When a South African issued document is required by other countries that are also members to the Hague Convention, an Apostille Certificate will be issued either by DIRCO or the High Court. However, when a South African issued document is required by other countries that are NOT members to the Hague Convention, an Certificate of Authentication (not an Apostille Certificate) will be issued by DIRCO, regardless of whether the document has been verified by the High Court beforehand. Once DIRCO has authenticated the signature, the document is sent to the Country’s/authority’s Embassy for legalisation.

If you would like to deliver your documents to our offices via a courier service, please ensure that you email Notary Travel the following information in advance:

• Name & Surname
• Contact Number
• Email Address
• What services you require
• Which documents will be delivered
• Which country/authority require your documents

Once your documents have been legalised we are able to courier them back to you, should you not wish to collect them at our offices.

Please note that prices do not include courier service.
Our partner courier is Postnet Loftus Park.

 

You can apply to have your criminal record expunged when:

• a period of 10 years has passed after the date of the conviction for that offence.
• you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
• the sentence was postponed or you were cautioned and discharged.
• the sentence was a fine not exceeding R20 000.
• the sentence was imprisonment with the option to pay a fine (not more than R20 000) instead of serving the period of imprisonment.
• the sentence of imprisonment was suspended wholly.
• the sentence was correctional supervision in terms of section 276(1)(h) of the Act.
• the sentence was imprisonment in terms of section 276(1)(i) of the Act.
• the sentence was periodical imprisonment in term of section 276(1)(c) of the Act.
• proof is provided that your name has been removed from the National Register of Sex Offenders or the National Child Protection Register, if relevant.

A mining right holder cannot commence, inter alia, Mining Operations until the mining right has been executed. A mining right that is granted by the Minister in accordance with section 23(1) of the MPRDA comes into effect on the Effective Date.[7]

“Executed“

A mining right is “executed” when it has been signed by the Regional Manager and the ‘mining right holder’ in front of a Notary Public, who thereinafter ‘executes’ the mining right.

The execution date of a mining right is important as the mining right holder must commence with Mining Operations within one year of the Effective Date of the executed mining right’.

“Registered“

An executed mining right must be registered with the MPTRO (in accordance with section 16 of the MTR Act) within 60 days of the Effective Date. Once an executed mining right has been successfully registered with the MPTRO, the mining right holder obtains an asset in the form of a ‘limited real right’, which is capable of being disposed of or encumbered to a third party.

We assist with the entire process of execution and registration on your behalf.

Before we delve into the process of how to register a trust in South Africa, it’s important to understand the benefits that come with it. Trusts offer unique advantages, such as asset protection, tax planning, and the ability to manage and distribute wealth according to your wishes. By establishing a trust, you can safeguard your assets from potential creditors and legal disputes, ensuring that your hard-earned wealth is protected for future generations. Additionally, trusts can be an effective tool for estate planning, allowing you to dictate how your assets are distributed after your passing. With these benefits in mind, let’s explore the legal requirements for registering a trust in South Africa.

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You share a property with someone who is not your husband, wife or civil partner?

You want to leave money or property to a dependant who cannot care for themselves?

You have several family members who may make a claim on your will, such as a second spouse or children from another marriage?

Your permanent home is outside the RSA?

You have property overseas?

You have a business?

Your WILL should address the following:

Your will should set out:

• who you want to benefit from your will
• who should look after any children under 18
• who is going to sort out your estate and carry out your wishes after your death (your executor)
• what happens if the people you want to benefit die before you

You can keep your will at your home or store it with, your attorney or bank.

Conveyancing is the legal process of, but not limited to, transferring ownership of an immovable property from the transferor to the transferee. It involves a series of legal and administrative steps to ensure that the transfer is valid, secure, and legally binding.

Role of Conveyancers in Property Ownership Transfer

Definition of a Conveyancer

A conveyancer is a legal professional who specializes in property law and is authorized to facilitate the transfer of property ownership. They play a crucial role in ensuring that the transfer process is legally compliant, protecting the interests of both parties, and guiding them through the complexities of property transfer.

CONVEYANCING IN SOUTH AFRICA

PROPERTY AND PERSON SEARCHES AND DUE DILIGENCE

Before diving into the transaction, your conveyancing attorney will conduct thorough property and person searches to ensure that firstly, the property is clear and free from any encumbrances or disputes, and secondly, the person transferring the property is entitled to transfer the property. This step is crucial in uncovering any potential issues that might affect the transaction.

DRAFTING AND REVIEWING THE SALES AGREEMENT

Once the property is deemed clear, an agreement of sale (more commonly known as an ‘Offer to Purchase’) is drafted. This legally binding document outlines the terms and conditions of the sale, including the purchase price, payment schedule, and any special conditions. Both parties will review and negotiate the agreement, with their attorney, ensuring that their interests are protected.

OBTAINING FICA AND COMPLIANCE CERTIFICATES

As part of the legal requirements, the parties involved must comply with the Financial Intelligence Centre Act (FICA). The conveyancing attorney will guide you through the process of obtaining your FICA documents, ensuring that the transaction meets regulatory standards, and that all parties’ identities are verified in their respective capacities.

There are 5 compliance certificates that could arise in an agreement of sale, namely electrical, electrical fence, beetle, gas and plumbing/water. Whichever is applicable to the relevant property, and is stated in the sale agreement, must be supplied by the Seller/Transferor before the property is transferred. The compliance certificates are put in place to ensure that the property is compliant and safe to be transferred to the transferee.    

TRANSFER DUTY AND TAXES

Property transactions in South Africa are subject to transfer duty, which is a tax payable to the South African Revenue Service (SARS). Your attorney will calculate and facilitate the payment of transfer duty to SARS.

LODGING THE TRANSFER WITH THE DEEDS OFFICE

Once all documents are signed and in order, your conveyancing attorney will lodge the transfer at the Deeds Office. This is a critical step where the property’s ownership is officially transferred from the transferor to the transferee.

REGISTRATION AND HANDOVER

Once the Deeds Office has processed the transfer, the property is registered in your name.

The purpose of bail is to ensure that the Accused appears in court for their trial or court appearance. By allowing the Accused to be released from custody, the court is giving them the opportunity to prepare their case and continue with their daily life. However, bail is not granted automatically, and there are specific legal requirements that must be met before bail can be granted.

In South Africa, the right to bail is enshrined in the Constitution, and every person who is arrested or charged with a crime has the right to apply for bail. As the offences become more severe in nature, the burden of proof shifts and become more onerous for the Accused person Types of bail in South Africa

There are different types of bail available in South Africa, and each has its own conditions and requirements.

We are ready to represent you, give us a ring at any time, including after hours.

In wrongful arrest . . . the act of restraining the plaintiff’s freedom is that of the defendant or his agent for whose action he is vicariously liable, whereas in malicious arrest the interposition of a judicial act between the act of the defendant and apprehension of the plaintiff, makes the restraint on the plaintiff’s freedom no longer the act of the defendant but the act of the law.”

[Malicious prosecution consists in the wrongful and intentional assault on the dignity of a person comprehending also his or her good name and privacy.  The requirements are that the arrest or prosecution be instigated without reasonable and probable cause and with “malice” or animo iniuriarum.  Although the expression “malice” is used, it means, in the context of the actio iniuriarum, animus iniuriandi.  In Moaki v Reckitt & Colman (Africa) Ltd and another, Wessels JA said:

We can assist you in bringing civil claims against the Minister of Police and the NPA.

No conviction means you may have a valid claim- Get it touch with us, for free consultation on no win no fee basis.