Practice Areas

Commercial law describes the body of law which governs and develops the rights, relations, and conduct of parties (both natural and juristic) to commercial transactions. The concept of commercial law traverses all sectors of business and fields of law and it's boundaries are thus not easily defined.

Providing our clients with pragmatic, innovative, and secure solutions, in what can be an uncertain area of the law, forms the foundation of our commercial law practice.

Our team provides advice to a diverse range of domestic and international clients, ranging from large listed and unlisted companies to start-ups. Our clients operate in several sectors of the economy, including construction, information technology, manufacturing, online education, property, financial services and transport.

We ensure that you and your business will be protected and well-informed. We keep up to date with legislative developments and ensure that our know-how reflects best practices. Adam and Kendall consult on queries or concerns related to commercial contracts, from conception and content, to implementation and enforcement.

Our services and expertise include, amongst others:

• Sale and lease agreements;
• Agency, distribution and marketing agreements;
• Service level agreements;
• Franchise agreements;
• Employment agreements;
• Non-disclosure agreements;
• POPIA policies;
• PAIA policies;
• Outsourcing agreements;
• Social media and traditional media service agreement; and
• Software development and framework service agreements.

South African economy contains a number of highly regulated sectors. The regulatory frameworks within these sectors are constantly evolving. We understand that the cost of non-compliance with laws and regulations is increasing.

We have extensive experience in the interpretation and implementation of local regulations, and we are well placed to advise our clients on all aspects of regulatory compliance. Our objective is to assist our clients to understand their responsibilities, manage their risks and develop innovative and effective solutions to their regulatory and compliance issues.

Our regulatory offering includes companies and corporate regulations, public sector procurement regulations, regulation of the professions, tax regulations and municipal by-laws and regulations.

Immovable property can only be transferred by a qualified conveyancer in the Deeds Office. Care and skill in the transfer process are essential to ensure the property is transferred according to the agreement between the parties.

We register transfers of property and attend to all ancillary services, including the following:

• Conveyancing certificates;
• Deeds office searches and information;
• Negotiating and drafting agreements relating to the sale of residential and commercial properties;
• Advising on and drafting commercial and residential leases;
• Registration and cancellation of servitudes;
• Subdivisions and consolidations;
• Opening of sectional title registers and transfer of ownership of sections;
• Miscellaneous applications, consents and endorsements are required in the conveyancing process (including half-share transfers/endorsements, change of name, conversion of closed corporations etc).
  
  
  

The Constitution has affected the practice of administrative law in South Africa. It requires that all legislation must comply with the Bill of Rights, and all administrative action must be lawful, reasonable and fair.

Administrative law regulates the activities of bodies, whether corporate or governmental, that exercise public powers or peforms public functions. The Promotion of Administrative Justice Act ("PAJA"), introduced in 2000, gives effect to the constitutional right to just administrative action by ensuring that administrative actions are lawful, reasonable and fair.

Our services and expertise include:

• Enforcing rights of access to information held by public bodies;
• Advising and representing clients in the public procurement sector;
• Advising and representing clients in proceedings before statutory bodies;
• Conducting administrative reviews and appeal

We specialise in complex, commercial, and regulatory disputes. Our focus is on commercially sensible outcomes. Our experience in litigation, arbitration, conciliation, mediation, negotiation, and settling disputes enables us to support our clients through the entire dispute resolution process. Our clients appreciate our strategic approach to managing litigious matters, our quick turnaround times, and our focus on sensible commercial outcomes.

Our wider expertise includes dispute resolution in relation to:

• Appraisal litigation and shareholder activism;
• Appearances before the Takeover Special Committee;
• Insurance claims;
• Administrative law;
• Tax disputes;
• Defamation, dignity and personality rights litigation;
• Insolvency, liquidation and business rescue;
• Intellectual property litigation, trademark and copyright infringements;
• Particular experience in litigation in the healthcare industry; and
• Property and sectional title disputes