Lithemba Ncanywa Inc

Lithemba Ncanywa Inc Contact information, map and directions, contact form, opening hours, services, ratings, photos, videos and announcements from Lithemba Ncanywa Inc, Lawyer & Law Firm, 3rd Floor, Africa House, 6 Graham Street, North End, Port Elizabeth.

Whichever your election or situation is, we are available to assist you
09/09/2025

Whichever your election or situation is, we are available to assist you

02/11/2023

Notice of Change of Address

We are happy to notify everyone that our firm moved from 1 De Villiers Street, North End, Gqeberha to its new offices situated at 3rd Floor, Africa House, 6 Graham Street, North End, Gqeberha.

Please note that you may contact us for directions should you wish to do so.

Tel: 072 4077 588
Email: [email protected]

17/03/2023

FREEDOM OF SPEECH AGAINST OTHER FUNDAMENTAL RIGHTS

We all have a constitutional right to freedom of speech. However, such right should be exercised carefully to avoid infringing on other people's constitutional rights.

Steve Hofmeyr had to learn this the hard way. Pursuant to his social media post wherein, among other things, he said the LGBTIQ+ acronym includes those who engage in be******ty, our client, OUT LGBT Well-being, filed a complaint at the South African Human Rights Commission (SAHRC).

Thereafter, the SAHRC together with our client instituted legal proceedings against Steve Hofmeyr in the Equality Court, Gqeberha. However, the parties settled before the matter proceeded to trial and the settlement was made an Order of Court on 13 March 2023.

Steve Hofmeyr tendered to, among other things, pay a sum of R100 000.00 to our client, issue a public apology, participate in a diversity and inclusivity awareness and to pay our client's legal costs.

This is a great victory for the LGBTIQ+ community and it was a privilege to be part of this humbling process.

"OUT would like to thank the South African Human Rights Commission and its Eastern Cape Provincial Manager, Dr Eileen Carter, and Commissioner Andre Gaun; Lithemba Ncanywa Inc Attorneys; Advocate Msizi; and Sibonelo Ncanana, OUT's Human Rights Coordinator in Gqeberha, for their invaluable work in this case." These words express OUT's gratitude for the efforts of all those who were involved in this case.

We are really honoured to having successfully represented OUT in this case.

https://out.org.za/media-release-out-welcomes-steve-hofmeyr-hate-speech-settlement/

Can married parties change from being married out of community of property to being married in community of property, or...
26/06/2022

Can married parties change from being married out of community of property to being married in community of property, or vice versa, after the marriage?

As advisable as it is, it is seldom that spouses to be seek professional advice on the effects and consequences of marriage before getting married to each other. Some spouses only find out about the three available matrimonial regimes in South Africa on their divorce or on the death of another.

There are currently three available matrimonial regimes in South Africa which the parties can choose from, namely: (i) in community of property; (ii) out of community of property; and (iii) out of community of property with the accrual system.

The default matrimonial regime is in community of property. To avoid this, parties must enter into, and sign, a notorial contract (known as Antenuptial Contract) before a Notary Public and before their marriage. Therefore, if the parties get married without signing the Antenuptial Contract, the applicable matrimonial regime in their marriage will be in community of property.

However, in terms of section 21 of the Matrimonial Property Act 88 of 1984, spouses can apply to Court for leave to change the matrimonial regime applicable to their marriage by entering into, and signing, a notorial contract (known as Postnuptial Contract). To succeed in this Court Application, parties must satisfy the Court that: (i) there is/are good reason(s) that necessitate the change; (ii) sufficient notice has been give to all creditors; and (iii) no one will be prejudiced by the change in their matrimonial regime should the Court grant the leave sought.

All three matrimonial regimes have their respective advantages and disadvantages depending, of course, on the prevailing circumstances of the parties involved. Unfortunately, such advantages and disadvantages cannot be discussed herein.

The importance of seeking professional advice on the effects and consequences of marriage before, or even after, getting married cannot be overemphasised. For more information, contact your Legal Practitioner or contact us on any of our contact details below.

Contact us:
Tel: 072 4077 588
Email: [email protected]

Can Domestic Workers claim compensation for injuries sustained on duty?In terms of the Compensation for Occupational Inj...
28/05/2022

Can Domestic Workers claim compensation for injuries sustained on duty?

In terms of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA), employees can claim compensation for injuries or diseases they get while performing their duties. In the event that such employee dies as a result of such injury(ies) or disease(s), the spouse and/or the dependent(s) of such employee can claim. However, section 1 of COIDA excluded domestic workers from claiming under the Act.

On 19 November 2020, the Constitutional Court confirmed the decision of the High Court (Gauteng Divition: Pretoria) that the exclution of domestic workers by the Act is unconstitutional and therefore invalid. The Court further ordered that the Order is to have immediate and retrospective effect from 27 April 1994.

Therefore, domestic workers can now claim compensation for injuries sustained on duty or for employment related diseases. In the event that they die as result, their spouses and/or dependants can claim.

For more information, contact your Legal Practitioner or contact us on any of our contact details hereunder.

Tel: 072 4077 588
Email: [email protected]

Lawyers are required to promote access to justice by spending some of their time offering professional services to the p...
08/03/2022

Lawyers are required to promote access to justice by spending some of their time offering professional services to the public for free (pro bono).

In addition to complying with the abovementioned requirement, we represent members of the public for free on appropriate matters/cases or enter into suitable payment arrangements depending on the client's financial circumstances.

How do I know whether my matter/case is an appropriate matter to be represented for free or whether I can enter into a suitable payment arrangement?

Contact us:
Tel: 072 4077 588
Email: [email protected]

You have a legal question, we have a legal answer.You have a legal problem, we have a legal solution.Contact us:Tel: 072...
15/02/2022

You have a legal question, we have a legal answer.
You have a legal problem, we have a legal solution.

Contact us:
Tel: 072 4077 588
Email: [email protected]

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3rd Floor, Africa House, 6 Graham Street, North End
Port Elizabeth
6001

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