Our services are structured to focus on ten key practice areas:
We advise our clients on all issues resulting from the exercise
of executive powers and the review of administrative actions in
all relevant forums. We represent our clients before administrative
Since the introduction of the Interim Constitution in 1994 and
the creation of the Constitutional Court, constitutional litigation
has extended itself into all areas of law. We advise clients on
all constitutional issues, the enforcement of fundamental rights
enshrined in the Constitution and on new legislation which gives
content to constitutional principles such as administrative justice,
access to information and prevention of discrimination.
With the Bill of Rights being an essential element of South Africa's
Constitution, we represent both companies and individuals in human
Local government officials are faced daily with complex decisions
involving the application of constitutional and administrative law
in addition to a host of new enactments affecting municipalities.
Apart from being advisers to the largest metropolitan Local Government
on employment issues, we are well placed to advise local authorities
on legal issues they are confronted with.
We act for a number of major banks, corporate bond issuers and
arrangers in South Africa and abroad. We give advice on all aspects
of banking legislation and international development projects. Other
areas of practice include asset and off-balance sheet financing,
offshore funds, syndicated loan transactions, capital market transactions,
finance for public acquisitions and management buy-outs, corporate
paper issues, interest rate, equity and currency swaps and derivatives.
Financial Markets & Securities
Corporate paper issues, asset and mortgage backed securitisations,
repurchase agreements and securities lending transactions, equity,
interest rate and currency swaps as well as derivative transactions
form a regular part of our practice. We also advise clients on the
provisions of the International Swap Dealers Association Agreement
and the netting provisions contained therein.
Structured & Project Finance
We advise on international capital and infrastructure related projects,
including the structuring of financial requirements in connection
with such projects. This ranges from securitisations to leveraged
and project finance, often involving cross-border implications.
We advise our clients on all aspects of Corporate and Commercial
Law. We have extensive experience in takeovers, mergers & acquistions
of listed companies, the rules and regulations of stock and financial
exchanges, disposals of both public and private companies, public
flotations, rights issues, management buy-outs and buy-ins. We offer
advice on corporate restructurings, joint ventures, banking and
finance, employee incentives and benefits, including share option
We deal with aircraft financing transactions, regulatory issues,
purchase and lease contracts, maintenance and security matters and
related tax planning issues. Our litigation department also has
substantial experience of litigating complex disputes relating to
the registration, use and sale of aircraft and aircraft parts.
The firm advises empowerment groups and corporates seeking empowerment
partners on the acquisition of equity interests in listed and other
entities. It also assists multinationals in identifying suitable
empowerment partners and structuring the nature of their association. We give advice on the implications of the Broad-Based Black Economic Empowerment Act, 2003, the Codes of Good Practice issued by the Department of Trade and Industry and the relevant Sectoral Charters.
Estate Planning & Trusts
We advise individuals on estate planning issues, the formation
of trusts and capital gains. Our expertise in taxation and exchange
control, as well as offshore structuring, assist us in giving current
and practical advice on the drafting of wills.
All transactions between residents and counter parties outside
the Common Monetary Area are affected in one way or another by the
South African Exchange Control Regulations. We obtain directives
and rulings from the authorities where required. The Exchange Control
Regulations are being relaxed on a regular basis and are expected
to be phased out eventually. It is therefore vital that up-to-date
advice be sought before making any business decision that has exchange
Foreign Investment & Joint Ventures
With renewed international interest in South Africa since 1994,
the establishment of joint ventures and channelling of foreign investments
have formed a major part of our firm's activities. We lecture at
foreign investment seminars and have acted for a number of multinationals
in structuring their South African operations, particularly in the
mining, information technology and manufacturing industries.
IT, Internet & e-Commerce
Our firm's clients include South African and multinational hardware,
firmware and software suppliers, technology joint ventures and individual
entrepreneurs. We are involved in contracts for the sale, transfer
and merger of IT companies and associated technology transfers as
well as transactions for the supply and installation of computing
systems and services. We also assist clients in structuring their
e-commerce activities, advising them on all associated legal aspects.
Licensing & Franchising
Our firm has extensive experience in the negotiation, preparation
and finalisation of licensing, agency, distributorship, franchise
and sponsorship agreements ranging from high technology licensing
to general commercial agreements.
We advise management teams and financial institutions on the structuring
of leveraged management buy-outs and related business restructurings.
Our knowledge enables us to give expert advice and to become proactively
involved in the negotiation process, thereby ensuring smooth implementation.
Securities Regulation Panel & Stock Exchanges
We give advice on the Securities Services Act 2004, the rules and regulations
of The JSE Limited, the Bond Exchange of South Africa, the Securities
Regulation Panel and its Code on Takeovers and Mergers. We assist
in public flotations, rights and capitalisation issues, as well
as hearings by and applications to the Securities Regulation Panel.
We advise on the implications of dematerialisation, electronic settlement
and the JSE's STRATE (share transactions totally electronic) system.
We advise on local and international tax matters and often work
as part of a multidisciplinary team. We give tax structuring advice
regarding the establishment of new businesses in South Africa and
offshore. We handle all negotiations with the South African Revenue
Services and represent clients in tax appeal proceedings. Our taxation
expertise is required in connection with corporate reorganisations,
mergers and acquisitions, international group restucturing, partnership
tax planning, employee benefit and share incentive schemes, pre-flotation
tax planning and all aspects of personal tax planning.
We advise clients on all matters affected by telecommunication
legislation and issues related thereto. We assist our clients in
connection with all issues and disputes with regulatory authorities,
service providers and competitors.
Our firm advises local and international clients on South African
competition law and its effect on mergers, acquisitions, joint ventures,
licensing arrangements and distribution practices. We represent
clients in merger notifications filed with the Competition Commission
and Competition Tribunal for the approval of mergers and in prosecuting
or defending allegations relating to prohibited practices. We represent
clients in hearings of the Commission and in appeals to the Competition
Tribunal and Competition Appeal Court. We also give advice on international
anti-dumping as well as customs and excise issues.
We advise on all aspects of individual and collective employment
law. Matters include strikes, lockouts, employment equity, discrimination,
skills development, disciplinary and litigation proceedings concerning
all employment issues, workplace forums and pension law. Our labour
lawyers have been actively involved in drafting new labour legislation
and also lecture on the subject at leading South African universities
and at public seminars.
We deal with all aspects of High Court litigation and appeal proceedings
in the Supreme Court of Appeal, particularly in the areas of commercial
litigation, all aspects of employment law and occupational health
and safety, environmental issues, constitutional and administrative
law issues, inquiries and inquests. In order to assist clients in
solving problems in a quick and efficient manner and in achieving
their business goals, we rely on a combination of internal and,
where necessary, external resources.
Alternative Dispute Resolution
Several lawyers in our firm preside as arbitrators in commercial,
employment, construction, engineering, mining, mineral and other
contractual disputes, and give advice on other forms of alternative
dispute resolution, including mediation.
We deal with commercial disputes concerning securities litigation,
company acquisitions and take-overs, commercial fraud, competition
(anti-trust) law and restraint of trade disputes, enforcement of
commercial contracts, claims relating to confidential information
and directors' duties, building, engineering and product liability
Construction & Engineering
Construction and engineering projects impose complicated legal
restrictions and obligations on the parties involved and are often
subject to contractual disputes. We act for contractors, developers
and insurers and give advice on bonds, guarantees and construction
agreements in general.
Environmental issues are a major concern in any developing economy
and require sensitive handling. We advise on all aspects of environmental
law including waste and pollution control, rehabilitation of work
areas, water rights and contamination. We conduct environmental
legal compliance audits and represent clients in litigation proceedings
relating to industrial, retail, residential and commercial developments.
We advise clients on their rights and obligations in terms of insurance
contracts and assist them in enforcing those rights.
We are involved in the defence of our clients' interests in the
intellectual property arena. We are experienced in all forms of
technology transfer agreements such as sale or licensing of technology,
the structuring of such transactions and the regulatory controls
The structuring, negotiation and implementation of takeovers, mergers
and acquisitions form a substantial part of our corporate law practice.
We advise clients on all competition (anti-trust), taxation, exchange
control, stamp duty, stock exchange listings requirements as well
as the Securities Regulation Code on Takeovers and Mergers.
Our recognised expertise enables us to advise local and international
mining houses on all aspects of their mining ventures. We render
a complete range of services including the structuring and
implementation of exploration and mining ventures and the negotiation
and implementation of all relevant management and operating contracts.
Members of the firm represent parties in inquiries, inquests, litigation
proceedings and commissions of inquiry regarding environmental as
well as health and safety issues. We have established ourselves
as top experts in this field and have appeared in several prominent
matters concerning health and safety. We also conduct legal compliance
audits in these areas.
We advise participants in the sport and entertainment industries
on a wide range of topics including merchandising, sponsorships,
television rights, the acquisition of equity interests in sport
clubs, provinces and franchises, gaming licenses and applications.