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Legal guides

Written for people, not lawyers. Each guide has key points, a cost card, FAQs and a clear note on when you actually need an attorney.

Small business & POPIA

Does POPIA apply to my small business?

Yes. POPIA applies to every business that processes personal information in South Africa, whatever its size. If you keep customer phone numbers, run a payroll or take orders online, it applies to you. The basics can be done in a month without a lawyer.

9 min read · Updated 24 Oct 2026

Small business & POPIA

Do I need a shareholders' agreement?

If your company has more than one shareholder, yes. The standard Memorandum of Incorporation says almost nothing about disagreements, funding calls or exits. A shareholders' agreement fills that gap, provided it does not conflict with the Memorandum of Incorporation, which prevails.

9 min read · Updated 24 Oct 2026

Small business & POPIA

Can I send marketing emails and SMS under POPIA?

Yes, to two groups. Existing customers may be sent electronic marketing about similar products with an opt-out in every message. Everyone else needs prior opt-in consent, which you may ask for only once. Bought and scraped lists cannot lawfully be used.

9 min read · Updated 24 Oct 2026

Immigration

Can I change my visa status from inside South Africa?

Sometimes. The regulations under the Immigration Act allow a change of status from inside South Africa only in the categories they permit, and generally not from a visitor's visa except in limited cases such as the spouse of a citizen or permanent resident. Many people must apply from their home country, and the application must be lodged while the current visa is still valid.

9 min read · Updated 24 Oct 2026

Criminal

What is the difference between Schedule 5 and Schedule 6 bail?

The difference is who must prove what. For a Schedule 5 offence you must satisfy the court that the interests of justice permit your release. For a Schedule 6 offence you must go further and show exceptional circumstances. For everything else, the state must show why you should not get bail.

8 min read · Updated 24 Oct 2026

Traffic & AARTO

What is an enforcement order under AARTO?

An enforcement order is the end point of an unpaid AARTO infringement. It is not a warrant of arrest. What it does is block the renewal of your driving licence, your professional driving permit or your vehicle licence disc until the matter is dealt with, and it can be revoked in defined circumstances by applying to the Road Traffic Infringement Agency.

10 min read · Updated 24 Oct 2026

Traffic & AARTO

What is AARTO and how does it work?

AARTO is the administrative system for dealing with minor traffic offences under the Administrative Adjudication of Road Traffic Offences Act 46 of 1998. Minor offences become "infringements" handled by the Road Traffic Infringement Agency instead of by a prosecutor. Serious offences still go to the magistrates' court under the Criminal Procedure Act.

9 min read · Updated 24 Oct 2026

Traffic & AARTO

What happens if you ignore a traffic fine?

Ignoring a traffic fine does not make it go away. Under the AARTO Act you get a courtesy letter with an added fee, then an enforcement order that can block your licence renewals. Under the Criminal Procedure Act, failing to appear in court can lead to a warrant of arrest.

9 min read · Updated 24 Oct 2026

Traffic & AARTO

What happens if you are caught drinking and driving?

Drunk driving is a criminal charge, not an AARTO infringement. You are arrested, you are usually held until bail is arranged, and you appear in court. A conviction gives you a criminal record and can carry a fine, imprisonment or both, and the court may suspend or cancel your driving licence.

9 min read · Updated 24 Oct 2026

Criminal

What happens at your first court appearance?

It is usually short. The charge is put to you, bail is considered, and the matter is postponed for investigation or so that a Legal Aid attorney can be appointed. You are not normally expected to plead or to run a trial on the day.

9 min read · Updated 24 Oct 2026

Criminal

What are your rights when you are arrested in South Africa?

You have the right to remain silent, to be told why you are being arrested, to speak to a legal practitioner, to be held in conditions consistent with human dignity, and to be brought before a court within 48 hours. These rights come from section 35 of the Constitution.

9 min read · Updated 24 Oct 2026

Traffic & AARTO

How to nominate the driver of a fined vehicle

A camera fine is issued to the registered owner of the vehicle, even if you were not behind the wheel. You can nominate the person who was actually driving: on an AARTO notice by form AARTO 07 within 32 days, and on a Criminal Procedure Act notice usually by a sworn affidavit giving that driver's full details.

9 min read · Updated 24 Oct 2026

Traffic & AARTO

How to get a traffic warrant of arrest cancelled

A traffic warrant is usually cancelled by going to the court that issued it, arranging a new court date and explaining the failure to appear, often on affidavit. Going in voluntarily during office hours is treated very differently from being picked up at a roadblock.

9 min read · Updated 24 Oct 2026

Traffic & AARTO

How to dispute a traffic fine in South Africa

You dispute a traffic fine by acting on the notice before the date printed on it. Two systems run side by side, so check first whether you are holding an AARTO infringement notice, which you challenge by making representations to the Road Traffic Infringement Agency, or a Criminal Procedure Act notice, which you challenge in the magistrates' court.

10 min read · Updated 24 Oct 2026

Criminal

How to clear your criminal record in South Africa

Most criminal records can be expunged 10 years after the date of the conviction, provided you were not convicted and sentenced to imprisonment without the option of a fine during that period. You apply to the Department of Justice yourself, and you do not need an attorney to do it.

9 min read · Updated 24 Oct 2026

Criminal

How to apply for bail in South Africa

Bail can be granted by the police at the station for less serious offences, by a prosecutor before your first court appearance for certain offences, or by a court. The court asks one question: do the interests of justice permit your release?

9 min read · Updated 24 Oct 2026

Criminal

How long can the police hold you without charging you?

You must be brought before a court within 48 hours of your arrest. If that 48 hours expires outside ordinary court hours, or on a day that is not a court day, it extends to the end of the first court day after that.

9 min read · Updated 24 Oct 2026

Criminal

How does diversion work for first-time offenders?

Diversion takes a matter out of the formal court process on conditions. For children it is a structured route under the Child Justice Act 75 of 2008. For adults it is possible in limited cases at the prosecutor's discretion. Complete the conditions and there is no conviction.

9 min read · Updated 24 Oct 2026

What these guides are

Each guide on this page answers one question that a real person asked, in the words they asked it. Not a summary of an Act. Not an article about an area of law. One question, one answer, written so that somebody with no legal training can read it once and know what to do next.

They are written in house by the LawMatch editorial team from the South African statutes, the published rules of the courts and tribunals, and the guidance the CCMA, the Master of the High Court, the Information Regulator and the ombud schemes put out themselves. They are written for the person with the problem, not for the person charging for the answer.

Say the important part first. The content on this site has been reviewed by Shephard Dube, who holds an LLB but is not an admitted attorney. Where an admitted attorney has reviewed a guide, that attorney is named on it, with their Legal Practice Council number, so you can check them. No guide carries such a name yet, and a review of general information is not advice on your facts in any event. LawMatch is not a law firm and does not give legal advice. Read the guides as good general information that helps you ask better questions, and get a person involved when the stakes are real.

Start from your problem, not from a legal category

Most people do not know which area of law their problem sits in, and there is no reason they should. A landlord who has locked you out feels like a police matter. A debt collector phoning your office feels like harassment. A retrenchment that was really a dismissal feels like bad luck. Sorting your problem into the right box is a legal skill, and needing that skill before you can get help is exactly the barrier this site exists to remove.

So do not start by picking an area of law. Start by writing down what actually happened, in order, with dates. Who did what, on what day, and what you want to happen now. Then find the sentence below that comes closest to your situation. Getting to the right area is most of the work, because the forum, the deadline and the free route all follow from it, and all three are easy to get wrong at the start and impossible to fix at the end.

If your problem seems to sit in two areas, it probably does. A divorce with a house and a bond in it is family law and property law at the same time. Read both. Nothing stops you.

Find your problem in one of ten areas

Work. Anything about a job. Being dismissed, being retrenched, a disciplinary hearing, a contract changed without your agreement, unpaid leave or overtime, a restraint of trade blocking a new job, and claiming from the Unemployment Insurance Fund. If you have been dismissed, read how to refer an unfair dismissal to the CCMA today. The clock is short and it starts on the day you were dismissed.

Family. Divorce, what happens to the house and the pension, care and contact with children, child maintenance and arrears, protection orders where there is abuse, unmarried fathers, parenting plans and antenuptial contracts. Start with what to do if maintenance is not being paid if money for a child has stopped.

Where you live. Renting and buying. Deposits, rent increases, repairs, a landlord entering or cutting services, breaking a lease early, eviction from either side, transfer costs, and body corporate levies. If somebody is trying to remove you from your home, read can a landlord evict me without a court order first.

Debt and credit. Money you owe. Debt review, sequestration, a summons or a judgment, an order attaching your salary, repossession, debt collectors, section 129 notices, and wrong listings on your credit record. Old debts often cannot be enforced at all, which is why how to check if a debt has prescribed is the first thing to read when a collector calls about something ancient.

Claims and compensation. Harm somebody else caused. Road Accident Fund claims, injuries at a shop or from a dog, medical negligence, rejected insurance claims, defamation, and your rights as a consumer when goods or a contract go wrong.

Wills and estates. Writing a will while you can, and winding up an estate after a death. Reporting the estate to the Master, executors and their fees, who inherits when there is no will, contested wills, and the house or bank account nobody can touch. Start with how to write a valid will in South Africa if you are planning rather than grieving.

Criminal. Being arrested, your rights at the police station, bail, how a trial runs, laying a charge, diversion for a first offence, missing a court date, and clearing an old record.

Immigration. Visas of every kind, renewals, changing status, appealing a Home Affairs refusal, permanent residence, citizenship, asylum, and what your rights are if you are detained.

Traffic and AARTO. Fines, disputing them, demerit points, warrants for unpaid fines, drinking and driving, reckless and negligent driving, an impounded car, an expired licence, and what to do at the scene of an accident.

Small business and POPIA. Running something small. Registering a company, contracts with customers and suppliers, hiring your first employee, chasing an unpaid invoice, partner disputes, protecting a name, and every duty the Protection of Personal Information Act 4 of 2013 puts on you.

How a guide is built, and why in that order

Every guide follows the same shape, because the shape is the point.

The direct answer comes first. Yes or no, or the one sentence that settles it, in the opening lines. You should never have to read nine paragraphs of background to find out whether you have a case. If the honest answer is that it depends, the guide says what it depends on straight away.

Then the steps. What to do, in order, with the words you actually say and the office you actually walk into.

Then a worked example. A named person with dates and figures, so you can see the rule move. The example is always labelled as illustrative. It is not somebody's real matter and no outcome in it is promised to you.

Then what to do this week. The two or three things that are worth doing before anything else, usually because a deadline is running.

Then the documents to gather. A list you can work through, because the single biggest saving in any legal matter is arriving with the file already in order.

Then the deadlines. Set out plainly, with the date each clock starts running from, since that is where people lose good cases.

Then the common mistakes. What people do that quietly destroys their position: sending an angry letter, signing an acknowledgement of debt, waiting for an internal appeal while the referral period runs out.

Then the free route, before the paid one. Every guide tells you what the CCMA, an ombud, a tribunal, the Maintenance Court, the Small Claims Court or Legal Aid South Africa can do for nothing before it discusses an attorney. That order is deliberate and it never changes.

The rules every guide follows

Plain English throughout. Where a Latin or technical term is unavoidable it is explained in the same sentence. Acts are named in full the first time they appear, so you can look them up yourself rather than take our word for anything.

No invented authority. We do not put a section number in a guide unless it is real, and we do not name a case unless it exists and says what we say it says. Where a rule comes from common law rather than a statute, the guide says so instead of inventing a section.

Figures that change are flagged as changing. Thresholds set by ministerial notice, rates that move with the repo rate, and tables that are updated after the Budget are marked as moving and you are told to confirm the current one. Every worked example is labelled illustrative. No guide promises you an outcome, because nobody can.

How the guides fit with the rest of the site

A guide explains the rule. A calculator runs the arithmetic for your dates and amounts and shows its working, so start with the guide and take the number from the calculators. A template gives you the document, so once you know what to send, the templates have the letter, the checklist or the affidavit. The cost pages tell you what the paid route runs to, before you commit to it.

Use them in that order. Understand the rule, check the number, put it in writing, then decide whether to pay anybody.

When a guide is not enough

Stop reading and get a person when any of this is true. You have been served with court papers. A deadline is days away. A child, your home or your liberty is at stake. The other side already has an attorney. The amount would change your life. Or you have read the guide twice and still cannot see where your facts fit.

Free first, always. Legal Aid South Africa is on 0800 110 110 for people who pass its means test. The CCMA is on 0861 16 16 16 for anything about a job. Ombud schemes, the Maintenance Court and the Rental Housing Tribunal cost nothing, and the Small Claims Court checker tells you whether a money claim fits there. The free legal help page lists all of it in one place.