Civil Law

WHAT DOES THE LAW SAY ABOUT CIVIL LAW …

CIVIL LAW is the set of rules for your private relationships with other people. The state does not take sides in a dispute between private people.

A civil case is usually brought by a person (called the plaintiff) who feels that he or she was wronged by another person (called the defendant). If the plaintiff wins the case, the court usually orders the defendant to pay compensation (money). Sometimes the court may also order a defendant to do, or stop doing, something – for example, to stop damaging the plaintiff’s property.

The state may be involved in a civil case as a party if it is suing or being sued for a wrongful act – for example, if government property is damaged or a government official injures somebody without good reason.

Criminal And Civil Actions.

Sometimes a person’s act may lead to both criminal and civil actions. For example, Piet Fick hits one of the workers in his factory. This is a crime of assault. The state will prosecute him in the criminal court if the worker lays a charge against him. If there is enough proof to show that he is guilty, he may be punished by the state.

But Piet Fick also causes pain to the worker. This is a damage that one person does to another person. The injured worker could sue Mr Fick for damages and make him pay compensation for medical expenses, lost wages and pain and suffering. This will be a civil claim for damages through the civil court

Examples Of What Civil Law Deals With:

• Divorce
• If someone owes you money
• Rental Agreements & Evictions
• Damage to property
• Injuries to people
• Disputes over a hire-purchase agreement

Criminal Law

The right to a fair trial is a right that is entrenched in the South African Constitution and is a right that Marie Van Coller Inc takes very seriously. Our firm will strive to make sure that you have a fair trial throughout the case and that your right to freedom is not unlawfully infringed.

Our firm offers the following services in our CRIMINAL LAW Practice:

• Bail Applications – Formal, Informal & After Hours
• Legal Representation
• Attending Of Trials and all appearances
• Plea Bargaining
• Diversions

WHAT DOES THE LAW SAY ABOUT CRIMINAL LAW …

In a criminal case the state prosecutes the accused person, for committing a crime or breaking the law.

Prosecutes means the state makes a charge against someone. If the court finds the person guilty, the person can be sent to prison, or fined, or punished in some or other way.

Usually the state is not the complainant (the one making a charge). The state prosecutes, but any person or individual can be the complainant and lay a charge against another person or against the state.

A criminal case can be brought against anyone who broke the law, including a person who works for the state, such as a member of the police or defence force. So if, for example, you are unlawfully assaulted or shot by a member of the police or defence force you can bring a criminal case against them.

Examples Of Different Crimes And Breaking The Law:

• Rape
• Public Violence
• Assault
• Theft
• Trespassing

Dispute Resolution

In life, not everything goes according to script and it’s at those times when you need the best legal advice for your individual needs.

At Marie Van Coller Incorporated we strive to provide a high level of legal advice to pre-empt any legal dispute you may encounter and to resolve any dispute at an early stage to reach the best possible outcome and avoid the high costs of litigation.

Marie Van Coller Incorporated provides the following services in our DISPUTE RESOLUTION practice:

• Litigation in the Magistrate Court & High Court
• Landlord & Tenant Disputes
• Debt Collection
• Labour Disputes
• Motor Vehicle Collisions
• Contractual Disputes

 

 

Family Law

FAMILY LAW is a diverse and dynamic area in South Africa and you need to make sure that you are dealing with a firm that can adapt to the diversities faced in our country.

At Marie Van Coller Inc we believe that we have the expertise to cover all aspects relating to Family Law to ensure that you receive specialised advice to suit your individual requirements.

We offer the following services in our Family Law Practice:

• Mediation
• Divorce Proceedings
• Protection Orders
• Winding up of Estates
• Registration of Trusts

 

 

Labour Law

In South Africa’s current employment climate you need to ensure that you have the best labour advice at a moment’s notice at your disposal.

At Marie Van Coller Inc we understand how important it is to be employed and to be in a working environment that is productive to you and we will always ensure that your labour rights are enforced and protected at all times.

Our firm offers the following services in the LABOUR LAW practice:

• Employment Agreements, Policies & Procedures
• General Employment Advice
• Unfair Dismissals
• Unfair Labour Practices
• Mediation & Arbitration at CCMA and/or Bargaining Councils