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.
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.
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.
Areas of Practice
Civil and Criminal Litigation
Commercial and Corporate Law
Personal Injury Claims
Wills and Estate Planning
More and more couples are opting to live together as permanent life partners rather than enter into a formal marriage. The risk for such couples is that whilst our law is steadily (if slowly and cautiously) extending many of the protections of formal marriage to unmarried life partners, that process is not by any means complete yet.
A recent High Court decision, refusing a life partner’s claim for interim maintenance after her relationship broke down, illustrates.
“No alienation of land … shall … be of any force or effect unless it is contained in a deed of alienation signed by the parties thereto or by their agents acting on their written authority.” (Alienation of Land Act)
Ensure that all the important terms of your sale agreement are recorded in writing and signed.
“Citizenship is the gateway through which a number of rights in the Constitution can be accessed. It enables a person to enjoy freedom of movement, freedom of trade, and political representation” (Constitutional Court, quoted in judgment below)
Note: Many South Africans who should be aware of this new development will be overseas and/or may not have heard of the Supreme Court of Appeal decision we discuss below. If you know of any such person, please consider forwarding this to them as soon as possible.
“…data messages or electronic signatures are now recognised in our law as equivalent to a proper basis upon which a written contract can be concluded. Thus, a valid written contract can be concluded electronically.” (Extract from the South African judgment below)
ECTA (the Electronic Communications and Transactions Act) means that you can in many cases create legally binding agreements purely electronically - via email, WhatsApp, social media and the like.
CAN THUMBSUP SEAL A DEAL
BUYING FIRST HOUSE
Few things in life can compare to the joy of finally crossing the threshold of your first home. If you are like most of us, you have been dreaming of this day for years and years – it has finally arrived!
Even if your marriage is collapsing around you, you might be afraid to sue for divorce because you have no money to survive on, plus you know that a hotly contested divorce might take years to finalise while your breadwinner spouse fights you tooth and nail every step of the way.
WHEN CAN A SHOP BE SUED
“… it is by now long established in our law that the owner or other person or entity in control of a shopping mall has a legal duty to take reasonable steps to ensure that its premises are ‘reasonably safe’ for those members of the public who might frequent them … What such steps may be will depend on the circumstances.”
“Whilst the Act no longer uses the term “illegitimate child” this is implied by the reference to so-called children “born out of wedlock” which continues to perpetuate the common law distinction between so-called “legitimate” and “illegitimate” children. This reference is a stark reminder that we, as a nation, are still grappling with outmoded legal terminology which goes to the core of dignity and equality, not only for the child but also the unmarried father, and indeed the unmarried mother as well.”
“… he did not think that he was binding himself 'to all sorts of fine print that I can't even read'.” (Extract from judgment below, describing evidence given by the customer during the trial)
“A journey is like marriage. The certain way to be wrong is to think you control it” (John Steinbeck)
One of the most important decisions you must make before you marry is what “marital regime” (“matrimonial property system”) you want to apply to your marriage.
FIRED FOR A RACIST FACEBOOK POST
“The seriousness and gravity of offences involving racism and racial hatred cannot be over-emphasised. Employers are under a duty to provide a safe working environment and to protect all employees from harm, whether physical or emotional, whether they are black or white. An employer can be held liable for failure to take any action against its employees who are guilty of such conduct. South Africa is a country plagued by a history of racism and violence and social media plays a significant role in the incitement of racial hatred and violence. The power of such posts on social media inciting racial hatred cannot be undermined.”
Expectant parents who lose a pregnancy before 26 weeks (the age set by the Births and Deaths Registration Act (BADRA) in its definition of “still-born”) have until now had no right to bury their foetus, which had to be incinerated as “medical waste”.
Employees in South Africa enjoy strong protections under a raft of laws such as the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA) and the Employment Equity Act (EEA).
“This virus is unprecedented in our lifetime and requires an unprecedented response” (António Guterres, UN Secretary-General)
Most of us will celebrate the day we are offered a COVID-19 vaccination, but here in South Africa as overseas it seems inevitable that a significant number of people will refuse to be vaccinated. The reasons given for this stance have been many and varied, some mainstream and reasonable, others less so.
At Stirk Yazbek Attorneys, we respect your privacy and will protect your personal information. This policy tells you how we, Stirk Yazbek Attorneys, will process and protect your personal information.
In order for us to help you, you will have to share information with us. It is important that you trust us to protect it and keep it confidential.
Note: This is a complex topic and there is no substitute for tailored professional advice. What is set out below is of necessity no more than a simplified summary of some practical highlights.
You and your business are at substantial risk if you aren’t fully compliant with POPIA (the Protection of Personal Information Act) on 1 July 2021.
“Before anything else, preparation is the key to success” (Alexander Graham Bell)
You sell your house, give the signed sale agreement to your attorney, and wait to get paid out as soon as the property is transferred in the Deeds Office. What could possibly go wrong?
“The facts of this case are indeed extraordinary. They are indicative of the need for more to be done at both the workplace and in our communities, in ensuring that employers, employees, and the general populace are sensitised to the realities of this pandemic, and to further reinforce the obligations of employers and employees in the face of, or event of an exposure to COVID-19” (extract from judgment below)