Commercial Law

We provide a wide range of commercial legal services (including representation in litigation) to the corporate sector, and our clientele include:

  • Advertising, Marketing & Event Management
  • Advertising and Marketing Agencies
  • Event Management Companies.
  • Internet Marketing Companies.
  • Business & Business Development
  • Chartered Accountants, attorneys, engineers, Medical Practitioners and other professionals.
  • Entrepreneurs and Start-up Businesses.
  • Liquidators / Insolvency Practitioners.
  • Software Development and Licensing Companies.
  • Venture Capital Consultants. – Design & Manufacturing
  • Fashion Retailers.
  • Furniture Design and Manufacturing Companies.
  • Garment Manufacturers; including CMT (cut, make and trim).
  • Interior Design Companies.
  • Media and graphic design houses.
  • Property Development, Insurers, and Management
  • Architects, Engineers, Property Developers.
  • Bespoke Materials Suppliers in the Construction Industry.
  • Insurers and insurance brokers.
  • Project Managers in the Construction Industry.
  • Property administrators, letting and Estate Agents.
  • Other
  • Commercial Food and Fish Processors and Traders.
  • Documentary Filmmakers.
  • In-bound South African Tour and Safari Operators.
  • Road Hauliers and Shuttle Operators.
  • Various Foreign Consulates based in South Africa.

We advise and assist in commercial and draft the following agreements for clients:-

  • Partnership and joint venture agreements, as well as advising on the dissolution of partnerships and the appointment of receivers.
  • Reseller agreements.
  • Employment and independent contractor agreements.
  • Logistics and transportation agreements (including multi-modal transport).
  • Loan agreements.
  • Restraint of trade agreements and advice connected to them, including matters relating to unlawful competition law, as well as the protection of confidential trade secrets.
  • Confidentiality and non-disclosure agreements.
  • Licensing agreements.
  • Service level/ supply agreements.
  • Outsourcing agreements.
  • In-bound tour travel operators’ agreements.
  • Franchise agreements.
  • Manufacturing, supply and marketing agreements.
  • Agency agreements.
  • Share subscription agreements, shareholders’ agreements and members’ association agreements.
  • Trust deeds, as well as employee share incentive trusts.
  • BBBEE (broad based black economic empowerment) deals and agreements.
  • Sale of shares and members’ interests.
  • Franchise agreements.
  • Labour broking agreements.
  • Cession of book debts, pledges of assets and other security and collateral agreements.
  • IT software development agreements and service level agreements relating to the software industry.
  • Sales of businesses “lock stock and barrel.”
  • Sale of immovable and movable assets.

Business Advisory Services include:

  • Copyright, including ownership of intellectual property rights in computer programs, photographs and books, as well as the assignment of IP rights in such property.
  • IT software development, customization, licensing and hosting deals, search engine optimization advice and domain name disputes.
  • Advice on the interception and monitoring of communications.
  • Advising on haulage / logistics matters (road, rail, sea and air).
  • Sale of businesses as going concerns, including take-over of employees in terms of the provisions of the Labour Relations Act no. 28 of 1956.
  • Occupational safety at the work place, including mandatory agreements in terms of the Occupational Health and Safety Act, no. 85 of 1993
  • Debatement of commercial accounts.
  • Corporate regulatory compliance and management of corporate legal risks.
  • Liquidations and insolvencies, including schemes of arrangement, business rescue and the convening of statutory enquiries.
  • Trade factoring and credit risk insurance of companies’ debtors’ books.
  • Drafting of standard trading conditions and credit applications.
  • Advice on labour law, disciplinary enquiries, including labour broking.
  • Advice on liens, real and personal security, pledge of movables and claims for unjust enrichment.
  • Perfection of securities over assets.

Representation in Courts and other Tribunals

  • Representation of clients in High Court and Magistrate’s Courts, as well as in other tribunals locally and in other jurisdictions.
  • Urgent applications and interdicts.
  • Representation in commercial negotiations / disputes.
  • Advice on insurance law.
  • Criminal law, including appearances at court, plea and sentencing agreements, submission of representations to the National Prosecuting Authority (NPA), negotiations with the NPA in relation to all criminal matters, for example non-compliance with VAT, income tax, customs and other fiscal legislation, as well as client representation for matters relating to the enforcement of the provisions of the Marine Living Resources Act, no. 18 of 1998.
  • Property law, including drafting of agreements for the sale and lease of commercial and residential properties, eviction of tenants under PIE legislation (the Prevention of Illegal Occupation from and Unlawful Occupation of Land Act no. 19 of 1998).
  • Chairing of disciplinary enquiries.
  • Due diligence and forensic investigations.
  • Advice on electronic/digital/computer law such as search engine optimization.