Stewart Attorneys
PRACTICE AREAS

Court Representation & Legal Disciplines

We appear in High Courts, Regional Magistrate's Courts, and CCMA hearings throughout Durban and KwaZulu-Natal. All matters begin with clear fee estimates and direct attorney access.

family_restroom Family Law

Family & Matrimonial Law

Divorce and custody disputes require calm, firm legal counsel. We draft realistic parenting plans, protect joint assets, and initiate urgent Rule 43 court applications when interim maintenance is refused.

check_circle Contested & Uncontested Divorces
check_circle Rule 43 Urgent Spousal Maintenance
check_circle Parenting Plans & Care Arrangements
check_circle Domestic Violence Protection Orders
check_circle Antenuptial Contracts (with/without accrual)
check_circle Child Maintenance Enforcement

Typical Timeline & Approach

  • Uncontested Divorce: 4 – 8 weeks to Final Decree. Fixed package available.
  • Rule 43 Urgent Application: Interlocutory relief within 30 days for immediate maintenance and legal cost contributions.
  • Protection Orders: Same-day urgent Magistrate Court ex-parte applications.
emergency 24/7 Emergency Defense

Criminal Litigation & 24/7 Bail Defense

Arrest or police detention requires urgent, on-site counsel. Our attorneys attend police stations 24 hours a day across the greater Durban area to handle police bail and formal court bail hearings.

check_circle 24/7 Police Station Attendance
check_circle Section 59 Police Bail Applications
check_circle Section 59A Prosecutor Bail
check_circle Schedule 5 & 6 Formal Court Bail Hearings
check_circle Magistrate & High Court Trial Defense
check_circle Plea & Sentence Negotiations (Section 105A)

Emergency Checklist

If a loved one is detained:

  1. Note the exact police station (SAPS) holding them.
  2. Ask for the Investigating Officer (IO) and CAS / OB number.
  3. Do NOT make statements before our attorney is present.
  4. Call our emergency cell immediately: 071 125 5875.
work Labour & CCMA

Labour Law & CCMA Arbitration

We represent employees and employers in CCMA conciliations, arbitrations, and Labour Court proceedings. We assist with unfair dismissal claims, Section 189 retrenchments, and disciplinary hearings.

check_circle Unfair Dismissal Referrals (LRA 66 of 1995)
check_circle CCMA Conciliation & Arbitration
check_circle Retrenchments & Section 189 Processes
check_circle Chairing Internal Disciplinary Inquiries
check_circle Labour Court Urgent Interdicts
check_circle Executive Employment Contracts & Restraints

CCMA 30-Day Window

Unfair dismissals must strictly be referred to the CCMA or relevant Bargaining Council within 30 calendar days from dismissal. Do not let statutory time limits lapse.

account_balance Estates & Trusts

Deceased Estates & Trusts

We report deceased estates to the Master of the High Court, obtain Letters of Executorship, publish statutory notices, and prepare final Liquidation and Distribution accounts without unnecessary delays.

check_circle Reporting Estates to the Master of the High Court
check_circle Securing Letters of Executorship
check_circle Liquidation and Distribution (L&D) Accounts
check_circle Drafting Wills (Wills Act 7 of 1953)
check_circle Trust Deeds & Beneficiary Protection

Executor Tariff Clarity

Statutory executor fee in South Africa is capped at 3.5% + VAT on gross estate assets. We ensure completely transparent accounting with zero unapproved administrative disbursements.

business_center Company & Commercial

Commercial Contracts, Company Law & Compliance

Led by Director Annette Stewart (former General Manager for RMI for 10 years and 24+ years High Court admitted attorney), our commercial practice assists businesses with binding agreements, shareholder structuring, Consumer Protection Act (CPA) compliance, and high-stakes dispute resolution.

check_circle Commercial Contracts & Service Level Agreements
check_circle Partnership & Shareholder Agreements
check_circle Employee Share Incentive Schemes (ESIS)
check_circle Consumer Protection Act (CPA) Advisory
check_circle Motor Industry & Regulatory Statutory Defense
check_circle High Court & Magistrates Court Commercial Litigation

10-Year Industry Executive Insight

Annette Stewart served a decade as the first female General Manager of the Retail Motor Industry Organisation (RMI). She brings real-world corporate operational leadership to risk governance, enterprise disputes, and supplier negotiations.

edit_document Notarial Deeds & Marriage

Antenuptial Contracts (ANC) & Notarial Deeds

In South Africa, your marital property regime permanently dictates your financial liability, insolvency risk, and estate succession. Under the Matrimonial Property Act 88 of 1984, our Notaries draft, execute, and lodge antenuptial contracts with the Pietermaritzburg Deeds Registry.

check_circle Antenuptial Contract with the Accrual System
check_circle Antenuptial Contract without Accrual
check_circle Protection against Spousal Business Creditors
check_circle Exclusions of Inheritances & Pre-Marital Assets
check_circle Notarial Execution & Deeds Office Registration
check_circle Postnuptial Contract Changes (Section 21 Court Orders)

Critical Timing Rule

The contract MUST be signed before a Notary Public prior to your solemnisation ceremony.

If you marry before signing, you are automatically married In Community of Property. Changing regimes afterwards requires an expensive Section 21 High Court application costing upwards of R25,000.

TRANSPARENT PROCESS

How Your Legal Matter Progresses

From your first instruction to final court order, you are kept informed at every statutory milestone with zero hidden steps.

Step 01

Confidential Intake

FICA verification, comprehensive conflict check, and 45-minute strategic evaluation with Director Annette Stewart or senior litigators.

Step 02

Written Mandate & Tariff

We provide a clear written fee agreement under Section 35 of the Legal Practice Act. You approve all milestones before costs are incurred.

Step 03

Pleadings & e-Filing

Drafting summons, founding affidavits, or CCMA referrals. Electronic CaseLines indexing and formal Sheriff service.

Step 04

Courtroom Advocacy

Fierce representation in the High Court, Magistrate's Court, or CCMA hearing by seasoned trial advocates with 20+ years in practice.

PREPARE FOR YOUR CONSULTATION

What Documents to Bring to Your First Session

Having these core documents ready allows us to give immediate, actionable legal advice from day one.

family_restroom Divorce & Family Matters

  • Original or certified Marriage Certificate
  • Registered Antenuptial Contract (if applicable)
  • Barcoded IDs / Passports of both spouses
  • Birth certificates of all minor children
  • Latest 3 months bank statements & proof of income
  • Schedule of monthly living expenses (for maintenance)

account_balance Deceased Estate Reporting

  • Original Death Certificate issued by Home Affairs
  • Original Last Will & Testament of the deceased
  • Identity document of the deceased and surviving spouse
  • Inventory of all assets (properties, vehicles, bank accounts)
  • Marriage certificate and ANC contract of deceased
  • Names and contact details of all surviving heirs

shield_lock 24/7 Urgent Bail Assistance

  • Name of the SAPS police station where detainee is held
  • Investigating Officer (IO) name & CAS / OB Number
  • Detainee's full legal name & South African ID Number
  • Proof of permanent residential address (FICA utility bill)
  • Confirmation of stable employment (for bail surety)
  • Any chronic medical conditions requiring urgent prescription access

gavel CCMA & Labour Disputes

  • Written letter or notice of dismissal / disciplinary outcome
  • Signed Employment Contract and company code of conduct
  • Last 3 months payslips or proof of monthly remuneration
  • Minutes / recordings of internal disciplinary hearing
  • Record of all correspondence (emails, letters, WhatsApps)
  • Verification that dispute is within the 30-day statutory window
call 031 003 5424 emergency 24/7 Bail Chat calendar_month