Commercial Law

The foundation of any successful business lies in its legal structure. We assist clients with:

• Registration of companies under the Companies Act 71 of 2008

• Advice on the appropriate business entity (private company, partnership, NPO, co-operative, etc.)

• Drafting and filing of Memorandums of Incorporation (MOIs)

• Establishment of trusts, joint ventures, and special-purpose vehicles

• Shareholder agreements, partnership agreements, and founders’ agreements

• Compliance with B-BBEE, CIPC, FICA, and SARS requirements

Our guidance helps businesses start on a solid legal footing and scale with minimal risk.

Contractual clarity is essential in managing relationships and avoiding disputes. We draft, review, and negotiate a wide range of contracts, including:

• Sale of goods and services agreements

• Lease and rental agreements (commercial, industrial, retail)

• Service-level agreements (SLAs) and performance contracts

• Non-disclosure agreements (NDAs) and confidentiality clauses

• Franchise agreements

• Agency and distribution agreements

• Credit and payment terms

• Employment, contractor, and consultancy agreements

Our contracts are tailored to client needs, enforceable in law, and aligned with South African legislation, including the Consumer Protection Act, National Credit Act, and Electronic Communications and Transactions Act.

In an environment of increasing regulatory scrutiny, corporate governance is not optional—it’s essential. We provide ongoing corporate advisory services, including:

• Director duties and fiduciary obligations

• Compliance with the Companies Act and King IV Report on Corporate Governance

• Board resolutions, shareholder meetings, and company secretarial work

• Internal policies and codes of conduct

• Conflict of interest policies and disclosure protocols

• Advice on insolvency, liquidation, and business rescue

• Compliance audits and risk management strategies

Our team supports clients in navigating both legal requirements and ethical business practices.

Even the best-run businesses can face conflict. We offer litigation and alternative dispute resolution services to resolve commercial disputes effectively. Matters include:

• Breach of contract and non-performance

• Partnership and shareholder disputes

• Enforcement of restraint of trade and confidentiality agreements

• Franchise and supply chain litigation

• Arbitration and mediation of business disputes

• Recovery of debts, losses, or damages

We seek amicable resolutions where possible but are fully prepared to litigate when necessary to protect client interests.

We assist companies doing business with the public sector to comply with public procurement laws and regulations. Our services include:

• Advice on bidding under the Public Finance Management Act (PFMA) and Municipal Finance Management Act (MFMA)

• Review and drafting of tender documents and bid proposals

• Contract negotiation and implementation with organs of state

• Litigation involving procurement irregularities or bid challenges

• Blacklisting, suspension, and supplier registration matters

Our team understands the intricacies of doing business with government and ensures that our clients remain competitive and compliant.

Different industries are subject to different laws and standards. We provide sector-specific advice on compliance and operations, including:

• Financial services regulation (FSCA, FICA, POPIA)

• Construction and engineering contracts (JBCC, NEC, FIDIC)

• Mining, energy, and environmental law compliance

• Healthcare licensing and medical service agreements

• Retail, logistics, and import/export laws

We stay current with legal developments and ensure our clients meet their obligations while innovating and growing.