Clifford Eardly Mosdell
Partner

Cliff practices mainly at our Knysna office and attends to commercial and litigation matters.

He was admitted to practice as an attorney, a notary and a conveyancer in 1963 after obtaining a Dip Iuris from the University of the Orange Free State.

Perino Pama
Partner

Perino practices mainly in Plettenberg Bay.

He holds the degrees BA, LLB and LLM (Masters in Public Law) (UCT).

He was admitted to practice in April 1992. He was employed by Hofmeyr Herbstein & Gihwala in Cape Town as a Professional Assistant until October 1993.

Perino Pama spcialises in Commercial Law, Civil Litigation (Magistrate and High Court), Local Government, Labour, Road Accident Fund, Estates and Trusts.

He is the Vice-President of the Cape Law Society (which regulates three Cape Provinces). He is also a member of their disciplinary committee. He was admitted as a Notary in April 2007 and was admitted as a solicitor for England and Wales on 1 February 2010 (non-practising).

Andrew J Cox
Partner

Andrew holds the degrees of BA and LLB (UCT) and practices in our Plettenberg Bay branch.

He served articles with DG Sonderup & Co in Johannesburg and was admitted to practice in 1992. He practiced for his own account in Belville, Cape Town until he joined us in 1999.

He is an admitted conveyancer.

Andrew is a general practitioner who concentrates on general property and commercial matters.

Emile Schmidt
Partner

Emile holds the degrees BA LLB (University of Stellenbosch) (UCT) and works in the Knysna office.

He worked as a Public Prosecutor between December 1988 and April 1990.

He served articles at Loots, Steenkamp Attorneys in Pietermaritzburg, Kwa-Zulu Natal and was admitted to practice in 1992.

He remained with Loots Steenkamp attorneys as a Professional Assistant until 1994. He practiced for his own account as Emile Schmidt Attorneys in Pietermaritzburg between October 1994 and 1998. In January 1999 he joined the Motor Vehicle Accident Fund in Botswana after which he joined Minchin & Kelly Attorneys.

Emile Schmidt specialises in Civil Litigation (Magistrate and High Court) as well as MVA matters.

Melony Anne Paulsen
Partner

Melony holds the degree LLB(UPE) and practices at the Plettenberg Bay office.

Melony was born in Plettenberg Bay and attended Plett Secondary School in 2000. She graduated from UPE in 2000 and was admitted in August 2003.

She attends to the Bitou Municipality’s Collections and Conveyancing matters and in addition focuses on Criminal, High Court and Magistrate’s court matters and estates.

Melony is experienced in chairing disciplinary hearings and she was admitted as a conveyancer in September 2008.

Yogesh Pama
Consultant

Yogesh Pama, B Iuris, Attorney, Notary and Conveyancer has been in practising since 1964.

Yogesh Pama specialises in Conveyancing and Matrimonial matters at our Knynsa branch.

Ed Harris
Consultant

Ed Harris holds the degrees of BA LLB (Rhodes).

He is an attorney, notary, conveyancer and auctioneer and was a partner in the firm of Minchin and Kelly in Mafikeng for 20 years.

He was a founder member of the Law Society of Bophuthatswana in 1986 and served as president from 1989 to 1992.

He moved to Knysna in 1997 and practised in partnership and for his own account until he joined Mosdell Pama and Cox at their Knysna office in October 2009.

He practices mainly in the fields of conveyancing and liquor law.

Elbie Burger
Consultant

Elbie Burger holds the degrees BA LLB (University of Stellenbosch).

She served her articles at C K Friedlander, Shandling & Volks in Cape Town and was admitted to practice in 1992.

She started Burger & Pama Attorneys with her husband, Perino Pama in Knysna in 1993 and commenced practice for her own account as Elbie Burger Attorney in Plettenberg Bay the next year during which time she specialized in matters pertaining to the environment and planning.

She joined Mosdell Pama & Cox as a consultant at their Plettenberg Bay branch in October 2009.

Cindy Allan
Professional Assistant

Cindy Allan is a candidate Attorney who practices at the Plettenberg Bay office.

She has a LLB from the University of Pretoria, where she achieved an average of 70% throughout her studies. She went to school at Afrikaans High School in Sasolburg. She was admitted as an attorney in September 2008.

She was awarded the highest aggregate in the February 2008 Attorneys’ Admission Examination by the Cape Law Society.

Historical overview of our Firm

The firm Mosdell Pama & Cox, as presently constituted, came about as follows:

1. The firm Mosdell Pama & Cox, as presently constituted, came about as follows :

1.1. Perino Pama and his wife Elbie Burger, both of whom are attorneys, established a law firm in 1993 and commenced practicing as Burger & Pama in Woodmill Lane, Knysna;

1.2. shortly thereafter, Cliff Mosdell and Sue Mosdell, both of whom are also attorneys, moved to Knysna and established the law firm Mosdell & Mosdell in March 1994;

1.3. during October 1994, the practices of Burger & Pama and Mosdell & Mosdell amalgamated to form the firm Mosdell & Pama. Elbie Pama (previously Burger) set up her own firm to be known as Burger and Associates;

1.4. on 1 January 1999, the firm opened a branch in Plettenberg Bay to service their Plettenberg Bay clients, which was run by Andrew Cox;

1.5. on 1 September 1999, Andy Cox was appointed as a partner situated in the Plettenberg Bay branch. The firm was renamed Mosdell, Pama & Cox in late 2001;

1.6. in March 2003, Perino Pama relocated to the Plettenberg Bay office and in July 2003, Emile Schmidt was appointed as a partner in the Knysna practice and in 2007, Melony Paulsen was appointed as a partner in the Plettenberg Bay practice.

2. Each of these amalgamations were motivated primarily by the growth which took place in the various firms involved, the need to rationalise and share resources and, above all, the need for the individual practitioners to each be able to specialise in their own fields of expertise so that none would be required to be a “jack of all trades”.

The practice now consists of five partners, namely Cliff Mosdell, Perino Pama, Andrew Cox, Emile Schmidt and Melony Paulsen who are assisted by consultants, Yogesh Pama Yogesh Pama Elbie Burger, Ed Harris and Louis Nel and Professional assistant Cindy Allan.

About Fractional Property Ownership

Richard Santulli, founder of US Company, Netjets is accredited with the idea. It made no sense to own a business jet on your own if you were not going to use it all the time. It was more sensible to own it together with co-owners who shared the time that the jet was used and the expenses. Warren Buffet eventually bought out the company.

In South Africa, fractional property ownership has become an attractive proposition in the real estate industry.

To give a simple example, if you live in Johannesburg and you own a holiday house in Plettenberg Bay which you only use for three weeks in the year, why not sell “fractions” in the house? In this way, for example, four people could own the house and each co-owner would own a quarter undivided share in the property.The four co-owners would then agree to share expenses. Each co-owner’s share would be registered in the deeds office and would receive a title deed. Each co-owner would enter into a use and occupation agreement which regulated their rights and obligations (the essential terms of an use and occupation agreement and other written agreements are set out in the folder marked “legal agreements”).

Internationally fractional property has become common practice in America and Europe and it is common practice to also obtain finance for fractional shares.There clearly is a huge market demand for fractional property in South Africa as is evident from the various advertisements marketing fractional property.



For a more in-depth discussion on Fractional Property please review our partner site.

Property Tax Gap Widens - Extended to Trusts

The draft Tax Legislation (Tax Relief for the Transfer of Residential Property out of Companies and CCs) has been extended to include properties held in trusts.

We will give you full details if and when the legislation is approved and promulgated - in which event it will apply retrospectively to 11 February 2009.

We recommend that you take advice if you intend to sell residential property held in a Company, CC or Trust in the interim.

Investors: SA Patents Launched into Cyberspace

Inventors take note: CIPRO's new Electronic Patent Database has just been launched. Go to the Public Patent search site to view all South African patents for the period 1984 to 2005. Other years will be added in phases. You can access the full details and status of each patent through a comprehensive search facility.

Remember, as soon as you have your own bright idea, the number one rule is to keep it secret until you patent it. Don't tell anyone about it, don't put it on the Internet and don't use it until you have obtained legal assistance. You will lose your rights to protect your idea if you don't do this properly. Anyone else exposed to the idea out of neccessity, must first be bound by a full confidentiality agreement, and it is vital that the actual patent be drawn and registered both promptly and correctly.

Buyers Beware - Check Seller's Marital Status Before Buying

Where a couple is married in community of property, assets including including property interests, shares and investments cannot be disposed of by one spouse without the consent of the other.

There's danger there for the buyer, as illustrated in two recent High Court cases, where sales were set aside because the husband in each case had (as a result of breakdown in the marriage), sold property interests at reduced prices to relatives without the wife's knowledge or consent.

Naturally enough, such a disposal will be set aside if the buyer "was aware when entering into the transaction that the husband's disposal of the asset was being effected fraudulently as against the wife".

But what if you buy such a property in the innocent belief that any and all necessary consents are in place? Read more in our Newsletter