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)