Charles GEEL & Associates

09/07/2021

Charles Geel van Charles Geel en Genote gesels oor skuldberading, en verduidelik hoe die proses werk en hoekom nie almal daarvoor kwalifiseer nie. Luister na hierdie eerste van 3 onderhoude op RSG vir meer inligting:

Charles Geel van Charles Geel en Vennote gesels oor skuldberading, en verduidelik hoe die proses werk en hoekom nie almal daarvoor kwalifiseer nie. Leana Burger, 'n prokureur by Burger Potgieter Prokureurs, gesels oor die moets en die moenie wanneer jy skei, en die stigma wat aan geskeide vroue en e...

04/09/2020

COVID 19 AND BUSINESS INTERRUPTION INSURANCE CLAIMS

Legalbrief reports that there are currently approximately 700 pending Court Actions against various Insurance Companies following claims instituted by amongst others the Hospitality group Ma-Afrika Hotels. Café Chameleon which was successful with its claim against Guardrisk in the Western Cape High Court, but the latter then lodged an appeal with the Supreme Court of Appeal (“SCA”) which appeal has been set down for hearing on 16 November 2020.

As judgements by the SCA are binding on all other Divisions of the High Court, the outcome of the appeal, will determine the course of similar future claims. If in favour of Café Chameleon, it could have a serious impact on the Insurance Industry.

It is expected that our Courts may be inundated with Covid-19 related actions and defences in the months to come.

26/01/2019

EVICTION: WATCH OUT FOR HUMBLE “PIE” or GETTING PIE (EGG) ON YOUR FACE

Another senior colleague and I once, tongue in the cheek, agreed that one way of losing a good client, is to do an application for eviction of a non-paying tenant for such a client. The reason: It is a long drawn-out legal procedure to the frustration of both the client (landlord) and the attorney as the latter must try and explain the delay in eviction to an already out of pocket and frustrated client.

The so-called PIE Act (Prevention if Illegal Eviction Act) remains an anomaly in our Law as it goes against the grain of the Law of Contract, which includes a Lease Agreement between landlord and tenant. However, it has been in operation since 5 June 1998 and is here to stay with more and more recent High Court judgments, making it a more cumbersome- and expensive legal procedure to evict a non-paying tenant.

HOW TO EASE THE PROCESS AND FRUSTRATION

1. Do spend a few Hundred Rands for a correctly drafted lease agreement. Although no lease agreement can circumvent the PIE Act, (‘the Act”) it can assist in further unnecessary delays.

2. Do a thorough credit check on any prospective tenant. You need his/her consent.

3. Do not wait until your tenant is 2 or more payments in arrears before commencing action. There are certain pre-scribed formalities which must be complied with, prior to commencement of the eviction process and the sooner these are put in place the better. It is all about saving as much time as possible albeit within the perimeters of the Act.

4. Be sure to use the services of an Attorney who has experience in such applications. This may not necessarily be the one suggested by your Letting Agent. If the incorrect legal procedures are followed, it will cause further delays.

5. Proper communication from the Attorney in explaining the process, the costs and keeping you apprised of progress is imperative to alleviate some of the frustration. BE AWARE, of the Attorney who “promises” that the eviction can take place within a couple of weeks. He/she obviously has no knowledge of the process.
Charles Geel & Associates regularly and successfully attend to such applications.

For more information call us at 021-851 1544/021-852 7716 or email [email protected]

11/01/2019

CO-HABITATION
Did you know that when you enter into an informal cohabitation relationship, it may have dire consequences? No matter what our believes in respect hereof are, it is a well-known fact that for many people co-habitation has become the preferred option. Depending on the facts and for how long you have been in this relationship, it may be deemed by Law that you have an universal partnership, which means that you are deemed to have been "married" IN Community of Property.

This was the case in a recent Western Cape High Court judgment of J Booysen vs J Stander. The parties lived together for 17 years and the Court found their relationship to be a universal partnership as if they were married IN Community of Property. The assets were therefore to be divided 50/50 subject to a payment to one of the parents.

SOLUTION: ENTER INTO A CO-HABITATION AGREEMENT. For more information contact us at 021-851 1544 or email [email protected]

11/05/2017

08/07/2016

So, does Oscar's sentence fit the crime or is it "shockingly inappropriate" as some have claimed?