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Civil Law
Apostille Certificates
In South Africa the Department of International Relations and Co-Operations (DIRCO) are the administrators of Apostille Certificates or issuing a Certificate of Authentication. Consular notarial services are rendered to South African citizens and foreign nationals requiring South African official (public) documents to be legalised for use abroad. These services are rendered to provide legal validity to South African official (public) documents to enable a person to use the documents outside the Republic of South Africa.....more
Commissioners of Oaths
A Commissioner of Oaths can administer oaths or affirmations, sworn statements, take affidavits, and certify copies of original documents. A Commissioner of Oaths can be designated in a personal capacity or as an ex officio Commissioner of Oaths, which means that an organisation, motivates why certain officers/ officials in its employ, would need to be appointed as Commissioners of Oaths by way of their Office....more
Deceased Estates
The Master's office supervises the administration of deceased estates. The purpose is to ensure an orderly winding up of the financial affairs of the deceased, and the protection of the financial interests of the heirs. At death the estate of the deceased person is frozen, and no-one may withdraw funds from the deceased’s bank accounts or deal with any of the estate assets without the necessary permission from the Master...more
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Equality Courts
Equality Courts have been set up to help someone who believes that they have suffered unfair discrimination, hate speech or harassment. These courts make sure that it is easy for someone with such a case to bring their case to the court and that the issue is finalised quickly...more
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Insolvent Estates & Liquidations
An insolvent is a debtor whose estate (everything, including money, that a person owns) is under sequestration (has been placed under control until certain statutory provided time periods and/or prescribed conditions have been met). If you are married in community of property and your spouse becomes insolvent, the Insolvency Act, 1936, considers you to be insolvent as well in light of the fact that there is only one joint estate.....more
Legal Aid
Legal Aid South Africa provides professional legal advice and representation to those who can’t afford it. Visit their website or call them on the Legal Aid Advice Toll Free Line: 0800 110 110.
The South African University Law Clinics (SAULCA) is a voluntary association of all South African University Law Clinics. Follow this link to view the contacts for the Law Clinics at our various Universities who provide legal aid services.
Marriages
Getting married - The solemnisation and registration of civil marriages, customary marriages and civil unions are managed by the Department of Home Affairs. Civil marriages are governed by the Marriage Act and regulations issued in terms of the Act. South Africa also recognizes customary marriages through the Recognition of Customary Marriages Act, which became effective in November 2000.
Mediation
Mediation is a process by which a mediator assists the parties in actual or potential litigation to resolve the dispute between them by facilitating discussions between the parties, assisting them in identifying issues, clarifying priorities, exploring areas of compromise and generating options in an attempt to resolve the dispute. It is an alternative to having the dispute adjudicated in court....more.
Promotion of Access to Information
The Promotion of Access to Information Act, 2000 (often referred to as “PAIA”) provides for “the right of access to information” and states that “everyone has the right of access to any information held by the State and to information held by another person that is required for the exercise or protection of any rights.”...more.
Small Claims Courts
If someone (a debtor) owes you money, you can sue (institute a civil action against) him or her to recover the debt that he or she owes you. This means that you can have your debtor appear before the Small Claims Court to try to make him or her return your money. This court makes the claiming process quicker, easier and less expensive...more
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Sheriffs
The Sheriff is an impartial and independent official of the Court appointed by the Minister of Justice and Constitutional Development. The Sheriff or Deputy Sheriff must serve or execute all documents issued by our courts. These include summonses, notices, warrants and court orders. All Sheriffs and Deputy Sheriffs must carry a valid Identification Card issued by the South African Board for Sheriffs while on duty and must be able to produce it on request....more.
State Attorney Services
The Office of the State Attorney provides legal services to national and provincial departments.
State attorneys are attorneys in the service of the State. They represent the State in all lawsuits and transactions for and against the State. They work and function in the same way as ordinary attorneys and they release monthly statistics on all State Attorney Briefings...more.
Trusts
The administration of trusts is governed by the provisions of the Trust Property Control Act no 57/1988. There are two types of trust, e.g. an inter-vivos trust and a testamentary trust: (a) an inter- vivos trust is created between living persons; (b) a testamentary trust derives from a valid will of a deceased.
The inter-vivos trust must be registered with the Master in whose area of jurisdiction the greatest portion of the trust assets are situated...more
Tutors and Curators
This division of the Master's office supervises the administration of the affairs of persons whose property is, for various reasons described in this section, under the control of another person called a curator or tutor. Curators provide efficient, cost effective and specialized services of supervision in estates of minors and mentally challenged persons in South Africa. A tutor or curator may also be appointed over the estate of a minor if necessary....more