SERVICES
1. Evictions
We specialize in evictions, residential evictions, farm evictions as well as commercial evictions and assist all owners/landlords and estate agencies in evicting their problem tenants.
We also act on behalf of companies such as Landlord Legal, who in turn provides legal cost protection for Landlords against defaulting tenants.
We are the appointed eviction attorneys who in turn see to it that the eviction process is carried out quickly and professionally.
Please feel free to contact us to discuss the various options and the costs involved.
There are 3 types of evictions:
RESIDENTIAL EVICTIONS:
these evictions are governed by the PIE ACT (Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998)
COMMERCIAL EVICTIONS:
can be issued by way of application or by way of action procedure in terms of a summons.
FARM EVICTIONS:
these evictions are governed by the ESTA ACT (Extension of Security of Tenure Act No. 62 of 1997)
Take notice that a landlord cannot take the law into his/her own hands by switching off the water or electricity supply or locking a tenant out of his/her rental property. This is known as an act of spoliation and in certain instances is also a criminal offence.
* Kindly contact us if you need to evict an unlawful occupier from your property. Take notice that the first telephonic consultation on any eviction matter above is FREE.
2. CURATORSHIP APPLICATIONS
We also specialize in curatorship applications.
There are three types of curators namely:
Curator Ad litem, this curator litigates on behalf of the patient;
Curator Bonis, this curator protects the patient’s financial and proprietary interests;
Curator Personam, this curator sees to the patient’s daily living needs.
In South Africa, the law is clear. When a person is of unsound mind and has diminished mental capacity, old age, dementia or a mental disability the only way to address this mental incapacity is with curatorship. Any Power of Attorney given by a principal to an agent is immediately terminated on the mental incapacity of the said principal who granted the Power of Attorney.
A Curator must be appointed to protect the patient from making decisions that could be to his / her detriment. It is unlawful to act on behalf of a person who has lost mental capacity, only an appointed curator may do so lawfully. As stated, even Powers of Attorneys terminate once the principal has lost mental capacity and hence an application to appoint a curator would be instituted.
3. CRIMINAL LAW
Our Criminal Law department is headed by William Fullard, who is a specialist in this field and works independently as consultant of the firm. William is one of the top criminal defence attorneys in the Western Cape and is currently the appointed attorney for two of the biggest criminal cases that have ever been reported in South Africa.
Our criminal law department is one of only a few firms that offers a 24-hour a day service should you require urgent assistance. You can contact Mr Fullard for any criminal related matter (during office hours at 021 010 0022/after hours at 083 351 6732)
4. FAMILY LAW
Our Family Law Department is headed by Nicole Klein. Nicole specialises in all family law related matters and works independently as a consultant of the firm.
Nicole focuses on divorce, maintenance, care and contact disputes, parenting plans, domestic violence, harassment, adoption and children in need of care and protection.
Nicole also deals with a broad spectrum of civil litigation matters, both in the Magistrate’s courts and the High Courts, including damages claims, contractual disputes, defamation, consumer related matters, and contract drafting. Nicole is also an accredited mediator in both fields of family law and civil litigation.
In addition, Nicole is also equipped to deal with commercial and company law related matters.
5. DEVELOPMENTS AND TRANSFERS
Our Bellville office is headed by Neil Swarts and his team of attorneys and conveyancing secretaries who ensure that all our transfers and developments are handled professionally, speedily and with a personal touch that all our clients are accustomed to.
Current Developments we are involved in, include:
- Spanish Farm Estate, Somerset West
- Plettenberg Bay
6. WILLS AND ESTATES
7. HIGH COURT AND MAGISTRATES COURT LITIGATION
Because of the well-established relationships Gideon Engelbrecht Inc created over the years, Liberty Skyfin approached our firm to be their “in-house” attorneys at their Stellenbosch branch. We grabbed the opportunity with both hands and we have never looked back!
Being a qualified financial advisor himself, Gideon can provide his clients with, not only specialised legal advice but also assist clients with sound financial advice too.
We have a large overseas client base who make use of the fact that we can legally act on their behalf in South Africa, whilst they are abroad and at the same time make sure that their financial interests are managed.
We feel that this is one of many reasons why our firm is set apart from any standard legal firm out there. Please feel free to click on the Liberty (Skyfin) link to learn more about the services that they provide.