Fanie served as managing director of Millers for 18 years until March 2019, when Salomé van Wyk took over this function.  Fanie still plays an important role in the management of the firm and acts as mentor for Salomé.  He took over the Commercial Department in 2010, after spending 30 years in litigation. While being a litigant, he gained valuable experience in all kinds of litigation, particularly commercial and local government litigation, which proved to be invaluable in running a practice as a commercial lawyer.

Fanie has a keen interest in advising on, as well as the structuring of all kinds of commercial transactions and property developments, which includes the negotiating and drafting of all related documents and agreements. Furthermore, he has represented the firm on an international level during its tenure as a member of the international association of law firms, Legalink, from 2005 to 2012. During this period, he initiated a special interest group for practice management within Legalink, focusing on the issue of practice management internationally.

Fanie also served as chairperson of Circle 4 of the Legal Practice Council for several years and has always been actively involved in the governing bodies and other administrative structures of educational institutions in the Southern Cape. While most commercial agreements are property-related, occasionally the opportunity presents itself to draft and assist with more complex matters, including international transactions. After hours, Fanie explores his interest in computers and model trains and enjoys woodworking in his free time.

Featured Articles - Fanie Botes

The effect of a transfer of a business as a going concern on an employer and an employee

05 July 2022,  Aqeelah PetersenFanie Botes

The phrase “out with the old, in with the new” is not completely true when it comes to the transfer... of a business as a going concern.

READ MORE
2120
Article

So you've been offered a directorship, now what?

14 May 2021,  Albri VogesFanie Botes

With a new adventure ahead, qualities such as ambition, drive, leadership skills, eagerness to learn, creativity, innovation, strategic thinking and... an “eye” for identifying good business opportunities, can complement your new position as a director.

READ MORE
824
Article

How to kick-start your POPIA compliance project

12 November 2020,  Fanie Botes

One often hears business-owners saying that they have not bothered to spend money on becoming POPIA compliant because there have... not yet been any consequences for non-compliance.

READ MORE
751
Article

Selling a business as a going concern - VAT implications

02 May 2019,  Fanie Botes

When disposing of a business, it is normally not done by selling the assets comprising the business, but by selling... the business as a going concern. Merely selling assets would attract VAT at the applicable rate. Selling a business as a going concern on the other hand can be structured in such a way that the transaction, from a VAT point of view, would be zero-rated. Important to note is that it is not an exemption from VAT, but applying VAT at a zero rate.

READ MORE
10347
Article

Cooling-off Rights to Property Transactions

27 March 2019,  Fanie Botes

In terms of section 16(3) of the Consumer Protection Act (the CPA) and section 29A of the Alienation of Land... Act, the cooling-off period is only available in instances of direct marketing, which includes approaching a person either by mail, electronic communication or in person. The consumer has a period of five (5) business days from the date of the conclusion of the agreement or delivery of the goods purchased to cancel the agreement. Written notice must be given to the seller within 5 business days. This is also applicable in respect of the purchase of immovable property.

READ MORE
3309
Article

Invasive Alien Species

28 November 2018,  Fanie Botes

An issue seriously neglected when drafting agreements for the sale of immovable property, is compliance with the legislation pertaining to... alien and invasive species which might be present on the immovable property sold

READ MORE
891
Article

Land Instalment Sale: When does the debt become due and payable

09 June 2017,  Fanie Botes

Agreements of sale of land on instalments are regulated in terms of Chapter 2 of the Alienation of Land Act,... 68 of 1981.  The Act specifically provides in section 20 for the recording of such instalment sale agreements which recording is effected by the Registrar of Deeds for the area in which the property sold, is situated and takes place at the instance of the seller.  

READ MORE
1792
Article

The effect of a transfer of a business as a going concern on an employer and an employee

05 July 2022,  Aqeelah PetersenFanie Botes

The phrase “out with the old, in with the new” is not completely true when it comes to the transfer... of a business as a going concern.

READ MORE
2120
Article

So you've been offered a directorship, now what?

14 May 2021,  Albri VogesFanie Botes

With a new adventure ahead, qualities such as ambition, drive, leadership skills, eagerness to learn, creativity, innovation, strategic thinking and... an “eye” for identifying good business opportunities, can complement your new position as a director.

READ MORE
824
Article

How to kick-start your POPIA compliance project

12 November 2020,  Fanie Botes

One often hears business-owners saying that they have not bothered to spend money on becoming POPIA compliant because there have... not yet been any consequences for non-compliance.

READ MORE
751
Article

Selling a business as a going concern - VAT implications

02 May 2019,  Fanie Botes

When disposing of a business, it is normally not done by selling the assets comprising the business, but by selling... the business as a going concern. Merely selling assets would attract VAT at the applicable rate. Selling a business as a going concern on the other hand can be structured in such a way that the transaction, from a VAT point of view, would be zero-rated. Important to note is that it is not an exemption from VAT, but applying VAT at a zero rate.

READ MORE
10347
Article

Cooling-off Rights to Property Transactions

27 March 2019,  Fanie Botes

In terms of section 16(3) of the Consumer Protection Act (the CPA) and section 29A of the Alienation of Land... Act, the cooling-off period is only available in instances of direct marketing, which includes approaching a person either by mail, electronic communication or in person. The consumer has a period of five (5) business days from the date of the conclusion of the agreement or delivery of the goods purchased to cancel the agreement. Written notice must be given to the seller within 5 business days. This is also applicable in respect of the purchase of immovable property.

READ MORE
3309
Article

Invasive Alien Species

28 November 2018,  Fanie Botes

An issue seriously neglected when drafting agreements for the sale of immovable property, is compliance with the legislation pertaining to... alien and invasive species which might be present on the immovable property sold

READ MORE
891
Article

Land Instalment Sale: When does the debt become due and payable

09 June 2017,  Fanie Botes

Agreements of sale of land on instalments are regulated in terms of Chapter 2 of the Alienation of Land Act,... 68 of 1981.  The Act specifically provides in section 20 for the recording of such instalment sale agreements which recording is effected by the Registrar of Deeds for the area in which the property sold, is situated and takes place at the instance of the seller.  

READ MORE
1792
Article