Wills & Estates
Drafting · Estate administration · TrustsA will is the only reliable way to ensure your assets are distributed according to your wishes after death; without one, your estate is distributed under the Intestate Succession Act 81 of 1987, which may not reflect your intentions. We draft wills, administer deceased estates under the supervision of the Master of the High Court, and advise on living wills and powers of attorney.
Wills Act 7 of 1953Administration of Estates Act 66 of 1965Intestate Succession Act 81 of 1987
Motor Vehicle Accidents & Personal Injury
RAF claims · Negligence · Loss of incomePersonal injury claims from motor vehicle accidents are typically pursued against the Road Accident Fund (RAF). Claims must be submitted on the prescribed RAF form within the statutory prescription period — generally three years from the accident. General damages are only recoverable for "serious injury" as certified under the RAF narrative test; past and future medical expenses and loss of income are recoverable on conventional delictual principles.
Road Accident Fund Act 56 of 1996
Commercial Litigation
Breach of contract · Debt recovery · Shareholder disputesCommercial litigation covers the resolution of business disputes through the civil courts — breach of contract, debt recovery, shareholder and partnership disputes, franchise and distribution disputes, professional negligence, and reviews of administrative decisions under PAJA. Alternative dispute resolution (mediation and arbitration) is increasingly favoured as a faster, more cost-effective route.
Companies Act 71 of 2008Promotion of Administrative Justice Act 3 of 2000Arbitration Act 42 of 1965
Labour Law
CCMA · Unfair dismissal · Restraint of tradeSouth African labour law is governed primarily by the Labour Relations Act 66 of 1995, the Basic Conditions of Employment Act 75 of 1997, and the Employment Equity Act 55 of 1998. Disputes are referred to the CCMA or relevant bargaining council for conciliation and arbitration; reviews go to the Labour Court. We handle unfair dismissal and unfair labour practice disputes, employment contracts, restraint-of-trade enforceability, retrenchments, and disciplinary-code drafting.
Labour Relations Act 66 of 1995Basic Conditions of Employment Act 75 of 1997Employment Equity Act 55 of 1998
Immigration
Work visas · Spousal visas · Permanent residenceSouth African immigration is governed by the Immigration Act 13 of 2002 and, for certain categories, the Citizenship Act 17 of 1995. Common visa categories include visitor's, work (critical skills, general work, intra-company transfer), business, study, relative's, and retirement. Spousal and life-partner visas are available subject to cohabitation periods. Each category has documentary, financial and biometric requirements that must be precisely met.
Immigration Act 13 of 2002Citizenship Act 17 of 1995
Insolvency & Business Rescue
Liquidation · Sequestration · Business rescueInsolvency is governed by the Insolvency Act 24 of 1936 and, for companies, by Chapter 6 of the Companies Act 71 of 2008 (business rescue). Natural persons may apply for voluntary surrender or be placed under compulsory sequestration. Companies may be placed in liquidation or business rescue proceedings, the latter designed to facilitate rehabilitation of a financially distressed company. Insolvency has significant consequences for existing contracts and dispositions.
Insolvency Act 24 of 1936Companies Act 71 of 2008 (Ch. 6)
Restraint of Trade
Enforceability · Drafting · DisputesA restraint-of-trade clause in an employment or sale-of-business agreement is prima facie valid and enforceable in South African law. The courts will, however, refuse to enforce a restraint that is unreasonable — broader than reasonably necessary to protect the employer's proprietary interest (trade secrets, customer connections, confidential information), or contrary to the public interest. Time, geographical and activity limits must be carefully drafted.
Labour Relations Act 66 of 1995Constitution of the Republic of South Africa, 1996
Trademarks & Intellectual Property
Registration · Opposition · InfringementTrademarks in South Africa are registered under the Trademarks Act 194 of 1993 and administered by the Companies and Intellectual Property Commission (CIPC). Registration gives the proprietor the exclusive right to use the mark and to prevent unauthorised use of a confusingly similar mark. A trademark is initially registered for 10 years and can be renewed indefinitely for further 10-year periods. We handle trademark searches, applications, oppositions, infringement and passing-off litigation, and IP licensing.
Trademarks Act 194 of 1993Copyright Act 98 of 1978Patents Act 57 of 1978Designs Act 195 of 1993
Liquor Licences
Applications · Renewals · TransfersLiquor licensing is governed at provincial level (each province has its own liquor Act and liquor board) for retail licences, and at national level by the National Liquor Act 27 of 2003 for manufacturing and distribution. Common categories include micro-manufacture, on-consumption (restaurants, bars, taverns), off-consumption (bottle stores, supermarkets), and special-event licences. Applications require compliance with zoning, town-planning and public-participation requirements; objections are common.
National Liquor Act 27 of 2003Western Cape Liquor Act 4 of 2008