HORAK INC CAPE TOWN Attorneys

23/03/2023

contact me via messenger or with a comment below if you would like to visit the BNI Willows Chapter's visitors day on 11 May 2023

22/09/2022

22/09/2022

FRESH FROM THE PRESS: Constitutional Court rules in favour of Landowner in a 14 year battle to evict an illegal occupant after the Cape High Court and the Supreme Court of Appeal would not help him. Some important excerpts from the judgement:-
“a property owner cannot be expected to provide free
housing for the homeless for an indefinite period”

“An unlawful occupier such as Mrs Phillips does not have a
right to refuse to be evicted on the basis that she prefers or wishes to remain in the property that she is occupying unlawfully.”

“The Supreme Court of Appeal failed to balance the rights of both parties”
“A just and equitable order should not be translated to mean that only the rights of the unlawful occupier are given consideration and that those of the property owner should be ignored.”

08/09/2022

gee aandag- wees gereed en herstruktureer u besigheid en boerdery betyds

Probeer om jou eiendom in ’n maatskappy te registreer en jou boerdery in ’n ander maatskappy wat dan net die grond huur om jou besigheid te bedryf, is die raad van mnr. Dawie Roodt, ekonoom van Efficient Wealth, aan boere om die gevaar van onteiening teen te werk.

20/01/2021

The alternative to liquidation - Business Rescue - Did you know that your creditors may not proceed against you while your company is in Business Rescue? This is just one of the many relief measures that business rescue affords a company in distress. Call us if you would like to know more - Horak Inc Attorneys- 021 976 1054

26/11/2020

Justice served is a sweet dish

https://www.dailymaverick.co.za/article/2020-11-25-deadbeat-dad-granny-was-the-true-parent-court-rules-in-r15-million-inheritance-case/?utm_campaign=snd-autopilot&fbclid=IwAR0yv5KS6F90XddzqkSREl_k9tpNoE99We2p9-eJQsajNKI_hDXrWPvjGDQ

The Gauteng High Court has ruled that a grandmother who looked after a child should benefit from the child’s estate. The grandmother will share in the child’s R15-million estate, and not his father.

02/11/2020

If you are a conveyancer you should be VERY WORRIED about this proposed new regulation. (Objections to the Minister can only be lodged until 16/11/20)
Rule 35(a)(ii) of regulations to the new Property Practitioners Act reads as follows:-
35. UNDESIRABLE BUSINESS PRACTICES
a) Pursuant to the provisions of section 63 (1) of the Act, the following business practices are prohibited –
ii) Any arrangement in terms of which any attorney or attorney's practice provides conveyancing services to any parties to a property transaction which has in any way been brokered or arranged either by such attorney or attorneys practice or by any property practitioner in which such attorney or any member of such attorney's practice or any person related to such attorney or member of an attorney's practice has any direct or indirect interest;

12/10/2020

All Conveyancing Attorneys and attorneys who own estate agencies, listen up! The proposed regulation 34(a)(vi) of the Property Practitioners Act states that no Property Practitioner may have a direct or indirect interest in any legal practice that provides conveyancing services to the clients of that property practitioner. This effectively kills all conveyancing work for attorneys who have any interest whatsoever in an estate agency which resorts under the jurisdiction of the Estate Agents Affairs Board (and does not only apply to attorneys who sell properties as attorneys)
Time to act fast ! Time only until 20/11/20 to lodge representations.
http://www.derebus.org.za/another-attack-on-attorneys-by-the-estate-agency-industry/

09/10/2020

Fresh SCA Decision- A claim for benefits from Universal Partnership is a personal right, not a real right and prescribes 3 years after termination of the partnership

01/10/2020

Interesting new judgement fresh off the presses- the surviving life partner of a deceased will be allowed to inherit from him or her if no will is left behind. The Act will still have to be changed first though

’n Geskiedkundige hofuitspraak is Woensdag in die hooggeregshof in Kaapstad gelewer oor heteroseksuele lewensmaats wat nie van mekaar kan erf nie.

01/10/2020

Everything called whisky is not necessarily whisky...
Whisky-flavoured vodka case on the rocks
The Supreme Court has interdicted a company from selling two products which purport to be whisky. It also restrained the company from representing the products as being whisky or whisky-flavoured when they were not, and as having an alcohol content of 43% or higher when they did not. The label of Royal Douglas contained the expressions ‘premium quality’, ‘whisky flavoured’, ‘spirit aperitif’ and ‘double distilled’. The words or expressions ‘premium’, ‘whisky flavoured’, ‘spirit aperitif’ and ‘double distilled’ also appeared on the King Arthur label. The base product was vodka. The Scotch Whisky Association, which took Milestone to court, said Milestone projected an undoubted Scottish provenance for their products, which they misrepresented as Scotch whisky, alternatively whisky. The SCA said tests performed by an expert showed that while the product had the appearance of a whisky and could lead consumers to believe that it was a whisky, its taste had nothing to do with whisky. ‘The first impression on a customer passing through a liquor store is likely to be that each product is a whisky.’ It said the interplay of the other influencing factors, such as the labelling, the alcohol strength of at least 43% and the expressions ‘premium quality’ and ‘double distilled’, all of which were closely associated with whisky, are likely to combine to create the impression that each is a whisky. It said despite the base spirit being vodka, there was no use of any vodka-associated signs or geographical regions traditionally associated with vodka.

MILESTONE BEVERAGE CC                                              FIRST APPELLANT