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Our Team

Partners Gary Stirk and Matthew Yazbek, with a combined experience of 40 years of legal practice, head up this dynamic law firm established in 2014.

NOTICE: 

STIRK YAZBEK ATTORNEYS confirm that Mr Mark Anthony Yazbek of Yazbeks Attorneys I J A Yazbek & Co. passed away on the 29'" June 2017.


STIRK YAZBEK ATTORNEYS, established on 1 March 2014, includes MR MATTHEW ANTHONY YAZBEK the only surviving "Yazbek" who is a continuing practising Attorney and Conveyancer in East London, Eastern Cape Province.


STIRK YAZBEK ATTORNEYS are totally separate from and not associated with Yazbeks Attorneys, its proprietors, employees or associates in all respects, and have not been so since 1 March 2014.

Services

As predominantly civil law practitioners, our professional staff will be happy to assist in, inter alia, Conveyancing transactions, Property Transfers and land sub-divisions, Debt Recovery, Drafting of Wills, Estates, Personal Injury Claims, Insolvency, Ante-nuptial contracts, Contracts, Commercial and Corporate Law and all general litigation matters.

Archived News & Publications
Contact Us

FOR A FREE CONSULTATION

+27 43 726 8310

18 Vincent Road,

Vincent,

East London

​​

EMAIL

matthew@stirkyazbek.co.za

gary@stirkyazbek.co.za

Areas of Practice


Civil and Criminal Litigation

Commercial Collections

Commercial and Corporate Law​

Conveyancing

Debt Recovery

Family Law

Insolvency Law​​​​​

Personal Injury Claims

Property Transfers

Trusts

Wills and Estate Planning

October 21, 2020

PROPERTY: DON’T PAY DOUBLE COMMISSION!

“… in certain circumstances the principal may be liable to pay commission to both agents where it is impossible to distinguish between the efforts of one agent and another in terms of causality or degrees of causation.” (Extract from judgment below)

October 15, 2020

FRIENDS AND LOVERS:

“Neither a borrower nor a lender be” (Shakespeare)

October 14, 2020

HOME BUSINESSES - IS YOURS LEGAL?

The sharp upsurge in businesses operating remotely as a result of the pandemic lockdowns means a lot more people working from home - most presumably in low-profile home offices, but inevitably some in the form of full-on business activities from home. What effect is that having on the property market?

October 04, 2020

IS YOUR WILL VALID?

“Death knocks at all doors alike” (John Dunton 1692)

September 22, 2020

PROPERTY SUBSIDENCE

“…every landowner has a right to the lateral support and where subsidence or other destabilisation occurs, as a result of excavations on an adjacent property, the owner of the adjacent property will be liable in an action for damages irrespective of whether she was negligent or not.” (Extract from judgment below)

September 16, 2020

LOCKDOWN “ADMISSION OF GUILT” FINES

Breaking any of our lockdown laws can be an expensive business, risking heavy penalties.

September 07, 2020

PANDEMIC AND BUSINESS INTERRUPTION COVER

“…it must be asked whether, but for the Covid-19 outbreak, the interruption or interference to the Applicant's business would have occurred when the Lockdown Regulations were promulgated” (extract from the judgment below)

September 01, 2020

PROPERTY: GREEN SHOOTS, AGENT’S COMMISSION AND FIDELITY FUND CERTIFICATES

“Ninety percent of all millionaires become so through owning real estate. More money has been made in real estate than in all industrial investments combined. The wise young man or wage earner of today invests his money in real estate” (Andrew Carnegie, billionaire industrialist)

August 25, 2020

OPTIONS TO RENEW LEASES

“It is only where the enforcement of a contractual term would be so unfair, unreasonable or unjust so as to be contrary to public policy that a court may refuse to enforce it” (extract from first  judgment below)

August 18, 2020

BUYING A BUSINESS

“The purpose of the legislature in enacting s 34(1) is to protect creditors by preventing traders who are in financial difficulty from disposing of their business assets to third parties who are not liable for the debts of the business, without due advertisement to all the creditors of the business.” (Extract from judgement below)

August 11, 2020

AGMS AND GENERAL MEETINGS ON ZOOM

“O Wonder! ...O Brave New World” (Shakespeare)

August 04, 2020

PROPERTY: DON’T PAY DOUBLE COMMISSION!

“… in certain circumstances the principal may be liable to pay commission to both agents where it is impossible to distinguish between the efforts of one agent and another in terms of causality or degrees of causation.” (Extract from judgment below)

July 19, 2020

POPIA's DEADLINE

At long last the main provisions of POPIA (the Protection of Personal Information Act) have been gazetted, and they will commence on 1 July 2020. That means that the one year transitional period will expire on 30 June 2021.

July 12, 2020

BUSINESS RESCUE

“A stitch in time saves nine” (wise old proverb)

July 06, 2020

Electronic Signatures

“To sign a document means to authenticate that which stands for or is intended to represent the name of the person who is to authenticate” (quoted in the case below)

June 23, 2020

Domestic violence and the Lockdown

“Preamble to the Domestic Violence Act: “To afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide”

June 16, 2020

Directors reckless trading

“Better safe than sorry” (wise old proverb)

June 09, 2020

Credit life insurance

If you are one of the many employees retrenched or put on short pay or unpaid leave as a result of the COVID-19 crisis and lockdown, you will be wondering how to cover the monthly instalments on your mortgage bond and other credit agreements. You have no doubt heard of the “payment holidays” banks are offering, but remember that although these are a lot better than losing your house, car etc, they are no free lunch. Interest and fees will still be building up.

June 03, 2020

Lockdown nuisance Neighbours

“You can be a good neighbour only if you have good neighbours” (Howard E. Koch)

May 19, 2020

PREPARE FOR SPLUMA

Many factors can delay your property transfer, and all of them are likely to cost you.

May 12, 2020

Divorce in time Lockdown

The National Lockdown has thrown together many couples not used to spending “24/7” time in each other’s company. Relationships will have strengthened for many couples, but others will be struggling. The fears, anxieties and money worries now looming over us all certainly won’t haven’t helped.

May 10, 2020

Make sure your Will update

“Death always comes without knocking” (Margaret Atwood)

May 03, 2020

Leases, contracts and COVID-19

The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard.

April 19, 2020

Common law marriage myth

“In our law cohabitation does not have special legal consequences. Generally the proprietary consequences and rights flowing from a marriage are not available to unmarried couples, regardless of the length of their cohabitation” (extract from judgment below)

April 15, 2020

How to stop an Ex-Director from competing

“…the default position is that an executive director or a senior employee may not carry on business activities which fall within the scope of his company’s business during the time when he serves as director or works as employee.  The default position however changes on resignation.” (Extract from judgment below)

April 12, 2020

Your neighbour builds without Plans

"The primary remedy therefore is an order for removal of the structure" (extract from the judgment below)

April 06, 2020

COVID-19 and the SMALL BUSINESS

“The secret of crisis management is not good vs. bad, it’s preventing the bad from getting worse” (Andy Gilman)

March 25, 2020

POPIA's one year deadline

Will the main provisions of POPIA (the Protection of Personal Information Act) really commence on 1 April 2020 as media reports suggest, or is this just another case of Crying Wolf? This time it seems it may be the real thing, with the Information Regulator having formally requested the President to declare the commencement date.

March 19, 2020

Watch what you say on WhatsApp

“Engage brain before hitting send” (Anon)

March 11, 2020

Budget 2020 good news for property buyers and sellers

“To support the property market, the threshold for transfer duties is adjusted” (Finance Minister Tito Mboweni)

March 05, 2020

Running a business in a residential area

“It is unquestionable that an owner of land is not permitted to perform activities which contravene the restrictive title conditions or the zoning restrictions” (extract from judgment below)

February 20, 2020

Report your traffic accident online

Traffic accidents, your fault or not, are traumatic affairs. Even minor dings come with their hassles – panel beaters, tow trucks, shock and recriminations, reams of paperwork, having to get a Crash Report Number for the insurers...

February 18, 2020

Can you sue a bad investment advisor

What's this item about? What makes it interesting? Write a catchy description to grab your audience's attention...

February 13, 2020

Employees your new paternity rights

"People who say they sleep like a baby usually don't have one" (Psychologist Leo J Burke)

February 05, 2020

Does your lease automatically renew

"Close your eyes –

Landlord knocking

On the back door"

(Jack Kerouac; Northport Haiku)

January 23, 2020

January is divorce month

“What’s the only thing divorce proves? Whose mother was right in the first place” (Anon)

January 15, 2020

Your written contract should cover everything

Here’s another warning from our courts to make sure that all your contracts are properly drawn to reflect both accurately and fully what you have agreed to.

January 13, 2020

Pay tax on rental income

"Few of us ever test our powers of deduction, except when filling out an income tax form" (Laurence J. Peter of The Peter Principle)

January 07, 2020

Before you start a small business in 2020

You and your fantastic business idea can’t wait to chuck up the 9 to 5 job and launch your own new venture. 2020 here we come! But is this the right time to do it?

December 22, 2019

PROPERTY OWNERS, BUYERS AND AGENTS: LOST TITLE DEEDS AND BONDS – DON'T DELAY!

“He who hesitates is lost” (Wise old proverb)

December 16, 2019

ALL COMPANIES: PREPARE FOR THE MANDATORY NEW CIPC COMPLIANCE CHECKLIST

The CIPC (Companies and Intellectual Property Commission) has announced that its new “compliance checklist” requirement, voluntary until now, becomes mandatory for all companies and close corporations from 1 January 2020.

December 10, 2019

VISITING SOUTH AFRICA WITH KIDS JUST BECAME EASIER – HERE’S WHAT YOU NEED TO KNOW

“We're all going on a summer holiday…” (Cliff Richard)

December 04, 2019

PROPERTY SALES AND TRUSTS: DEMAND PROOF OF TRUSTEE AUTHORITY

"If you want to make your house easy to sell, make it easy to buy" (Anon)

November 21, 2019

IT PAYS TO REPORT CRIME! FIRST OFFENDER’S 20 YEARS IN PRISON CONFIRMED FOR R4.9M FRAUD

“The scourge of white collar crime, especially fraud, is currently the order of the day in our country. Fraud is a cancer that is crippling our country from the core and takes away from the poorest of the poor” (extract from judgment below)

November 17, 2019

EMPLOYEES ON PROBATION: CAN YOU DISMISS FOR POOR PERFORMANCE?

“… arbitrators should hesitate to interfere with employer’s decisions on whether probationary employees have attained the required performance standard, or with the standards themselves” (extract from judgment below)

November 10, 2019

ABOUT TO MARRY? DON’T FORGET YOUR ANC AND THE 3 TYPES OF MARRIAGE

“And she's got brains enough for two, which is the exact quantity the girl who marries you will need” (P.G. Wodehouse)

November 03, 2019

“SELLER’S REMORSE” AND “SUBJECT TO SALE OF THE BUYER’S PROPERTY” – CAN THEY SINK THE SALE?

“If you don't like where you are, move. You are not a tree” (Jim Rohn)

October 27, 2019

HOW COURTS SORT FACT FROM FICTION - A TALE OF JAGS, DECEPTION AND DAMAGES

“Truth will out” (Shakespeare)

October 17, 2019

SECURITY COMPLEXES AND FIBRE

“Reliable electronic communications go beyond just benefiting the commercial interest of licensees to the detriment of ownership of property. The statute [Electronic Communications Act] is designed to avoid this no-winner conflict. What it seeks is to bring our country to the edge of social and economic development for rural and urban residents in a world in which technology is so obviously linked to progress.” (Extract from Constitutional Court decision quoted in the judgment below)

October 09, 2019

DEMENTIA AND INCAPACITY

“The number of cases of dementia is estimated to almost triple by 2050” (World Health Organisation)

October 03, 2019

LANDLORD VS TENANT

“…the Act is consumer-protection legislation designed to offer protection against incompetent builders and the construction of homes having structural defects” (extract from judgment below)

September 24, 2019

HOME BUILDERS MUST REGISTER WITH NHB

What's this item about? What makes it interesting? Write a catchy description to grab your audience's attention...

September 17, 2019

WHAT IS POOR WORK PERFORMANCE

“…the employer has a duty to investigate all possible alternatives short of dismissal, and this duty accords with the onus of proving the fairness of the dismissal” (extract from judgment below)

September 10, 2019

PROPERTY: ARE VERBAL CONTRACTS VALID

“A verbal contract isn't worth the paper it's written on” (Samuel Goldwyn)

September 01, 2019

YOUR WILL

“Where there’s a will, I want to be in it” (Anon)

August 14, 2019

Unlawful Occupier

“It is only once the court concludes that there is no defence to the claim for eviction and that it would be just and equitable to grant an eviction order that it is obliged to grant that order” (Extract from judgment below)

August 08, 2019

CAN YOUR BANK TAKE YOUR MONEY WITHOUT PERMISSION?

“A bank is a place that will lend you money if you can prove that you don't need it” (Bob Hope)

August 04, 2019

BEWARE OF PROPERTY CYBER SCAMMERS

“Forewarned is Forearmed!”

(Wise old saying)

July 18, 2019

AIRBNB OWNERS AND BUYERS – SHOULD YOU BE WORRIED ABOUT THE NEW REGULATIONS?

“While travel on our platform accounts for less than 1 in 8 visitors to South Africa, those guests boosted the economy by R8.7 billion and helped create 22,000 jobs last year alone” and “Regulation is a useful and necessary tool of good policy, but policy comes first. Sadly, the current wording of the draft Bill is very vague and unclear. It indicates the creation of specific regulatory approaches without any explanation of what they are trying to encourage or solve.” (Airbnb)

July 14, 2019

EMPLOYERS: WHAT IS YOUR DUTY TO ACCOMMODATE RELIGIOUS BELIEFS?

“The employer has a duty to reasonably accommodate an employee’s religious freedom unless it is impossible to do so without causing itself undue hardship. It is not enough that it may have a legitimate commercial rationale. The duty of reasonable accommodation imposed on the employer is one of modification or adjustment to a job or the working environment that will enable an employee operating under the constraining tenets of her religion to continue to participate or advance in employment” (Extract from judgment below)

July 07, 2019

YOUR LAST WILL: THE DIRE CONSEQUENCES OF NEGLECTING FORMALITIES

“It is not intended for the Court to make a will for the deceased based on what his intentions may have been” (Quoted in the judgment below)

July 03, 2019

PROPERTY TRANSFERS AND TRUST ACCOUNT THEFT: A R720,000 WARNING

“The issue of whether a conveyancing attorney receives the money as the agent of the seller, or of the purchaser, or of both, or as trustee for both to await the event, is a somewhat vexed question … and each case must be considered in the light of its own facts and the particular contractual terms under which the conveyancer received payment” (Extract from judgment below)

June 19, 2019

TAX FREEDOM DAY 2019 HAS ARRIVED!

“Untold Wealth: That which does not appear on income tax returns” (Anonymous)

June 17, 2019

EQUAL PAY FOR EQUAL WORK – CAN YOU DIFFERENTIATE WITHOUT UNFAIRLY DISCRIMINATING?

“Prohibition of unfair discrimination: No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or on any other arbitrary ground” (from the Employment Equity Act)

June 13, 2019

DIRECTORS AT WAR AND THE LIQUIDATION OPTION – A TALE OF SIBLING RIVALRY

“Family quarrels are bitter things. They don't go according to any rules” (F. Scott Fitzgerald)

June 09, 2019

BUSINESS RESCUE: ARE YOUR SURETYSHIPS ENFORCEABLE? A R5.5M LESSON FOR DIRECTORS AND CREDITORS

“Some people use one-half their ingenuity to get into debt, and the other half to avoid paying it” (George Prentice, newspaper editor and author)

June 02, 2019

YOU SIGNED A PROPERTY SALE AGREEMENT, CAN YOU STILL ACCEPT A BETTER OFFER?

You put your property on the market and an acceptable but not-perfect offer comes in. On the “a bird in the hand is worth two in the bush” principle you want to accept the offer even though it’s not ideal.

May 26, 2019

PROPERTY BUYERS: THERE’S A NEW DEDUCTION FROM INTEREST EARNED ON YOUR DEPOSIT

When you buy property, the sale agreement often provides for you to pay a deposit (normally 10% of the sale price) to the conveyancer (the attorney transferring the property into your name), to be kept in trust until transfer.

May 22, 2019

ESTATE AGENTS and FFC

“In short, it [a Fidelity Fund Certificate] is a licence to practice without which you cannot practice.” (Extract from judgment below)

May 16, 2019

EXPATS AND EMPLOYERS

“An income tax form is like a laundry list - either way you lose your shirt” (Comedian Fred Allen)

May 12, 2019

ACCIDENTALLY PAID THE WRONG PERSON

“There’s no such thing as a free lunch” (Economist Milton Friedman)

May 05, 2019

SPEED LIMITS IN SECURITY ESTATES

“When the [property owners] chose to purchase property within the estate and become members of the Association, they agreed to be bound by its rules” (extract from judgment below)

April 21, 2019

SMALL CLAIMS COURTS

The monetary jurisdiction of Small Claims Courts has been increased from R15,000 to R20,000 from 1 April 2019. 

April 15, 2019

LOSING YOUR LICENCE WITH AARTO DEMERITS

“The one thing that unites all human beings, regardless of age, gender, religion, economic status, or ethnic background, is that, deep down inside, we all believe that we are above-average drivers” (humourist Dave Barry) 

April 09, 2019

NEIGHBOURS BUILDING

“You can be a good neighbour only if you have good neighbours” (Howard Koch, “Invasion from Mars” author)

April 02, 2019

YOUR DOG

“Ignorance is Bliss Dangerous” (Internet meme)

March 28, 2019

EMPLOYERS SUE EMPLOYEES

“It is the duty of an employee when rendering his or her services always to act exclusively in the interest of the employer … an employee is not entitled to use his or her employment relationship with the employer without the employer’s permission to make a profit or earn commission for his or her own account” (Extracts from judgment below)

March 24, 2019

TRUSTEES AT WAR

“Animosity and difference of opinion are not sufficient to have a trustee removed from office and/or for the majority of trustees to unilaterally force another to vacate his/her office…” (Extract from judgment below)

March 18, 2019

TRAFFIC FINES AND ADMISSIONS OF GUILT

“We must not make a scarecrow of the law” (Shakespeare)

March 12, 2019

UNLAWFUL OCCUPIERS

“The time of maximum pessimism is the best time to buy, and the time of maximum optimism is the best time to sell” (Sir John Templeton, billionaire investor)

March 04, 2019

BEWARE THE BUILDING DEADLINES WHEN BUYING

Here’s yet another warning from our courts to take seriously the building deadlines commonly imposed on buyers of plots in residential estates. Failure to comply with them could expose you to heavy fines, recurring penalties and even the risk of losing your plot altogether.

February 19, 2019

Buying your First Home

Note: If you earn over R22k p.m. (the subsidy threshold) or aren’t personally in the market for a house in the “affordable housing” bracket, please think of forwarding this article to someone who might be – perhaps a relative, friend, colleague or employee. You could be helping them take that important first step onto the property ladder!

February 14, 2019

Proving your claim in Liquidation

“A small debt produces a debtor; a large one, an enemy” (Publilius Syrus, Roman writer)

February 10, 2019

PARENTS BEHAVING BADLY AT PRIVATE SCHOOLS

“…it can hardly be in the best interests of all concerned for this family to remain at the School” (Extract from judgment below)

February 03, 2019

Property Owners, Buyers and Agents

“Time is of the essence” (legal phrase meaning ‘speed is essential, there's a deadline, this is an emergency, hurry up, do it now’ – The Phrase Finder)

January 27, 2019

Property Developers Beware

“Never take your eyes off the cash flow because it’s the lifeblood of business” (Richard Branson)

January 20, 2019

Victims of corruption take heart

“… it is necessary for an unequivocal message to be sent out that corruption on the part of politicians, especially those holding high office, will not be tolerated and that punishment for those who act as Mr Block has done in this case will be severe” (extract from SCA case below)

January 15, 2019

Beware the building deadlines when buying

Here’s yet another warning from our courts to take seriously the building deadlines commonly imposed on buyers of plots in residential estates. Failure to comply with them could expose you to heavy fines, recurring penalties and even the risk of losing your plot altogether.

January 08, 2019

Paternity Leave Updates

Employers and employees need to know about four new Acts which will usher in important changes to our labour laws.

January 06, 2019

BCMM Municipal Strike

BCMM on strike

December 11, 2018

REPORTING CRIME AND THE DEFAMATION DANGER: LESSONS FROM THE WORKPLACE

Believing someone to be guilty of a crime you call the police and have the suspect arrested, only to have the charges dropped. Can you be sued for defamation?

December 09, 2018

LENDING TO A FRIEND OR SELLING PROPERTY ON CREDIT - MUST YOU REGISTER AS A CREDIT PROVIDER?

“Neither a borrower nor a lender be, for loan oft loses both itself and friend” (Shakespeare)

December 03, 2018

Buying Property this Festive Season

“Don’t wait to buy land, buy land and wait” (Will Rogers

November 26, 2018

BCMM Strike 2018

Buffalo City Metropolitan Municipality has been brought to its knees, as a result of an illegal strike due to disgruntled municipal workers.

November 21, 2018

Travelling Abroad

“Ignorance of the law is no excuse” (old Roman law principle applied in many legal systems worldwide)

November 18, 2018

WHEN IS A DEBTOR INSOLVENT A CASE OF ARREAR MAINTENANCE ILLUSTRATES

 “To my mind the best proof of solvency is that a man should pay his debts” (quoted in the judgment below)

November 12, 2018

It is 13th cheque time, must you pay?

Once again November is upon us, and no doubt employees around the country are starting to dream of all the good things they can do with that “Christmas” bonus coming their way. If you are one of them perhaps you plan to pay off debt or to re-charge the family’s batteries with a special holiday. Or perhaps you just want to reward yourself and your loved ones with a bit of free-spending on a luxury or two to celebrate a special time of year.

November 06, 2018

Can I have pets in a Residential Complex

“I never married because there was no need. I have three pets at home, which answer the same purpose as a husband. I have a dog which growls every morning, a parrot which swears all afternoon, and a cat that comes home late at night” (Marie Corelli, English novelist)

October 24, 2018

What to do when someone dies

The inevitability of death doesn’t detract from the shock and distress that it brings to the grieving survivors, and much as we don’t like to plan for these things it will help at least a little to know what to do in practice after a death.

October 21, 2018

Aging Employees

“Retirement at sixty-five is ridiculous. When I was sixty-five I still had pimples” (Comedian George Burns)

October 17, 2018

Importance of Directors

 “A company must keep minutes of the meetings of the board, and any of its committees…” (Extract from the Companies Act)

October 14, 2018

Dagga just how legal

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October 11, 2018

Selling your house

“Honesty is the best policy” (Benjamin Franklin)

October 08, 2018

You are fired!

You want to charge one of your employees with serious misconduct so you institute disciplinary proceedings. To avoid a possible dismissal the employee resigns “with immediate effect”.

 

Can you go ahead with disciplining the employee? Until recently the answer was no, the Labour Court having decided in such a matter that immediate resignation brings an end to the employment relationship and puts the employee beyond your reach

January 01, 2020

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September 18, 2018

DRUNK DRIVING ARREST

Here’s one more reason to never ever allow yourself or anyone else to drive when over the legal limit (for non-professional drivers, a breath alcohol content of 0.24mg per 1,000ml or a blood alcohol limit of 0.05g per 100ml).

September 11, 2018

BUYING YOUR FIRST HOUSE – AN ACTION PLAN

“Buy land – they’ve stopped making it” (Mark Twain)

September 02, 2018

DO YOU NEED A WILL?

“A man who dies without a will has lawyers for his heirs” (Anon)

August 21, 2018

Creditors Collecting Money

You will know that most debts prescribe (become unclaimable) after 3 years, so as a creditor you need to know exactly when it starts running. From that moment on, the clock is ticking…

August 14, 2018

Property Scams

“Beware the wolf in sheep’s clothing” (Aesop’s Fables)

August 08, 2018

Suing your Security Company

“Somewhat ironically, given the fact that the phrase “not a sausage” is originally derived from the Cockney rhyming slang “sausages and mash” meaning “cash”, they got away with not a sausage from the butchery but a great deal of cash” (extract from judgment below)

August 02, 2018

Body Corporate and Arrears

“…aye, there’s the rub” (Shakespeare)

July 30, 2018

Common Law Myths

“The general rule of our law is that cohabitation does not give rise to special legal consequences, no matter how long the relationship has endured” (From a 2010 High Court judgment and still applicable)

July 26, 2018

Whistleblowers

For many years now the “Whistleblower’s Act” (actually the Protected Disclosures Act or “PDA”) has been providing protection to employees who report unlawful or improper conduct by their employers or fellow employees.

July 22, 2018

Road Rage

“Have you ever noticed that anybody driving slower than you is an idiot, and anyone going faster than you is a maniac?” (Comedian George Carlin)

July 17, 2018

Cancel your Lease early

“There ain’t no such thing as a free lunch” (Wise old adage)

July 08, 2018

HOW TO ESCAPE FROM A PROPERTY SURETYSHIP

“Suretyship is the precursor of ruin” (Thales of Miletus, one of the Seven Sages of Ancient Greece)

July 04, 2018

WHAT HAPPENS WHEN YOU CANCEL A LEASE EARLY

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June 25, 2018

COMMON LAW MYTHS

“The general rule of our law is that cohabitation does not give rise to special legal consequences, no matter how long the relationship has endured” (From a 2010 High Court judgment and still applicable)

June 17, 2018

WHISTLEBLOWERS: WHAT IF YOUR DISCLOSURE IS FACTUALLY WRONG?

For many years now the “Whistleblower’s Act” (actually the Protected Disclosures Act or “PDA”) has been providing protection to employees who report unlawful or improper conduct by their employers or fellow employees. 

June 12, 2018

ROAD RAGE – SUE, AND REPORT IT!

“Have you ever noticed that anybody driving slower than you is an idiot, and anyone going faster than you is a maniac?” (Comedian George Carlin)

May 23, 2018

Bitcoin and the Law

Have you joined, or been tempted to join in, the “Bitcoin frenzy”? If so, read on.

May 16, 2018

LANDLORD V TENANT: CONSIDER THE TRIBUNAL DISPUTE RESOLUTION OPTION

“Agree, for the law is costly” (Marcus Tullius Cicero, Roman lawyer and statesman)

May 06, 2018

FACEBOOK DEFAMATION – THE TRUTH IS NOT ENOUGH!

You are engaged in a bitter dispute – perhaps it’s a fight over money, a family feud or a messy divorce, a disaffected employee or a vengeful neighbour. You decide to resort to Social Media “to tell the truth” about your nemesis. You feel totally safe doing so – after all, our Constitution protects our rights to free speech, the Internet is a bastion of Freedom of Information, nothing said online is “real”, and anyway who can object to you telling the truth? 

April 22, 2018

DO YOU READ ONLINE TERMS AND CONDITIONS? YOU SHOULD AND HERE’S WHY

“The Internet is a Real Place with Real Consequences” (Rebecca MacKinnon, Internet policy expert)

April 12, 2018

FROM THE HORSE’S MOUTH: HOUSE SALES AND THE VAT INCREASE

“If you hear something (straight) from the horse's mouth, you hear it from the person who has direct personal knowledge of it” (Cambridge Dictionary)

April 04, 2018

POPI: AN EXISTING RISK, A RIGHT ROYAL RUCKUS, AND THE EU DEADLINE

When will the enforcement provisions of the Protection of Personal Information Act (“POPI” or “POPIA”) come into effect? Latest indications are that the Information Regulator will announce final Regulations and a commencement date shortly, but there have been so many delays already that we perhaps shouldn’t be holding our breath on that one.

March 23, 2018

Artful Dodgers - Maintenance Defaulters

Obtaining a maintenance order for the support of yourself and/or your children is all very well, but what if you are dealing with an “Artful Dodger” who is determined not to pay you?

March 15, 2018

Problem Animals

R6.75m claimed for a snapped Achilles tendon
A visitor was invited to a farm (roamed by a variety of game including ostrich, giraffe and buck) to assist in capturing wildebeest.

March 08, 2018

Voetstoots and the CPA

Both sellers and buyers (of anything – houses, cars, you name it) need to understand how the CPA (Consumer Protection Act) has impacted on the very common “voetstoots” (“as is”) clause.

March 08, 2018

BCMM Rates Queries

Are your immovable properties the subject of scrutiny by Buffalo City Municipality, following the 2017 general valuation? If so, as a property owner, you will have received a Section 49 Notice by way of mail. Alternatively, you are alerted to the municipal website www.bcmm.evaluations.co.za.

 

Stirk  Yazbek  Attorneys  have received many complaints from property  owners  in respect  of  over-inflated evaluations. We, together with agents and professional assessors, will assist you in objecting. The cut-off date is 26 April 2018. The new valuation roll will take effect from 1 July 2018 and will endure until 30 June 2022. In many instances, we have noticed properties being over-valued by 100% and in some occasions  even 500%. Do not miss your opportunity to object!  

 

Please feel free to contact our offices.

February 28, 2018

Stirk Yazbek 4th Anniversary

Stirk Yazbek celebrates 4 years.

February 26, 2018

Trustees and Personal Liability

“It is well established that contractual provisions are against public policy ‘… if there is a probability that unconscionable, immoral or illegal conduct will result from the implementation of the provisions according to the tenor’” (extract from judgment below)

February 22, 2018

Dont lose your claim

“Ignorantia iuris nocet” (old Roman proverb meaning "Not knowing the law is harmful")

February 15, 2018

Employees beware

“Honesty is the best policy” (Benjamin Franklin)

February 08, 2018

SECURITY ESTATES: ARE YOUR RULES ENFORCEABLE?

“It is well established that contractual provisions are against public policy ‘… if there is a probability that unconscionable, immoral or illegal conduct will result from the implementation of the provisions according to the tenor’” (extract from judgment below)

January 29, 2018

Unregisitered Estate Agent

With media reports suggesting that up to 50,000 agents may be operating without the required Fidelity Fund Certificate (FFC).  The real figure is likely to be a lot less in that many former agents have probably just closed up shop in the last 10 years, but even so there is a chance that the agent who sold or rented out your house for you is (whether inadvertently or by design) unregistered.

January 22, 2018

When Crime doesn't pay - VAT Crimes

“The difference between tax avoidance and tax evasion is the thickness of a prison wall” (Denis Healey)

January 16, 2018

Lights, Camera, Action

Media access to court cases, public right or intrusion.