Category Archives: Schnetler’s internal news

WHAT MAKES ANNERINE TICK?

14311251_1831191280448809_8913264364133753815_o-2Annerine du Plessis is one of Schnetler’s Litigation Attorneys, who also heads-up the Litigation Department. Annerine has been part of the Schnetler’s team for the past 4 years. She has taken a fledgling department and grown it into a very busy and ever-expanding division of the firm. As the saying goes, never judge a book by its cover – she may be young, but she knows her stuff!

I sat down with Annerine, armed with a list of questions aimed at allowing us to discover a little more about who Annerine is.

Where did you grow up and attend school, and thereafter university?

I grew up in the Northern Cape, and attended high school in a small town named Groblershoop, which is near to Upington. After matriculating, I packed my bags and set out for the Western Cape to become a Matie. I still miss those care-free days!

What or who influenced you in your decision to become an attorney?

My late father was a Magistrate, and I used to love sitting in his courtroom during school and varsity holidays listening to trials. My mother always says that I love arguing and fighting for a cause, so I suppose for me, law was the obvious career choice!

For how long have you been practising as an attorney?

After completing my two years of articles, I was admitted as an attorney of the High Court, and have now been practising as an attorney since 2010.

What part of your work is the most interesting to you and brings you the most satisfaction?

I am a very inquisitive person by nature, and in my line of work I learn something new every day. When I am confronted with a legal matter or question, I always start off by dissecting the issue/s at hand, carrying out extensive research on the topic if required, and then by evaluating what the possible solutions to the problem may be. Nothing brings me more satisfaction than a client who appreciates my brutal honesty regarding the feasibility of pursuing a matter.

I am sure that many people would agree that the last profession that comes to mind when meeting you is ‘law’. Is there any other profession/field of work that you could have been/are interested in?

I get that a lot! Yes, looks can be deceiving! I have been blessed with a creative and artistic side to my personality. It has always been a dream of mine to have my very own art studio/gallery, combining it with an intimate arts theatre. Let’s say that this is my 20-year goal!

Another great love of mine, is teaching. My dream is to complete my Master’s Degree, and thereafter to lecture at my alma mater.

What do you enjoy doing when you aren’t at the office?

This might sound boring, but I am crazy about sleep! My colleagues will confirm that I religiously have a lunch-time nap in my office. I am the proud mother of a beautiful two-year-old daughter who keeps me busy, and with whom I adore spending time with. I am also a big movie fan!

Compiled by: Laura Ames

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

WHAT’S COOKING AT SCHNETLER’S?

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So we have yet again reached the end of another year! 2016 was filled with its fair share of ups and downs.  Our firm has said goodbye to two of our staff members and welcomed a new one. We have had some personal set-backs, have reached successes and learned from our failures, but together we are a stronger team.  The Schnetler’s staff have been working very hard this year to live up to our motto of excellence personified and we are proud of each and every one of them.

On Friday, 25 November we combined our year-end function with some team building and we all spent time together at Giggling Gourmet in Green Point where we were tasked with cooking interesting dishes which at the end made up our fabulous feast. The MasterChef potential was certainly not lacking and we had a couple of good laughs at ourselves –  who would have thought that attorneys can shine in the kitchen! Visit our Facebook page to see some more fun photos taken on the day.

In this last newsletter article of the year we would like to thank all our clients for making 2016 a most interesting one. The Schnetler’s team wishes you all a Merry Christmas and prosperous New Year!

Compiled by: Annerine du Plessis

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

GETTING TO KNOW OUR DIRECTOR, DAVID

a1_aI sat down with David Artlett, our firm’s only male attorney, in order to delve a little deeper into who David is and what makes him tick.

In addition to being a conveyancer and Notary, David is one of the directors of Schnetler’s Inc. David boasts more than 4 decades of experience in the area of property law and, more particularly, in conveyancing. It is safe to say that David is somewhat of an authority in this field of law!

Here is what David had to say during our sit-down:

Where did you grow up and attend school, and thereafter university?

I am a Southern Suburbs boy, as for most of my life I lived in our family home in Newlands. I attended SACS for my entire school career, and then proceeded to study law at UCT. At the time, the Law Faculty was in Cape Town and not at the main campus.

What do you enjoy doing when you aren’t at the office?

I am a sports enthusiast – I’m a particularly keen rugby and cricket fan. I played both sports at school and at club level. When I grew too old to participate actively, I took up road running to keep myself fit. From small beginnings, I went on to complete 10 Two Oceans Marathons.

Why did you decide to become an Attorney, and thereafter, a Conveyancer and Notary?

When I left school, I had no idea what career I wished to follow. Courtesy of the tax-pages, I had a ‘gap year’ completing my compulsory military service. During the three months between matriculating and commencing my service, I worked for a Building Society (they are all now banks). As luck would have it, I was put into the legal department and had a lot of contact with the society’s lawyers, and decided that this was the career for me.

How long have you been practising in the legal world for?

I was admitted as an Attorney and Conveyancer at the beginning of 1974 – so that makes it 42 years! A year or two after my admission, I also qualified as a Notary Public.

What about your job do you enjoy the most?

I think that the word ‘practice’ is very appropriate, because that is what we are doing. You never stop learning and coming across something new or different in this game. If you think you know it all, just wait and see what tomorrow brings.

Is there any other profession that you think would have been interesting to pursue?

I could have been an Accountant as I have the required analytical mind; but what I really dream about, is being the Sports Correspondent for a major newspaper. Imagine being present at, and watching all those major cup-finals – and being paid for it! As I said, dream on.

What area of the law is your favourite and the most interesting to you?

I must say conveyancing, as most of my work is in that field. As I mentioned previously, you can never say you know it all. Something new will always pop up and keep you on your toes. That’s what keeps me going.

One thing that can be gathered from my interview with David is that if you are looking to sell a property, Schnetler’s is definitely the firm that you want to handle your transfer!

Next month I will be sitting down with Annerine du Plessis, another attorney at Schnetler’s. Be sure to read our November newsletter to find out a little about one of our adept litigators!

Compiled by: Laura Ames

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

AN INTERVIEW WITH OUR BELOVED DIRECTOR, BELINDA

For this month’s newsletter article I decided to corner one of our firm’s directors during her busy schedule, to ask her a couple of questions.

Belinda Scholtz is not only a director at Schnetler’s Incorporated, but is also a conveyancing expert and notary. Here is what Belinda had to say during our interview.

Belinda, tell our readers a bit more about yourself – where did you grow up?

I grew up in Sea Point and attended Kings Road Junior & Ellerslie Girls High Schools. I have a passion for the sea, swimming, beaches, walking on the promenade and am a member of the Royal Cape Yacht Club. I enjoy going to the ballet and theatre and am an avid reader. I love to travel and have been to exotic places like China, Hong Kong, Egypt, Morocco, Europe and Vietnam is my next destination. I love animals and have been to Namibia and to the Kruger National Park. I also do ceramics in my spare time.

Why did you decide to become a lawyer?

While in matric my first choice was to be an air hostess as the thought of travel appealed to me. However, my guidance teacher persuaded me not to become a “glorified waitress”. I worked as a conveyancing secretary for 10 years before deciding to study law part-time through Unisa. I decided to become a lawyer as I found law fascinating and very interesting.

Except for being a Director at Schnetler’s, you are also a very busy lady doing Conveyancing. What about Conveyancing do you enjoy most?

Purchasing a property is usually the largest investment that a person will make during their lifetime and I enjoy assisting both buyers and sellers in an endeavour to make the process as smooth and stress-free as possible. I endeavour to provide an excellent service to our clients.

What would you say is the biggest challenge in your working environment?

The sourcing of new clients and working in a very competitive milieu.

If you could choose all over again, would you change anything about your chosen career path?

I would have loved to become a chef. I am currently doing a cooking course at Giggling Gourmet and thoroughly enjoying it.

What advice do you have for young attorneys?

To be dedicated in their chosen field within the law and to be passionate about their job

Look out for my next article when I will be conducting an interview with our male director, Dave Artlett – one of the few thorns amongst the roses at our firm! Until next time.

Compiled by: Annerine du Plessis

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

SELECTIVE ENFORCEMENT OF LEGISLATION BY THE BUREAUCRACY – IS IT PERMISSIBLE?

A2_bWe live in a country where a government agency is frequently, due to inadequate resources, unable to enforce the legislation controlled by it, against those contravening such legislation.

Consequently, many businesses and persons who operate outside the law more or less with impunity. Unlicensed businesses continue to thrive, unlicensed taxi vehicles patrol the streets, rates and taxes are not collected. In short, many transgressors of the law go unpunished, because law enforcement agencies are under-resourced.

So where does that leave the people (sometimes few in number) who are prosecuted, fined or otherwise punished when the bureaucrats who catch up with them? Is it not unfair to enforce the law against some, but not others?

This interesting conundrum faced the Gauteng High Court in the matter of Quick Drink Company (Pty) Ltd & Others v Medicine Control Council & Others. The Medicine Control Council had seized a large consignment of electronic cigarettes imported by Quick Drink, on the grounds that they contained nicotine, a scheduled medicine. The evidence before the court established that electronic cigarettes were widely available in South Africa, and that many other importers and distributors of electronic cigarettes went unpunished. The Medicine Control Council averred that it faced capacity constraints that prevented it from going after others.

The court held that selective enforcement of legislation is constitutional only if it were rational or rationally connected to a legitimate government purpose. If the target of selective enforcement shows, in court proceedings, that it was being treated differently from other identical offenders, the discrimination would be unfair in the absence of proof of rational connection between the targeting and some legitimate government purpose. The failure by the Medical Control Council to explain why it was Quick Drink that was targeted, and not other offenders, was in the court’s view of decisive importance. In giving judgment, the court said the following: “Where resources are limited it may be unreasonable to expect every potential defaulter to face the might of the law. Under such circumstances the law may then be enforced in an unequal and possibly haphazard manner and I cannot imagine that it would be open to someone to challenge such an act of enforcement on that basis alone… It would, however, be a different matter when, beyond being unequally enforced, the law is enforced in a selective manner and where no rational basis for the selectivity exists. Selectivity must be an option open to law-enforcement agencies. There may be many viable reasons why a law is selectively enforced – the selection may enhance the efficacy of the system or the selection may be justified by the availability of resources. Accordingly, even though the concept of selective enforcement may appear to be at odds with the values of equality, there may well be cogent justification for it and it would appear to me that, given that rationality is a part of the rule of law, selective enforcement would pass constitutional muster when it is rational. If this were not the case it would be open to law-enforcement agencies, who carry both enormous power as well as responsibility in applying and enforcing the law, to do so irrationally and to the prejudice of those affected. In this case it would have been known to the first respondent [the Medicine Control Council] that there were many importers, manufacturers, wholesalers and distributors of e-cigarettes in the South African market, most of whom were already doing business in the public retail space. If those businesses represent a group, then it is indeed inexplicable why enforcement was chosen in respect of only one business within that group.”

The court accordingly set aside the seizure of the consignment of e-cigarettes from Quick Drink, pending the outcome of further litigation in which the final review and setting aside of the seizure would be decided.

The case perhaps provides useful grounds upon which businesses and individuals can defend themselves against unequal and irrational treatment by the bureaucracy.

Compiled by: Annerine du Plessis

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted. (E&OE)

SCHNETLER’S GIVES BACK

A1B“Let us sacrifice our today so that our children can have a better tomorrow.”– A. P. J. Abdul Kalam

The Santa Shoebox Project is an initiative of the Kidz2Kidz Trust. The Santa Shoebox Project originated in Cape Town and has grown in leaps and bounds, with the number of Santa Shoeboxes growing from a humble 180 boxes in 2006 to an astounding 109 930 in 2014. The boxes are distributed to more than 1000 recipient facilities.

This year the directors of Schnetler’s vowed to match the number of boxes pledged by the firm’s team. In total, 36 boxes were pledged by us at Schnetler’s. The boxes consisted of educational supplies, toiletries, toys, clothing and the most important item to every child out there – sweets! The boxes were creatively painted and decorated to match the Christmas theme.

We are proud to be part of this fantastic initiative. We truly hope that our spirit of giving is infectious and that all of you give back to your community over the festive season.

Compiled by: Annerine du Plessis

CASUAL DAY FOR A CAUSE

A1BSchnetler’s supported Casual Day on Friday, 04 September by purchasing Casual Day stickers and dressing up according to the theme “Spring into Action”.

The aim of Casual Day is to raise funds as well as awareness of persons with disabilities.We decided to combine Casual Day with Heritage Day and held a braai for the firm on the balcony of our kitchen in the afternoon. Much fun was had by all!

The next charity project that Schnetler’s will be taking part in, in October is the “Santa Shoebox Project”. We hope that you too support this worthy cause and pledge your own box in order to realise this charity’s goal of having 100 000 boxes pledged. This can be done online at www.santashoebox.co.za.

Compiled by Laura Ames

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted. (E&OE)

SCHNETLER’S INC HELD ITS FIRST SEMINAR…

A1,2On Friday, 21 August, we held our first seminar at our offices in Century City. The topic of our seminar was “mediation” which is the latest addition to the vast range of professional services which Schnetler’s has to offer.

A1,1We had as our guest speaker Advocate André Oosthuizen S.C. who has, as well as practising as an advocate for 34 years at the Cape Bar, been involved in many mediations over the past few years.

The subject matter of the seminar opened our guests’ eyes to this brilliant alternative to litigation. The advantages to mediation are countless and far outweigh whatever disadvantages one may uncover.

For a cost-effective & time-efficient dispute resolution, consider negotiation through the process of MEDIATION. Contact our mediator, Annerine Du Plessis, should you wish to resolve a dispute through mediation.

A1,3

Compiled by Laura Ames

HOW WE SPENT OUR 67 MINUTES…

A1_bThe Schnetler’s team dedicated their 67 minutes for Mandela Day on 17 July 2015 by spending some time with the elderly of Huis Uitsig in Parow to cheer up their day!We also packed a small package for each of them, consisting of toiletries, warm socks, beanies and sweets and chocolates. The residents at Huis Uitsig were so pleased and excited to receive their packages from the Schnetler’s team on that rainy and cold Friday morning.  We spent our time handing out the packages to each resident in the Frail Care Unit. We were treated to a ‘thank you’ speech and sing-a-long by the residents as well as a visit with the oldest resident at Huis Uitsig who is101 years old!  Schnetler’s is so pleased that we managed to brighten the day of so many by means of a small donation.

Compiled by Laura Ames

SCHNETLER’S INC. IS “GOING GREEN”

As a law firm, it isn’t difficult to imagine the countless reams of paper which we consume each and every month. As a firm, we have realised that it too is our responsibility to unite our efforts with those of every other person who is consciously striving to erase our carbon footprint which is deeply embedded on our planet Earth.

It is predicted that Cape Town residents generate over 6000 tons of waste PER DAY! In other words, each person (and there are approximately 3,497,097 people in the greater Cape Town area) produces over 1.72 kilograms of waste per day. It is alarming to learn that waste generation in Cape Town escalates at approximately 7% a YEAR!

According to an Environmental Affairs and Tourism media statement issued in 2007, South Africa has set a national target of reducing the amount of waste going to landfills by 70% by 2022, and to minimise and treat the remaining 30%.

Recycling is our solution to this very serious issue, one which affects all of us. Recycling is something everyone can get involved in. Everyone can contribute positively towards ensuring that our planet does not develop into a colossal land fill. By implementing recycling in your everyday life, no matter what your financial position is, you can make a contribution towards living lightly on our planet.

For those who require further encouragement and validation that recycling really can and does make a difference to our environment, as well as to our ordinary lives, can find five reasons why YOU should recycle.

  1. “Recycling saves energy”
    Recycling saves energy for the reason that the manufacturer does not need to create something new from raw, natural resources. By using recycled materials we save on energy consumption, which too keeps production costs down.
  2. “Recycling reduces landfills”
    Recycling reduces the need for more landfills – nobody wants to live next to a landfill!
  3. “Recycling preserves our resources and protects wildlife”
    By recycling, we reduce the need to destroy the habitat of wild animals. Paper recycling alone, saves millions of trees.
  4. “Recycling is good for the economy”
    Recycling and purchasing recycled products creates a greater demand for more recycled goods. Products made from recycled materials use less water, create less pollution and less energy is used in the production thereof.
  5. “Recycling helps our climate problems”
    Recycling produces considerably less carbon dioxide, which reduces the amount of unhealthy greenhouse gas emissions.

The bottom line is that reducing waste means less pollution, fewer raw materials AND a financial saving!

Schnetler’s has become a supporter of Oasis Association, to whom we provide all of our firm’s recyclable goods. Oasis processed over 220 tons of recyclable waste a month during 2007!  This means that Oasis Association saved the City of Cape Town approximately 20 339 cubic metres of landfill. Today Oasis Association recycles over 260 tons of waste a month. We believe that it is EVERBODY’S responsibility and duty to support and make an active effort to save our environment.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.