Personal Injury Claims
The firm strength lies in the area of personal injury claims arising out of motor vehicle accidents where it has established an excellent reputation in the legal fraternity and the insurance industry in general. South Africa has a unique and complicated system of motor vehicle accidents claims which provides an area of a specialised area of law. The firm litigates in this area on a very large scale. Mr Maluleke, a partner in the firm is a very important opinion maker in this field and his opinion is most often sought by both government, the Law Society (the governing body of the attorneysâ profession) and other role players when they seek to effect changes in this area of the law.
Due to past racially discriminatory practice this area of the law has been completely closed to Black legal practitioners. The abolition of the system of apartheid has for the first time opened opportunities to Black legal practitioners to venture into this area of practice.
A watershed period this country was the year1994 when the franchise was extended to Blacks. Before that time it was almost impossible for
Black legal practitioners to represent corporate and institutional clients.
Since then opportunities are slowly opening up for Black legal practitioners in the commercial law sphere.
Within a relatively short space of time Maluleke, Msimang & Associates has managed to make significant strides in this area of practice and the firm now Amongst the notable corporate law projects that the firm now performs various kinds of services in this field, including the negotiation and drafting of agreements incorporation of companies and registration of trusts.
Maluleke, Msimang & Associates also act as corporate legal council to a varied number of companies including private companies and parastatals such as Transnet and all its divisions, for whom the firm has drafted complicated and specialised agreements. The firm also offers advise in the Law of franchising and is a member of the Franchising Association of Southern Africa.
Our service also covers advise on share and asset acquisitions as well as general commercial contracts including supply of goods and services, agency and distributions. We also advise on telecommunication projects involving fixed line and mobile communication products as well as related issues thereto.
Property Law And Conveyancing
The firm offers an array of services in this field, ranging from development work, registration and transfer of properties and mortgage bonds, opening of townships registers, sectional title schemes, land claims procedures.
As it is evident from above this Department is one of the few specialist of Law that has it s own professional qualification, with substantial syllabus and a difficult examination. In providing the array of services as mentioned above and accomplishing our mission, like clockwork, our services are geared to cost of effectiveness and efficiency.
The firm has also been involved in land claims, where it was involved in a system of restoration of land to communities who had been deprived of their land in South Africa. This project was a complex one in that it involved the claiming of the large part of one of biggest game reserves in the world, the Kruger National Park.
South Africa has recently adopted a written Constitution with a Bill of Rights. The Constitution has created a constitutional Court which adjudicates over all constitutional matters. A new form of constitutionalism has been introduced in South Africa. A partner in the firm, Clement Shirilele, has completed a Masters Degree in Human Rights and Constitutional Litigation in order to position the firm to handle work in this area.
Thus far our work in this area has involved advise on administrative procedures based on common law as well as the Constitution. We have also been involved in litigation pertaining to tenders, wherein if its relating to the definition of a state organ in terms of the Constitution were involved.
Administration Of Estates And Trusts
The firm advise clients and assist them in the administration and registration of trusts, insolvent and deceased estates, estate planning, as well as drafting of Wills.
Family Law Practice
Our firm undertakes work in this field. The work in this area involves advising clients on the appropriate choice of matrimonial regimes, drafting of ante nuptial contract and assisting clients with divorce proceedings and settlements negotiations. The firm has also been involved in extensive custody applications and defences thereto.
The firm renders services to both management and employees in labour related matters.
The firm is involved in general civil litigation and mainly in the following litigious actions :
- Motor vehicle collision recovery claims
- Banking law litigation including foreclosures, as well as asset and debt discovery;
- Debt collection;
- Contractual disputes.