Our Areas of Practice

We offer support across a broad range of legal disciplines, guided by experience, integrity and practical insight. Each matter is approached with careful attention to detail to ensure clients receive reliable and effective legal representation. Below is an overview of the key areas in which our members practise.

Administrative Law

Administrative law regulates the legal relations of government and public authorities with individuals, organisations or other public authorities, with the main objective to protect the interest of these entities in their interaction with government. Administrative law is predominantly governed by the Promotion of Administrative Justice Act, 2000.

Arbitration & Mediation

Arbitration and mediation are procedures whereby the parties agree to private dispute resolution as opposed to going to court. Arbitration is very similar to court proceedings, and arbitrators hear the dispute in a manner that can be compared to a trial. It is mainly regulated by the Arbitration Act, 1965.

Mediation is a more informal procedure whereby the dispute is settled with the assistance of a neutral third party and only resolved when all parties agree. The Court-Annexed Mediation Rules makes provision for the referral of disputes for mediation at any stage during civil proceedings, provided that judgment has not been delivered by the Presiding Officer.

Banking & Financial Services

South Africa has a well-established banking regulatory framework. Banks and financial institutions are, inter alia, regulated by the South African Reserve Bank Act, 1989, the Banks Act, 1990, the Financial Intelligence Centre Act, 2001, the Financial Sector Regulation Act, No. 9 of 2017 and the Financial Advisory and Intermediary Services Act, 2002.

Black Economic Empowerment

South Africa has a broad-based black economic empowerment (BBBEE) government policy, which aims to advance and enhance the economic transformation and participation of previously disadvantaged individuals. To establish a legislative framework for the implementation of this policy, the Broad-Based Black Economic Empowerment Act was promulgated in 2003.

Competition Law

Competition can be described as, “the efforts of two or more parties to achieve profits by securing the business of a third party through the most favourable terms, aligned to fair and equitable rules of business practice.” Competition is regulated by the Competition Act, 1998 and seeks to promote and maintain competition and to make for equal opportunity to fairly participate in the economy.

Constitutional Law

A constitution is a body of rules governing the affairs of an organized group. A parliament, a church congregation, a social club, or a trade union may operate under the terms of a formal written document labeled a constitution. Constitutional law is the rules, doctrines, and practices that govern the operation of political communities or states. It defines the structure of government and seeks to protect certain fundamental rights of the individual. South African Constitutional law is governed by the Constitution of the Republic of South Africa, 1996

Consumer Protection

Consumer protection law serves to safeguard consumers of goods and services against unfair practices in the marketplace and to promote openness and good business practices between consumers and suppliers. To this end, the National Consumer Protection Act was promulgated on 1 April 2011.

Contract

All agreements are not contracts. A contract creates enforceable obligations. Contracts can be express (written or oral) or tacit. By law certain contracts must be in writing. For a contract to be considered valid and binding there must be ‘consensus ad idem’ (meeting of minds) between the contracting parties, a serious intention for the agreement to result in terms which can be enforced, the parties must have the capacity to contract, the agreement must have certain and definite terms, the necessary formalities must be observed, the agreement must be lawful, the contractual obligations must be possible of performance and the content of the agreement must be certain.

Corporate & Commercial

Corporate or company law serves to govern the formation and operations of companies and their interaction with shareholders, creditors and government. The Companies Act, 2008 seeks to, inter alia, promote compliance with the Bill of Rights, the development of the economy, balance the rights and obligations of shareholders and directors and to provide for efficient rescue and recovery of financially distressed companies. Commercial Law is the body of law which regulates and develops the business world i.e. contracts, companies, partnerships, insolvency, labour law, tax law, shipping law and competition law.

Criminal Law

Crime can be described as, “conduct which common or statutory law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted.” Criminal law is the body of law that defines criminal offenses, regulates the apprehension, charging and trial of suspected persons and fixes penalties and modes of treatment of convicted offenders. It is mostly governed by the Criminal Procedure Act, 1977.

Delict

Delictual law deals with the circumstances in which one person can claim compensation from another for harm that it has suffered or, in other words, ‘wrongful and blameworthy conduct which causes harm to a person’. The classic remedy for a delict is compensation i.e. a claim for damages for the harm caused. If this harm takes the form of patrimonial loss, one uses the Aquilian action, if pain and suffering is associated with bodily injury, a separate action arises, similar to the Aquilian action but of Germanic origin or if the harm takes the form of injury to a personality interest (an iniuria), the claim is made in terms of the actio iniuriarum.

Environmental Law

Environmental law governs how people and businesses interact with the environment, including the fauna and flora and provides guidance for the management of natural resources, such as forests and fisheries. The National Environmental Management Act, 1998 (NEMA) serves to enforce Section 24 of the Constitution, which aims to guarantee a healthy environment for every person, to prohibit the State from infringing the right to environmental protection and to provide guidance for protection against any harmful conduct towards the environment.

Family Law

This field of law defines the rights and responsibilities of all parties involved in families and domestic relationships under a wide spectrum of conditions and scenarios such as marriage and divorce, child custody and adoption and so on. It comprises several acts such as the Matrimonial Property Act, 1984, the Marriages Act, 1961, the Divorce Act, 1979, Recognition of Customary Marriages Act, 1998 and the Civil Union Act, 2006.

Health & Safety

The Occupational Health and Safety Act, 1993 requires the employer to provide and maintain a work environment that is safe and without risk to the health of employees. South Africa is a signatory to the Labour Inspection Convention, 1947 (No.81).

Information Technology

Information technology law is the body of law that regulates the information, communications and technology (ICT) environment. There are a myriad of policies, regulations and laws that govern this area, including the Electronic Communications and Transactions Act, 2002, the State Information Technology Act, 2002 and the Protection of Personal Information Act, 2013.

Insolvency & Business Rescue

Insolvency refers to the situation in which a firm or individual is unable to meet financial obligations to creditors as debts become due. ‘Sequestration’ refers to the bankruptcy of a natural person or a Trust. Once a natural person is sequestrated the Master of the High Court appoints a Trustee who must take control of the assets. Sequestration of a person’s estate results in a change in his status. This means that his contractual capacity and his right to enforce certain claims are diminished. Certain positions and appointments are also forbidden.

‘Liquidation’ refers to the bankruptcy of a company or close corporation and certain other legal entities. The liquidation of a Company / Close Corporation is a legal process whereby the Company and its affairs are placed under the control of a liquidator who must wind up the estate (realize the assets and divide the assets amongst creditors) in accordance with the provisions of the Companies Act.

Business rescue aims to facilitate the rehabilitation of a company that is “financially distressed” by providing for the temporary supervision of the company and management of its affairs by a business rescue practitioner and the development and implementation of a business rescue plan.

These proceedings are generally regulated by the Insolvency Act, 1936 and the Companies Act, 2008.

Insurance Law

Insurance is a contract in which one party agrees to indemnify another against a predefined group of risks, which may include loss, damage or liability stemming from an event, in exchange for a premium. There are a multitude of laws governing the complexities of the insurance environment, which include the regulation of insurance, the content of insurance policies and consumer policies and claims handling, as well as reinsurance to name but a few. Some of these laws are the Insurance Act, 2017, the Long-term Insurance Act, 1998 and the Short-term Insurance Act, 1998.

Intellectual Property

Intellectual property (IP) refers to intangible, novel creations that originate from the human intellect, such as innovations, literary and artistic works and names and symbols used in commerce. In the majority of countries, there are four primary types of IP that are protected by law, namely: patents, trademarks, copyright and trade secrets.

IP is regulated by the Copyright Act, 1978, Patents Act, 1978, Trademarks Act, 1993, Designs Act, 1993 and the Registration of Cinematography Act, 1977.

Labour & Health and Safety

Collective labour law generally serves to govern and mediate the multilateral relationship between workers, employers, trade unions and government, whilst individual labour law serves to protect workers’ rights. There are several laws that regulate these labour-related relationships which include, inter alia, the Labour Relations Act 1995, the Basic Conditions of Employment Act, 1997 and the Occupational Health and Safety Act, 1993.

The Occupational Health and Safety Act, 1993 requires the employer to provide and maintain a work environment that is safe and without risk to the health of employees. South Africa is a signatory to the Labour Inspection Convention, 1947 (No.81).

Land Reform, Restitution & Tenure

The Land Reform Process as outlined in the National Development Plan (NDP) covers three key areas which include: (i) the redistribution of white-owned commercial farmland to the previously disadvantaged, (ii) the restitution of land, and (iii) land tenure reform.

Applicable acts are the Constitution s 25, Deeds Registries Act, Act No. 47 of 1937, State Land Disposal Act, Act No. 48 of 1961, Sectional Titles Act, Act No. 95 of 1986, Land Administration Act, Act No. 2 of 1995, Land Titles Adjustment Act, Act No. 111 of 1993, Spatial Planning and Land Use Management Act, Act No. 16 of 2013, Expropriation Act, Act 63 of 1975, Transformation of Certain Rural Areas Act, Act No. 94 of 1998, Property Valuation Act, Act No. 17 of 2014, Upgrading of Land Tenure Rights Act, Act No. 112 of 1991, Land Reform: Provision of Land and Assistance Act, Act No. 126 of 1993, Restitution of Land Rights Act, Act No. 22 of 1994, Land Reform (Labour Tenants) Act, Act No. 3 of 1996, Communal Property Associations Act, Act No. 28 of 1996, Land Survey Act, Act No. 8 of 1997, Extension of Security of Tenure Act, Act No. 62 of 1997, Distribution and Transfer of Certain State Land Act, Act No. 119 of 1993, Interim Protection of Informal Land Rights Act, Act No. 31 of 1996, Electronic Deeds Registration Systems Act 19 of 2019 and the Expropriation Bill, which failed to pass.

Media, Entertainment & Sport

Media and Entertainment involves media of all different types e.g. TV, film, music, publishing, advertising, internet & news media, etc. It stretches over various legal fields, which include corporate, finance, intellectual property, publicity and privacy. Much of the work of an entertainment law practice is transaction based, i.e. drafting contracts, negotiation and mediation.

Medical Negligence

Medical negligence is a specialised field of delictual law and refers to the conduct of a health / medical practitioner. Negligent conduct is not just limited to doctors, but also applies to nurses, dentists, treatment received at health care facilities and their administration staff.

It includes the failure to make the correct diagnosis, birth injuries and medication errors. Practitioners are judged according to the degree of skill and care that is expected of a reasonable and competent practitioner.

Mining, Minerals & Energy

The SA Mining Industry is predominantly governed by the Mineral and Petroleum Resources Development Act, 2002 (‘MPRDA’) read together with the National Environmental Management Act, 1998 and a host of other legislation. The Minerals Act 50, 1991 regulates the prospecting for and the optimal exploitation, processing and utilization of minerals and the orderly utilization and rehabilitation of the surface of land during and after operations.

The South African energy mix is made up of coal, renewables, gas, hydroelectric and nuclear power. The Integrated Resource Plan 2019 (IRP) sets out the country’s electricity demands, how it is to be addressed and the cost thereof.

Personal Injury & Road Accident Fund

Personal injury is a specialised field of delictual law and comprises, inter alia, motor vehicle accidents (see Road Accident Fund Act, 1996), slip and fall incidents, train accidents and injuries caused by animals.

Property Law

Property law deals with the right of use, control and disposition which one may lawfully exercise over things, objects, or land. Immovable or fixed property includes land and things permanently attached to the land as opposed to personal property. Applicable acts are, inter alia, Alienation of Land Act, 1981, Formalities in Respect of Leases of Land Act, 1969, Restitution of Land Rights Act, 1994 and the Development Trust and Land Act, 1936.

Tax Law

South Africa has a residence-based income tax system which has the effect that a resident’s worldwide taxable income is subject to income tax in South Africa and a non-resident’s taxable income from sources within South Africa is subject to tax in South Africa. Government has entered into tax treaties with various countries, to prevent the same income from being taxed in both countries. Should the same income be taxed in both countries, a credit will generally be allowed in the country of residence.

Trusts & Wills

The law of succession prescribes the rules which determine the devolution of a person’s estate after his death, and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased’s estate, the extent of the benefits they are to receive, and determines the different rights and duties that beneficiaries and creditors may have in a deceased’s estate.

The manner in which assets are distributed depends on whether the deceased has left a valid will, which will be subject to the Wills Act, 1953, or has died intestate. In the event of intestacy, the assets are distributed to the heirs in the order of preference stipulated by the Intestate Succession Act, 1987.

The Trust Property Control Act, 1988 forms the framework in which trusts operate. All decisions and actions taken by the trustees must be made with reference to the trust deed and the Act.

A testamentary trust is created by a will and arises after the death of the founder. An inter vivos trust is created during the founder’s lifetime by a trust instrument.

Trustees thus have a fiduciary duty to manage the trust to the benefit of the beneficiaries of the trust. They regularly account for trust income and expenditures. A court can remove a trustee who breaches their fiduciary duty.

Water Law

This area of law deals with the ownership, control and use of water as a resource. It’s mostly governed by the National Water Act 36 of 1998, which also addresses government’s responsibility towards the equitable allocation and use of the scarce and unevenly distributed water resources of our nation.

Articles & Media

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