Zinhle Sibiya Attorneys

23/12/2022

ZSA office closure over the festive period

Kindly take Notice that our offices will close for the year-end period starting from 23 December 2022 (at 14:00) and reopen on 10 January 2023. We are however available for bail applications, please contact us on 062 210 5024.

Kind Regards
ZINHLE SIBIYA ATTORNEYS

29/08/2022

22/06/2022

ZSA

11/05/2022

CORRESPONDENT ATTORNEYS IN STANGER FOR KWADUKUZA MAGISTRATES COURT

Zinhle Sibiya Attorneys can be trusted to carry out quality and efficient correspondent work. We carryout your instructions same day if received before 10am. With KwaDukuza Magistrates Court and the office of the Sheriff being 5 minutes away from our offices, issuing of documents and delivery is done with speed.

Zinhle Sibiya Attorneys
Office 8, Jagnoor Centre
62 Hullet Street, KwaDukuza
KwaZulu Natal
Contact No: 062 210 5024
Email: [email protected]

11/02/2022

Today we dealt with a matter (Bail Application- Schedule 6) where our clients (3) are charged with murder.

We had to show the court that there are exceptional circumstances which permits their release.

We can confirm that our clients will spend this weekend home after a whole month of being imprisoned.

Bail was fixed at R2000-00 for each accused

Simply WhatsApp us 062 210 5024

Zinhle Sibiya Attorneys (ZSA) we are our clients’ servants.

19/01/2022

Safeguard your wealth, execute a Trust with the assistance of Zinhle Sibiya Attorneys

18/11/2021

Before you say "I do" this December, ensure that you have your marriage contract at hand.

Visit our offices today!
Or WhatsApp or call us at 062 210 5024

30/06/2021

If you are married in terms of Customary Law (ushade umshado we Cece) you are legally and perfectly married. Your marriage is recognized. All you have to do is to ensure that you register your marriage with Home Affairs within 3 Months.

Requirements for a valid customary marriage
1. The prospective spouses must both be above the age of 18 years;
2. They must both consent to be married to each other under customary law; and
3. The marriage must be negotiated and entered into or celebrated in accordance with customary law.
4. If either of the prospective spouses is a minor, either his or her parents, or if he or she has no parents, his or her legal guardian, must consent to the marriage. If there is no legal guardian, the Act provides for substitute consent.
5. The parties must not be prohibited from marriage because of relationship by blood or affinity as determined by customary law.
6. In addition to the above requirements, a husband in a customary marriage who wishes to enter into a further customary marriage with another woman must comply with a further requirement set out in the Act, namely
6.1 An application to the Court to approve a written contract which will regulate the future matrimonial property system of his marriages.

 Non-compliance does not render the subsequent marriage null and void, but will render it to be a marriage out of community of property.
 The husband must obtain the consent of the first wife before he may enter into a further customary marriage.
 Failure to do so will render the further marriages automatically as out of community of property.
7. A party to a civil marriage cannot validly enter into a customary marriage with another person while the civil marriage exists.

14/06/2021

ANTENUPTIAL CONTRACTS
An antenuptial contract is an agreement entered into by two people, who intend on getting married, before the actual marriage takes place. An antenuptial contract will include a comprehensive list of terms and conditions related to the division of assets in the event of divorce or death
Should the couple fail to enter into a valid, antenuptial contract before their marriage, they will, by default, be married in community of property.
Where a couple is married in Community of Property the spouses will not be afforded the substantial protection offered by an Antenuptial contract, which includes protecting the remaining spouse from creditors, should one spouse be declared insolvent.
Advantages of an Antenuptial Contract.
 During the marriage, each spouse will retain their separate property and will be allowed to use or deal with that property however they see fit.
 Any debt incurred by one spouse prior to the marriage, will not impact on the other spouse after the marriage is officialized.
 The debt of either spouse incurred during their marriage will be for their own account.
 Any assets that a spouse prefers not to include in the joint estate, are specified in the contract and remain excluded from the accrual system.
 The spouses do not require the consent of the other in order to conduct their day to day dealings with their individual assets.
 When undertaking a new business venture, it’s best for a married couple to have an antenuptial contract in place in order to protect their assets. These assets could be attached by creditors if the venture is not successful and therefore, the couple will fall into combined debt or insolvency.
 The spouses are also able to retain their own financial identity, which provides the opportunity to build a good credit rating and financial stability in the event that the marriage is later dissolved.

 An Antenuptial contract with accrual is the most practical and fairest marriage contract for both spouses to consider prior to marriage.

 Simply contact Zinhle Sibiya Attorneys on 062 210 5024 for further information or to execute your antenuptial contract.

07/06/2021

Wills

If you are over the age of 16 and capable of appreciating the nature and effect of your actions you can make a Will
In making a Will you give directions on how your assets should devolve after your death, may also include funeral directions. where Zinhle Sibiya Attorneys is instructed in respect of your estate we ensure that we carry out your wishes and ensure that your family is aware the funeral directions as per your Will.
Most people are faced with difficulties where a deceased family member’s Will is in possession of a financial institution which has its Estates Departments usually in Johannesburg, the family would not be aware of what their family member’s last wishes were and over and above that it may take years to finalize the winding up of the estate. With this we advise that it is best that you have your Will with your local Attorneys, of which your family must be aware of so that your estate may be reported swiftly.

Should you wish to draft your own Will below are inter alia the requirements

Section 2 of the Wills Act provides that no Will executed on or after 1 January 1954 shall be valid unless
1. The Will is in writing
2. The Will is signed by the Testator or by some other person in the presence of the Testator and by his direction. (commissioner of oaths required)
3. Two or more competent witnesses present at the same time (Competent witness = person who is 14 years of age or older and who is competent to give evidence in the court of law)
4. Testator must sign each page – witnesses need only sign the last page

Should you wish to engage our services kindly contact us on 062 210 5024 or call at our offices at Office 8, JANGNOOR CENTRE, 62 HULLET STREET, STANGER and. We are available Monday to Friday 8 am to 4pm, Sunday on appointment or you may email us on [email protected] or simply send us WhatsApp on the above number.

01/06/2021

Zinhle Sibiya Attorneys is now at Office 8, Jangnoor Centre, 62 Hullett Street, Stanger (close to Home Affairs).

Contact us on 062 210 5024

We are available on Whats App and also on calls for your convenience.