching where the objective of the search is to find a specific person or to seize an article which falls under the following categories (subject to certain exceptions such as privileged documents):

An article which is related to (or on reasonable grounds believed to be related to) the commission or suspected commission of an offence;

An article which may afford evidence of the commission or suspected commission of an offence; or
An article which is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence.

The CPA determines that the aforementioned articles may only be seized with a search warrant issued (before a criminal trial) by a magistrate or justice of the peace, if there are reasonable grounds for the belief that such article is in the possession or under the control of a person or at any premises; or (during a criminal trial) by a judge or judicial officer presiding at criminal proceedings, if it appears that such article is required as evidence in such proceedings. Such a properly issued search warrant authorities a police official to seize the article and search any person identified in the warrant, or enter or search any premises identified in the warrant and to search any person found on or at such premises.

A search warrant must be executed by day, unless the person issuing the warrant, in writing, authorizes the ex*****on to be at night. A search warrant may be issued on any day and remains in force until executed or cancelled by the person who issued it, or if such person is not available, by someone with the same authority.

A copy of the search warrant must, after ex*****on, upon demand be handed to any person whose rights in respect of any search or seizure of any article under the warrant are affected.

Any search conducted under a warrant must be done in an orderly and decent manner. Where the person to be searched is a woman, a female police official must conduct the search.

Without detracting from the above, circumstances may exist where a search may be conducted and an article seized without a search warrant. A police official may without a warrant, search any person or premises for the purpose of seizing any article if –

The person concerned consents to the search and seizure of the article in question; or

The police official believes on reasonable grounds that a search warrant will be issued if he applies for one and the delay in obtaining such warrant would defeat the object of the search; or
Where a police official in the investigation of a crime suspects that a person who may provide information to such crime is on any premises, such a police official may without warrant enter such premises to interrogate and obtain a statement from the person, provided that such police official doesn’t enter any private dwelling without the occupier’s consent.

A police official who acts contrary to the authority of a search warrant issued, or who searches a person or premises or seizes an article without the authority to do so is guilty of an offence.

Accordingly, should you ever answer the door and be requested permission by police officials to search your property: request the police officials to properly identify themselves, state the reasons for wishing to enter and search the premises, identify whether they have a search warrant and request a copy thereof.

07/06/2016

WHAT TO DO AFTER A CAR ACCIDENT

Your rights and obligations after a collision.

1. If you are involved in a motor accident, in terms of the Road Traffic Ordinances, there are clear duties imposed on you if you are involved in or contribute to an accident on a public road, in which another person is killed or injured or suffers damages in respect of any property or animal. Here is what you should do :

* Stop your vehicle immediately. Of course, you do not need to stop at an accident if, for example, you hit a tree and only damage your own car or injure yourself. There is a legal and, indeed, a moral obligation on you to report a collision to your nearest police station if you hit a lamp standard or say a stationary vehicle and the accident is not witnessed.

* Check the nature and extent of any injury to another person.

* If the person has been hurt, do all you can to help by administering first aid, (if you know how), summons the police and, if necessary, an ambulance. If you know nothing about first aid, please do not try to render assistance as this may do more harm than good!

* Determine the nature and extent of any damage suffered.

* If you are required to do so by any person entitled to such information, provide and obtain the following information :

+ name, address and telephone number of both drivers name,
address and telephone number of the owners of the vehicles
+ registration numbers of both vehicles

+ names of the driver’s / owner’s insurance company / insurance broker

+ full details of the place and time of the collision and the road conditions and visibility at the time

+ a short note (to jog your memory) of what you recall occurred immediately before and at the time of the collision (including a description of what happened, the speed at which the vehicles were travelling, whether the lights were on or off, whether the other driver was indicating etc.,)

+ if you are fortunate enough to have a camera or cellphone with you at the time of the collision, take photographs of the scene of the collision from various angles. If not, it is always a good idea to return to the scene as soon as possible thereafter, to take the necessary photographs

+ measure distances from the point of the collision to identifiable landmarks such as traffic lights, lamp standards, stop signs and the like and make a rough sketch showing the position of the vehicles immediately before and after the collision

+ if you are fortunate enough to have witnesses, make sure to take down their full names, addresses and telephone numbers
+ do not admit liability for the collision, whether to the driver of the other car, a bystander or to the Police, as this may prejudice any claim that you may have either against the other driver or in respect of your policy of insurance .

On the other hand, if the other driver apologizes for the collision and admits liability, do not hesitate to have him sign a written admission of liability there and then and, if possible, have that statement witnessed. On the other hand, if he is not prepared to commit his apology to writing, endeavor to persuade him to make his admission in the presence of a responsible official, such as a police officer

+ if a person or animal has been injured, you are not allowed to move the vehicles, even if they obstruct the traffic until you are given permission to do so by a traffic officer or unless either vehicle completely obstructs the road. However, if you do move either vehicle, it is important to chalk out its position before doing so. On the other hand, if no-one has been injured, it would be important to move the vehicles out of the road to prevent a further collision with oncoming traffic

+ if you are obliged to have your car towed away, agree the charges in advance, otherwise you could be in for a nasty shock when presented with the bill later. Similarly, if you are a member of the Automobile Association (AA), make sure that only an approved tow-in service is utilized, as the AA will not pay for such service otherwise and you could be substantially out of pocket
+ if there is a traffic officer at the scene of the collision, you are obliged to provide him with such information as he may require.

If you do not give this information to such official, you must within 24 hours of the accident, report it at a police station or at an authorized office of a traffic officer (unless you are injured and cannot do so in sufficient time, in which event you must report the accident as soon as is reasonably practicable thereafter).

When you report the accident, give only the bare essentials and do not commit yourself to a written statement before consulting your insurance company or attorney.

+ as soon as possible, advise your broker of the accident (even if you do not intend to claim), as the other driver may lay a claim at a later stage

2. Keeping the above in mind, it would be advisable to carry in your car a pen, paper, a first aid kit, torch and red reflective triangles.

01/06/2016

Why was President Zuma’s case heard in the Constitutional Court and not the Supreme Court of Appeal?

“I’m sure all South Africans have followed the Nkandla case in the Constitutional Court with great interest. I was just wondering why the matter was heard by the Constitutional Court directly and not by the Supreme Court of Appeal, like the Oscar Pistorius case?”

In South Africa our courts are independent and subject only to the law and our Constitution. It is also the Constitution that sets out the structure of our court system and defines the roles and jurisdiction of each court in this country.

The matter of President Jacob Zuma in respect of the Nkandla improvements was heard and decided on by the Constitutional Court and not in the Supreme Court of Appeal. To understand why, it is important to know that there are differences between the Supreme Court of Appeal and the Constitutional Court.

The Supreme Court of Appeal, based in Bloemfontein, is the second highest court in South Africa. It is a court of second instance meaning that it only hears matters on appeal against decisions of a High Court. Before any matter is heard by the Supreme Court of Appeal the parties must have leave to appeal, granted either by the High Court or by the Supreme Court of Appeal itself. The Supreme Court of Appeal can make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but such an order regarding constitutional invalidity has no force unless it is confirmed by the Constitutional Court.

The Constitutional Court, situated in Braamfontein, is the highest court in our country when it comes to the interpretation, protection and enforcement of constitutional matters. It may only decide on constitutional matters and its decision on any such matter is regarded as final. The normal route for a case to reach the Constitutional court is after the High Court or Supreme Court of Appeal rules against an applicant, the Constitutional Court can then be approached on appeal. The applicant will however have to show that the case concerns a constitutional matter before the judges will decide whether there is a reasonable prospect of success and allow the appeal.

To understand why the case of President Zuma was referred directly to the Constitutional Court and not first to a High Court or eventually via the Supreme Court of Appeal, one must take note of Section 167(4)(e) of the Constitution which determines that only the Constitutional Court may decide that parliament or the president has failed to fulfil a constitutional obligation. As in the case of President Zuma, the Constitutional Court will then act as both the court of first and last instance meaning that this court must be approached directly and will have the final say on such a decision. Section 172(1) of the Constitution goes further and gives the Constitutional Court the power to declare any act of Parliament, a provincial act or any conduct of the President that is inconsistent with the Constitution as invalid.

Given that a ruling was required on whether a constitutional obligation rested on the president or parliament and whether it was fulfilled or not, it is clear that in terms of our Constitution only the Constitutional Court had jurisdiction to hear the matter and make a ruling and that the Constitutional Court had to be approached directly. Given the democratic importance of the matter, it makes sense that our highest court should have the necessary power do deal with such an important issue directly, as it did.