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In our ‘team’ we have Legal Practitioners (Lawyers & Attorneys) and other Professionals who offer parallel solutions. Our website menu items LEGAL PRACTITIONERS and OTHER PROFESSIONALS offer a summary of services and will help you decide which type of service provider to use. Please review both pages. Afterwards, if you are still not sure who to use please ask for guidance using the Immediate Action Form on the Contacts Page.

 

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For free services you could engage with an organization such as legal-aid.co.za or visit justice.gov.za for free information. Depending on your issue any of the following organizations might be appropriate and mandated to help for free:

  • The National Consumer Commission,
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  • CCMA,
  • Housing Tribunal,
  • For insurance or banking issues, you should contact the appropriate ombudsman.

If you are looking to hire a Professional we guarantee that the fees quoted will be reasonable and you will not be charged anything until you have accepted a quote or entered into an engagement letter. Payment options will be communicated and might include hourly, per project, fixed rate or retainer. See a Cost Guideline HERE. The use of a Legal Practitioner or Court should be engaged with only once you have exhausted all amicable and free options, or if the matter at hand needs legal guidance and an expert to expedite a solution.

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Law around Housebreaking

- Featured article by LAWYERS-ONLINE.CO.ZA - April 2019

In South Africa, the crime of housebreaking is defined under the rule of common law, meaning there isn’t a specific set piece of legislature that provides for it. Instead, it is defined through the courts and history of case law. That makes the elements of the crime hard to pin down, however, according to SAPS, housebreaking is defined as “unlawfully and intentionally breaking into and entering a building or structure with the intention of committing some crime in it.”

Although the law around housebreaking in South Africa does draw from English Law, the development of a definition for this crime is still an ongoing process. Some scholars have expressed that the terminology used when defining housebreaking is too vague or overarching, and that is should be codified under legislature instead. However, there are minimum sentences set forth for the crime should someone be found guilty of housebreaking. A first offence can see someone in prison for a minimum of five years, seven years for a second offence and 10 years for a third offence.

Therefore housebreaking can be very vague, as what exactly constitutes breaking in remains tentative – is walking in through an unlocked door uninvited breaking in, or is it only breaking in when the door is broken down? Is it only unlawful should a crime occur after the break in? It is clear that the law around housebreaking is open to interpretation and would benefit greatly from a review.

If you require any assistance regarding the law around housebreaking, do not hesitate to use our services to put you in touch with a lawyer that will bring more clarity to the matter.

Law around Housebreaking - Criminal Lawyer South Africa