Personal - FAQ's For Legal Assistance

What is legal assistance cover?
Almost without exception, all individuals will experience legal problems during the course of their lives. Legal assistance cover provides face to face and telephonic legal advice and representation for personal legal matters.
What am I covered for with my legal assistance policy?
Cover for legal assistance differs from one service provider to another. The amount of cover is determined by your premium and the terms and conditions associated with that premium.
What does legal advice and assistance consist of?
Service Providers offer different legal benefits or refer to them using different terms. Be sure to familiarise yourself with the terms and conditions of your legal assist cover policy.   Subject to the terms and conditions and exclusions of the plan, you, your spouse and your dependent children can be assisted with civil, criminal, labour and administrative matters.
What does it mean when my policy refers to 'basic benefit'?
The basic benefit is dependent on the plan you choose, which would either have enhanced benefits added to some of the plans.  But the basic benefit, from commencement date, entitles the member to free legal and sometimes labour advice for the full term of membership on any private or personal legal and sometimes labour matters, irrespective whether the cause of action arose before or after joining the service provider.
What does it mean when my policy refers to 'mediation benefit'?
The Mediation Benefit entitles the member to free informal mediation and assistance for the full term of membership on any private legal matter that arose after the commencement date.
What does it mean when my policy refers to 'litigation benefit'?
The Litigation Benefit provides cover when a member is involved in any court proceeding or other forum, whether of a criminal, civil or labour nature, and physical representation is required (subject to the policy terms and conditions).
What kind of matters does legal assist cover?
Legal assistance covers all kinds of personal legal matters namely: Civil matters, Criminal matters, and Labour related matters.
What is a Civil Law?
Civil law is the branch of law dealing with disputes between individuals or organisations in which compensation may be awarded to the successful party. Some matters can include contractual disputes, divorces, child maintenance, estate distribution, injury cases, blacklisting, and credit bureau matters.
What is Criminal Law?
Civil law is the branch of law dealing with disputes between individuals or organisations in which compensation may be awarded to the successful party. Some matters can include contractual disputes, divorces, child maintenance, estate distribution, injury cases, blacklisting, and credit bureau matters.
What do I do if I get arrested?
Cooperate with the South African Police Service (SAPS). This will increase the chances of being released on Police Bail, and not spending up to 48 hours (as allowed by the Criminal Procedure Act, Act 51 of 1977) in the Police cells before appearing in Court.  Do not admit guilt. Anything you say will be used against you at the Trial proceedings. You must however furnish the police with your personal details and physical address. Listen to the charges and rights explained to you whilst being booked into the cells.  Obtain the details of the Investigating Officer or a person authorized to grant police bail. Contact an attorney so that an attempt can be made to arrange police bail; alternatively arrange for you to appear before Court the same day that you are arrested, or if arrested after-hours, on the next Court day.
What constitutes as a labour related matter?
A labour related matter includes employment related matters, labour laws, employment contracts, labour disputes, unfair dismissal, retrenchment, CCMA conciliation and arbitration, and strike action.
What is the CCMA?
The Commission for Conciliation, Mediation and Arbitration (CCMA) is a dispute resolution body established in terms of the Labour Relations Act, 66 of 1995 (LRA). It is an independent body, does not belong to and is not controlled by any political party, trade union or business.
I need a lawyer, what do I do?
Contact your service provider who is providing you with legal assist cover. The service provider will follow the necessary steps to provide you with the adequate legal assistance.

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