Labour  law regulates relationship between employees/employers/unions. It also confer employees & employers rights. 

We can assist both employer & employee with:

>Resolution of labour disputes at CCMA/Labour court

    -Disciplinary hearings

     -Conciliation preparation

     -Arbitration proceedings

     -Alternative Dispute Resolution (Settlement agreements).

>Drafting work ethics/policy/employment contracts. 

Road Accident Fund is a government insurance created to pay compensation to road accident victims injured/ to the dependants of those killed as a result of the negligence of the driver or owner of a motor vehicle anywhere in South Africa

We can assist with:

>Instituting RAF claim

>Instituting claim against RAF.

DRAFTING OF A WILL

A will is a legal document that sets forth your wishes regarding the distribution of your assets upon death  and the care of any minor children. If you die without a will, those wishes may not be carried out.

It is crucial that your Will is drafted in such a manner that is valid, binding and enforceable. The law sets out requirements for a valid Will. To ensure that the beneficiaries in your will inherits accpordingly we offer assiatance with drafting various types of Wills n=mentioned below:

>Drafting of a testamentary will-general will where you can  appoint beneficiary to inherit your estates upon death.

>Drafting of a joint will-This is a will wherein two or more people set forth their wishes in ONE single WILL.

> Living will-This document is used when you can no longer communicate your health care wishes/preferences for your life treatment to your doctors.

DECEASED ESTATE

Upon death of a family member, you are required to report death to the Master of the High Court to enable lawful distribution of the deceased estate to  take place provided that such person have left behind any assests and money.

>If the deceased left behind a Will, their estate will be administered in accordance with the Will.  If the deceased died without a Will, their estate will be administered in terms of the Intestate Succession Act.

>This is a very stressful and a long process but we strive to give our clients piece of mind and uninterrupted mourning with assisting with the whole process.

>We assist with obtaining letters of Authority.

>We assist with obtaining letters  of   executorship.

We offer various family law services:

DIVORCE

–Dealing with Contested and uncontested divorce is one of our expertise

> we can assist you with divorce even if you do not know the whereabouts of  your spouse.

> we can assist you with your divorce even if your spouse is out of the country.

> we can assist you even if your spouse is avoiding summons or refusing to get divorce  by serving summons electronically i.e e,mail/ whatsApp etc

> Once the divorce is finalised we assist further with claiming of pension funds and or distribution of the joint estates as per the court order.

> We assist with Rule 43 & 58 applications. Pending the finalisation of the divorce process, either spouse have a right to claim for interim maintenance from the other spouse for himself/herself and children.

>Pending the finalisation of divorce either spouse have a right to request the court to compel the other spouse to contribute towards the household expenses like payment of bonds/car installments/loans/accounts/school fees.

>Divorce becomes less stressful , and cost effectively when spouses settle on fair and reasonable terms. In this case we draft settlement agreement that will be made a an order of the court. On the settlement agreement the parties incorporates divison clauses that best suits both parties and such clauses wil be incorporate into a court order.

CHILD CUSTODY AND CARE 

>We understand that divorce comes with a stressful and hard decisions regarding the custody of the children, hence our team always fight for the best interest of the children.

We draft parental rights and responsibility plans/agreements

>We assist with mediations regarding parental rights and responsibilities

>We assist with the court application for child’s custody/contact/guardianship.

CHILD MAINTENANCE

> Children are innocent ,fragile beings that needs to be protected, cared for and financially maintained by their parents. It is a pity that in South Africa many parents try to evade this responsibility. Our team always fight for the rights of the children and assist our clients in the following aspects :

> application for maintenance 

>application for the increase or decrease of maintenance where there is an existing order(variation).

> Cancellation of existing maintenance order where necessary.

>application for garnishee orders

>Enforcement of maintenance where the respondent is in arrears:

(a)Attachment of emoluments

(b)Attachment of debt

(c)Execution of property

(d) criminal enforcement(warrant of arrest/ criminal prosecution)

PROTECTION/HARRASSMENT ORDERS

>Harmony is very important hence we assist with mediations between parties 

. We can assist with obtaining protection/harrassment orders

CO-HABITATION AGREEMENTS

Cohabitation refers to a couple, heterosexual or same-sex, living together without being legally married to each other.  If you are in this relationship it is the responsible thing to do a cohabitation agreement because as the case with a marriage, a time could come when the relationship is terminated and then you will both be covered.

When your rights are threatened by the justice system we can assist you with:

> 24/7 Bail application (police bail/prosecutor bail)In court formal bail application

>Representing you in a trial proceedings in Magistrate’s Court and High Court.

Submission of Representations to the National Prosecuting Authority.

CIVIL LITIGATION 

When you have a claim against an individual or government or company we will help you through the whole process.

We also assist to defend civil claim against you.

URGENT HIGH COURT APPLICATIONS

The best possible way to deal with a case where you urgently require relief is to contact our experienced family law attorneys who will handle an urgent high court application expertly, efficiently and with the necessary experience.

EVICTIONS

A person may be evicted from a property if they are considered as an unlawful occupier. An unlawful occupier is when they are staying on the property without the consent of the rightful owner.

It is important for the lawful owner of the property to use the correct procedures when they want to evict a person from the property.

The main purpose for the procedure is to protect both the owner of the property and the occupiers. 

The owner or landlord needs to proceed in the lawfull manner to obtain a valid and enforceable eviction order. Our Attorneys has vast experince in assiting owners to obtain eviction orders.

UNLAWFULL ARREST AND DETENTION

If you have been wrongfully arrested, it is well within your rights issue summons for damages as a result therof.  There are certain rules to follow and our legal team at Bokia Attorneys will assist you through this traumatic situation. 

MEDICAL NEGLIGENCE CLAIM

If you believe that you have suffered as a result of negligence by a medical practitioner, you should institute legal action against the practitioner. A judge will decide whether the medical practitioner acted negligently after hearing both legal representations and expert opinions.

MOTOR VEHICLE ACCIDENT DAMAGE CLAIMS

If your motorvehicle is damageed  as a result of motor vehicle accidents. In such an instance, claims can be instituted against the wrongdoer.

We draft various contracts including the following but not limited to: 

>Employment contracts

>Long term & short term lease agreements & sub lease agreements

>Contract of sale

>Cohabitation agreement

> credit/loan agreements

>With virtual consultation platform we promote flexibility, convenience, accessibility and cost effectiveness.

>We eliminate the need for travelling and visiting our offices by offering virtual consultation that can be scheduled at your suitable times and at the comfort of the client’s home or work.

>With virtual consultations we are accessible to anyone across the country at low cost.

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