Francois Van Wyk Attorneys

Francois Van Wyk Attorneys Francois Van Wyk Attorneys Inc. is a multi-faceted law firm based in the heart of the Garden Route District, Mossel Bay. Loyalty. Integrity. Trust.

We deliver a wide range of tailored legal services to clients across the Republic of South Africa.

31/08/2026

70 Years of De Rebus. 70 Years of Informing the Legal Profession.
For seven decades, De Rebus has been a trusted companion to legal practitioners, candidate attorneys, judges, academics and the broader legal community, providing insight, analysis and commentary on the issues shaping the profession.
As we look ahead to celebrating 70 years in circulation, we honour the authors, editors, readers and contributors who have helped make De Rebus an enduring voice in South African law.
Join us as we count down to this significant milestone by reflecting on the stories about the Journal over the past 70 years.

Legislation changes constantly. New acts are passed, existing statutes are updated, and case law sets fresh precedents e...
31/08/2026

Legislation changes constantly. New acts are passed, existing statutes are updated, and case law sets fresh precedents every year. It takes a skilled legal practitioner to stay current with continuous legal updates and know exactly which statutory levers apply to a specific matter — from family law and civil litigation to commercial enterprises. Staying up to date ensures a client's best interests are always protected.

Francois Van Wyk Attorneys
072 876 8476
🌐 www.fvwattorneys.com

The 'Miracle Cure' That Changed Contract Law​Ever heard of a classic "snake oil" (sort of) misleading remedy that actual...
29/08/2026

The 'Miracle Cure' That Changed Contract Law

​Ever heard of a classic "snake oil" (sort of) misleading remedy that actually made legal history?

Back in the 1890s, a UK company created the "Carbolic Smoke Ball"; a rubber ball filled with harsh acid meant to be squeezed up your nose to ward off the flu.

​To boost sales during a massive flu outbreak, the company ran newspaper adverts making a bold promise: they would pay £100 (a huge sum back then) to anyone who used the ball three times a day and still got sick. To prove they were serious, they even stated they had deposited £1,000 in a bank specifically to pay out claims.

​A woman named Louisa Carlill bought the device, used it strictly as directed, and caught the flu regardless. When she asked for her money, the company laughed it off, claiming the advertisement was just empty sales talk ("puffery") and not a real offer.

​Mrs. Carlill took them to court... and won. The judges reasoned and ruled that placing money in a bank proved serious intent, turning a simple advert into a legally binding promise to the public.

​This historic case (Carlill v Carbolic Smoke Ball Co) established a core rule of modern law: if a business makes a clear, specific promise to the public to induce a sale, the law could hold them to it.

Francois Van Wyk Attorneys
072 876 8476
🌐 www.fvwattorneys.com

25/08/2026

In many areas of law, grace is often misunderstood as mere leniency or forgiveness. Systemically, grace is the deliberate legal space created to soften rigid statutory outcomes, protect human vulnerability, and allow room for redemption.

​Legislations weave grace into formal procedures across various areas, i.e.:

⚖️ ​Property & Consumer Rights: Statutory mechanisms (such as the cooling-off window under Section 29A of the Alienation of Land Act or Section 16 of the Consumer Protection Act) serve as legal grace. They provide a mandatory window allowing a party to resile from an agreement without penalty, acknowledging that human beings make impulsive or pressured decisions.

⚖️ ​Criminal Law & Sentencing: In criminal proceedings, mitigation of sentence and petitions for clemency or mercy are pure manifestations of grace. Courts look beyond the offence to the character, circumstances, and rehabilitation potential of the offender before imposing a custodial sentence.

⚖️ ​Law of Delict & Equity: Concepts like ex gratia payments (where a party or insurer pays without admitting legal liability) reflect a voluntary act of grace with no legal expectation of return.

⚖️ ​Insolvency & Debt Restructuring: Statutory rehabilitation and debt-review mechanisms afford a debtor a second chance, balancing strict creditor rights against human dignity.

​Grace ensures that the law remains a tool for justice, balancing strict statutory rules with the reality of human experience.

Francois Van Wyk Attorneys
072 876 8476
🌐 www.fvwattorneys.com

⚖️ Section 45bis(1A)(a) of the Deeds Registries Act: Post-Divorce Endorsement & Costs? ⚖️​Obtaining a decree of divorce ...
25/08/2026

⚖️ Section 45bis(1A)(a) of the Deeds Registries Act: Post-Divorce Endorsement & Costs? ⚖️

​Obtaining a decree of divorce does not automatically transfer sole ownership of immovable property to a former spouse. Section 45bis(1A)(a) provides the specific endorsement procedure required to update the Deeds Office records, creating separate ownership.

⚠️ ​However, the statutory exemption from transfer duty does not make the process 'free' or self-executing.

Conveyancing fees, Deeds Office registration costs, rates or levy clearance certificates, and SARS exemption clearances still apply. Failure to define who handles these administrative steps and who pays the associated costs directly in the settlement agreement routinely leads to post-divorce litigation — often just to compel a former spouse to sign conveyancing documents or contribute to endorsement fees.

​Addressing both the asset split and the specific cost responsibility during divorce negotiations ensures the property transfer is finalized smoothly without additional court intervention.

⚠️ Note, always seek a legal practitioner to consult on tailored case analysis.

Francois Van Wyk Attorneys
072 876 8476
🌐 www.fvwattorneys.com

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Dana Bay, Hartenbos, George (Garden Route)
Mossel Bay

Telephone

+27728768476

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