Marlene Brits Attorneys

We hope your Monday has not been blue so far.

What is happening at our office?

We are currently attending to over 50 Deceased Estate files at our office;

Still attending the Pretoria Deeds Office assisting various firms with lodgement and registration of their deeds;

Attending to a RAF claim;

Lastly, attending to property transfers of properties situated in Pretoria, Johannesburg and King William's Town.

Meet the new addition to the team: Tanya Bezuidenhout.

She is in her third year of studies at Akademia studying towards her LLB Degree.

She assists the director with all files at the office and is luckily for us, detail orientated and focused with previous experience working in law firms.

She is also learning the procedures at the Pretoria Deeds Office.

When she is not studying, she relaxes by horse riding.

Welcome to the team Tanya, we are glad to have you! 😊

Voter's roll is about to close.

Please register/check for the election.

Visit https://registertovote.elections.org.za

If you are celebrating Valentine's Day or even Galentine's Day, we hope you enjoy the day of love. ❤️

P. S: we think everyday should be Valentine's Day. 😉

🎄Please take note of our festive season closure.

We wish you and your family a blessed festive season. 🎄🎅🤶

We rarely ever take leave in a year, so like many others, this is our only time to rest.

Be safe 💐

Well done to our boys! 🏆🥇🎉🎊👏

Nothing like sport to unite a nation. 🏉

Photo credit: Springboks

Even though our offices are situated in Pretoria, we register properties accross South Africa.

A property was registered in the King William's Town Deeds Registry today.

Testimonial from estate agents. 🎊

We would like to thank Khaya Dywanisi Attorneys for assisting us as correspondents.

🗃️Number of files we have attended to in Conveyancing and Deceased Estates.

🏠11 years attending to registrations at the Pretoria Deeds Office on a daily basis.

📁 10 years of experience in the administration of deceased estates.

☎️📲

Please note Attorneys can also not offer free legal advice or render free legal services.

All stakeholders be aware of the relocation of the Pretoria Deeds Registry.

New address: Corner of Lillian Ngoyi and Justice Mohamed Streets, Pretoria Central (Berea Park).

Thank you to each and every person for contributing to our firm.🎊🎉

If you have a dream, do not let it go. No one said it would be easy. Hold on. Keep your eye on the goal.

❗Important case law on cybercrime: Hawarden vs ENS

If you don’t have the time to read Hawarden vs ENS now, the summary is:

1. Purchaser bought property and elected to pay cash instead of guarantees.

2. ENS (the conveyancers) initially sent her the guarantee requirements letter to give to the bank, then after a telephone call provided a second email with proof of their account details.

Both emails were intercepted and the pdf documents changed by a fraudster, resulting in the purchaser ultimately paying R5.5m into the fraudulent account - no funds were recovered from that account.

3. The Court found that the conveyancer was well aware of such fraud taking place and should have warned the client.
Secondly that sending of any emails containing confidential/sensitive information must be password protected.

ENS has to pay the Purchaser back.

Our office is only officially open from 10 January 2023, but we want to wish you a wonderful and prosperous 2023. 🎊🎉

Wishing all clients, colleagues and everyone we know a joyous, festive and merry Christmas.🎅🎄🤶🌲✨

We are closing on 15 December 2022 and re-opening on 10 January 2023.

Thank you for each and every person for your continued support.

May you rest well!😊

Promotional gift items for clients and legal suppliers.

🌍 Keeping it environmentally friendly with reusable shopping bags.

🖋️ Pens, we all need one.😉

And then, waiting for our 2023 calendars designed by the talented Enrico du Plooy

https://www.iol.co.za/personal-finance/financial-planning/banks-also-to-blame-in-deceased-estate-delays-038826d3-dd33-4ec6-82ae-caf8933d20ae

Banks ‘also to blame’ in deceased estate delays The Fiduciary Institute of Southern Africa has called on all banks to investigate why it takes months to provide basic information to executors administering deceased estates.

Happy Diwali to all Hindu clients celebrating the festival of lights ✨

A bittersweet day: celebrating Women's day but we have ongoing femicide and gender based violence. Know the names of the fallen angels. It could be your daughter, sister, mom, niece or grandmother.

Let us raise our future men to protect women. To respect them. Let us not turn a blind eye to the neighbour who is abusing his wife or daughter. To a friend who disrespects his girlfriend. Let us not sit in conversations where a woman is being abused verbally. Let us help girls and women in need.

Gender based violence in South Africa and celebrating women's month:

Given the size of the gender based violence problem (we would rather call it an epidemic) in our country, it is no longer possible to avoid responsibility for reporting s*x crimes.

According to a new legal provision that came into effect on 31 July 2022, in addition to our moral obligation, we all now have a legal duty to report to authorities when we have knowledge, reasonable belief or suspicion that a s*xual offence has been committed against a vulnerable person. It is now a crime not to report such a s*xual offence.

Protect our women, children, the elderly and the vulnerable.

Selling your property?🏘️ Sellers have the right to choose the attorneys who will be attending to the transfer of the property.

The Constitutional Court on Tuesday confirmed a Supreme Court of Appeal (SCA) ruling, which legally recognises Muslim marriages, and declares certain sections of the Marriage Act and Divorce Act unconstitutional.

The Women's Legal Centre Trust approached the Constitutional Court, the highest court in the land, to provide finality on the state's obligation to recognise Muslim marriages, as ordered by the SCA.

On Tuesday, the apex court ruled in favour of the trust.

It said the impugned legislation differentiated between those who marry in terms of the Marriage Act and those who marry according to Muslim rites, especially women.

The ConCourt found that certain sections of the Marriage Act and Divorce Act amounts to discrimination as it fails to recognise Muslim marriages as valid.

The court delivered its judgment on Tuesday, confirming an order of constitutional invalidity.

The case was brought by the Women's Legal Centre Trust.

In a unanimous judgment, penned by Acting Justice P**e Tlaletsi, the court found the differentiation amounted to unfair discrimination because it "deprives Muslim women and their children of the remedies and protections that they would otherwise be afforded if the marriage had been concluded".

*Extract from News24 article.

https://www.news24.com/news24/southafrica/news/concourt-confirms-order-recognising-muslim-marriages-20220628

📢 Groundbreaking case and a win for our animals that cannot speak 👏👏👏

According to Animal Law Reform South Africa (ALRSA) the three elephants are currently being held in conditions unsuited to their basic needs, and they are living in a state of distress at the JHB zoo.

In a ground-breaking case, which is also a South African first, legal remedy is being sought to have these Elephants released to live out the remainder of their lives in a natural environment and where the conditions are more suitable for the innate needs and nature of Elephants.

Media statement regarding the fire incident at the Master PTA.

More backlogs can be expected.

✝️🙏

🖋️💪Wondering how many muscles it takes to execute so many deeds!

We are in the PTA deeds office daily executing deeds and attending to all deeds office related work.

We cannot express our gratitude to each and every person who made this possible! 🎊🎉

https://ewn.co.za/2022/01/31/ramaphosa-signs-into-law-3-anti-gbv-bills-bringing-more-protection-to-victims

Ramaphosa signs into law 3 anti-GBV bills, bringing more protection to victims These new changes will - among others - allow victims to make online protection order applications without being present in court.

🐾 Animal rights activist and Appelant, B. Smuts in the matter won an important appeal case before the Supreme Court of Appeal.

The judgment contains a significant restatement of animal rights and animal welfare as recognised in South African law, and re-affirms the right of freedom of speech for activists.

The appeal judgment was written by Appeal Judge R S Mathopo. Judges Zondi, Plasket, Mbatha and Unterhalter concurred with his judgment.