Eugene Harmse Ing.

17/02/2026

25/06/2025

Always verify the bank details of the recipient when making an EFT, especially when if the invoice was received via e-mail. Cybercrime is a reality!

In the recent matter of Intengo Imoto (Pty) Ltd t/a Northcliff Nissan v Zoutpansberg Motor Wholesalers CC t/a Hyundai Louis Trichardt, the Supreme Court of Appeal said the following in regards to payments made by the purchaser into a fraudulent bank account after the invoices was intercepted and changed due to cybercrime:

‘The golden thread in the judgments referred to supra places an obligation on the purchaser to ensure that the bank account details contained in the invoice is in fact correct/verified and that payment is made to the seller and not to an unknown third party. Failure to do so, and where payment is made into an incorrect bank account, such incorrect payment does not extinguish the purchaser’s obligation and liability to pay the debt.’

Remember: The ‘risk is the debtor’s since it is the debtor’s duty to seek out his creditor’!

11/02/2025

We see a lot of enquiries on social media where people ask for an attorney that does not ask for “an arm and a leg” in legal fees. While we can appreciate that high legal fees are a problem for a lot of people, we also need to caution against just selecting the cheapest attorney or entity to handle your divorce. While the most expensive item/service is not always the best and the cheapest not always the worst, there are more factors to consider than just the price tag of legal services.

Although your divorce might not be the “fight of all fights”, it is still a very important event in your life, and more importantly, in the life of your children, whether minors or majors. It is therefor crucial to chose the right attorney and not just the cheapest one available. Find an attorney who will treat both you and your spouse with respect and who considers the welfare of your children as his/her top priority.

Every divorce matter differs, some might be simple and others a lot more technical and difficult, but at its core, the following is what is important in every divorce:
1. Fair and reasonable maintenance for the minor children;
2. Fair and reasonable, as well as practical contact arrangements in regards to the minor children, including a practical and working parental plan;
3. Fair and reasonable maintenance / rehabilitative maintenance for spouses;
4. Fair and reasonable distribution of liability for outstanding debts;
5. Fair and reasonable distribution of the assets, including the pension fund.

Some of the above, might seem simple, but the wording of each needs to be precise and any future complications must be anticipated and addressed. Its better to spent your hard earned money once and get finality on this difficult chapter of your life, than to save money now, only to be back in court in the future, or worse, not having legal certainty about your settlement or court order.

04/07/2023

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28/06/2023

We can help you.

26/06/2023

This is your Monday reminder to get your firearm license.

****ms

22/06/2023

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20/06/2023

Hierdie is die rede waarom dit bitter belangrik is om in jou testament behoorlik voorsiening te maak vir erfporsies aan minderjarige kinders!

“Dit is van kardinale belang dat diegene wat vir hierdie diefstal verantwoordelik is, voor die hof gebring word, en die gesteelde geld teruggekry word om die impak te verminder op die lewens van diegene wat van die Voogdyfonds vir hul finansiële ondersteuning afhanklik is.”

30/05/2023

Happy Tuesday!