Our Latest Insights

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024,  Daniela Teixeira

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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100
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024,  Gauta Mokati

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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73
Article

How liable is an owner for damage caused by animals?

26 March 2024,  Jaimee Best

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

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113
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024,  Carl Kellerman

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

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110
Article

Safeguarding your legacy for your children

26 March 2024,  André van Niekerk

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

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87
Article

A litigant’s right to a fair trial and a lost trial record

25 March 2024,  Jonathan Le Riche

If a court record is lost, does this still constitute a right to a fair trial?

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193
Article

Human Rights: Upholding the right to education

20 March 2024,  Sharne Losper

The right to education, outlined in section 29 of our Constitution, provides that everyone has the right to basic education... and the right to further education, which the state, through reasonable measures, must make progressively available and accessible.  

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175
Article

AI Rights vs Human Rights

20 March 2024,  Sinenhlanhla Khoza

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

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255
Article

Navigating the Herd: Avoid negative tax implications of livestock in your estate

19 March 2024,  André van Niekerk

Many farmers still conduct their farming operations with livestock owned in their personal capacities. Although such ownership may have certain... advantages, it can pose significant complications for a farmer in the event of his passing. It is therefore crucial for farmers to do a comprehensive tax and estate planning assessment to look into the potentially complex issues which must be addressed to ensure liquidity in the deceased estate and to avoid unnecessary financial burdens on the estate or loved ones after death. 

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443
Article

Peanut butter product recall – A smooth analysis of a crunchy matter

15 March 2024,  Ahmed DhupliMillisanté de Wee

Picture the confusion of peanut butter enthusiasts as they strolled into their local grocery store only to discover that their ... beloved peanut butter brand had been pulled from the shelves. What may just be a disgruntled customer at that moment is the evidence of a bigger matter in terms of the Consumer Protection Act 68 of 2008 (“CPA”). 

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257
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024,  Daniela Teixeira

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
100
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024,  Gauta Mokati

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
73
Article

How liable is an owner for damage caused by animals?

26 March 2024,  Jaimee Best

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
113
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024,  Carl Kellerman

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
110
Article

Safeguarding your legacy for your children

26 March 2024,  André van Niekerk

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
87
Article

Your Personal Advisors

Corporate Structuring

Advice and support regarding effective corporate structuring, entity formation and restructuring, taxation related aspects, reorganising business assets, mergers and acquisitions, takeovers,...

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Corporate Trusteeship

The holding of independent corporate trusteeships on inter vivos and testamentary trusts for the local trusts of South African clients as well as broad-based and employee ownership schemes v...

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Dispute Resolution

Dispute resolution advice and support services across all legal forums, risk and merit assessment, institution and management of legal action, briefing of counsel, lodging of appeals and rev...

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Divorce and Maintenance

Advice, guidance and representation in relation to divorce and maintenance, mediation, negotiation, investigations, drafting of documentation and agreements, initiation of proceedings and al...

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Estate Planning

Advice and planning in respect of personal and family estates, integrated estate structuring, fiduciary services, entity formation and registrations, taxation, opinions, trusteeships, drafti...

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Labour and Employment

Labour and employment law services, advice and support to private, institutional, corporate and government entities, legal opinions, employment agreements, workplace audits, conditions of se...

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Medical Negligence

Advice and counsel in respect of medical negligence, merit assessment, specialists, preparation of reports, quantum assessment, institution of actions, case management and all other matters ...

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Property Transfer

Advice and support in the transfer of immovable property ownership, registrations and amendments at the Deeds Office, due diligences, preparation and lodging of documentation, obtaining all ...

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Wills and Trusts

Advice and guidance in respect of the drafting and execution of a will, planning and formation of a family / business / testamentary trust, taxation, compliance and fiduciary aspects, regist...

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Corporate Structuring

Advice and support regarding effective corporate structuring, entity formation and restructuring, taxation related aspects, reorganising business assets, mergers and acquisitions,... takeovers, joint ventures, private equity, corporate unbundling, share structuring, securities, financing, due diligences, commercialisation and all related agreements and documentation.

Corporate Trusteeship

The holding of independent corporate trusteeships on inter vivos and testamentary trusts for the local trusts of South African clients... as well as broad-based and employee ownership schemes via representatives of Phatshoane Henney Fiduciary Services, including all related fiduciary and administrative aspects relating to trust management and execution of the role of independent corporate trustee.

Dispute Resolution

Dispute resolution advice and support services across all legal forums, risk and merit assessment, institution and management of legal action,... briefing of counsel, lodging of appeals and reviews, legal representation, preparation of documentation, legal opinions and all related support to resolving legal disputes.

Divorce and Maintenance

Advice, guidance and representation in relation to divorce and maintenance, mediation, negotiation, investigations, drafting of documentation and agreements, initiation of... proceedings and all other matters relating to divorce and maintenance.

Estate Planning

Advice and planning in respect of personal and family estates, integrated estate structuring, fiduciary services, entity formation and registrations, taxation,... opinions, trusteeships, drafting of documentation and agreements, and other related estate planning aspects. Estate planning can include on-shore and off-shore planning and integration and management of such estates.

Labour and Employment

Labour and employment law services, advice and support to private, institutional, corporate and government entities, legal opinions, employment agreements, workplace... audits, conditions of service, policies and procedures, health & safety investigations, employment benefits, collective bargaining representation and negotiation, representation at CCMA and labour courts, disciplinary proceedings, retrenchments, dismissals, labour training, and all other labour and employment aspects.

Medical Negligence

Advice and counsel in respect of medical negligence, merit assessment, specialists, preparation of reports, quantum assessment, institution of actions, case... management and all other matters relating to medical negligence litigation.

Property Transfer

Advice and support in the transfer of immovable property ownership, registrations and amendments at the Deeds Office, due diligences, preparation... and lodging of documentation, obtaining all necessary authorities and approvals, engaging with third parties, management of the transfer process.

Wills and Trusts

Advice and guidance in respect of the drafting and execution of a will, planning and formation of a family /... business / testamentary trust, taxation, compliance and fiduciary aspects, registration of trusts and safe storage of wills.

Administration of Estates

Administration of deceased estates, include advice and guidance, holding of executorships, preparation of all documentation for submission to the Master... of the High Court, preparation of agreements, management of estate assets and liabilities, and all related aspects to ensure a successful administration of a deceased estate. Our Administration of deceased estates includes South African estates and international deceased estates.

Administration of Estates

Administration of deceased estates, include advice and guidance, holding of executorships, preparation of all documentation for submission to the Master... of the High Court, preparation of agreements, management of estate assets and liabilities, and all related aspects to ensure a successful administration of a deceased estate. Our Administration of deceased estates includes South African estates and international deceased estates.

Administration of Estates

Administration of deceased estates, include advice and guidance, holding of executorships, preparation of all documentation for submission to the Master... of the High Court, preparation of agreements, management of estate assets and liabilities, and all related aspects to ensure a successful administration of a deceased estate. Our Administration of deceased estates includes South African estates and international deceased estates.

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Client Testimonials

My experience as a client of PH Attorneys is that, they are professional, understands our business needs and will always give the best legal advice even if it is not in your favour on the face of it. They are trustworthy and will always be available to assist and advise at all times.

Valentine Rantsoareng, CEO, ITEC Free State
ITEC Free State

PH Attorneys has been our attorneys for almost a decade. We always receive the best professional service and advice from Meyer Volschenk and his team.

De Waal Boshoff, Manager Labour Relations and Legal Matters
Ruwacon (Pty) Ltd

PH Attorneys is the preferred supplier for legal, fiduciary and structuring advice for our company. They are innovative and always stay abreast of the latest legal requirements and changes, and ensure they fully understand our clients’ needs so their team of experts can provide effective solutions in any situation. Having this relationship has been a significant competitive advantage for us.

Magda van der Merwe,
Classic Private Wealth

Our business is a long standing self-built company that has evolved into a complicated and multi-faceted Commercial Vehicle Group. We needed progressive solutions to move with the times and embrace the new South African business environment. PH Attorneys provided practical advice to assist us in restructuring in a responsible manner to move our business forward. They are a great team of professionals that are always available to assist.

James Moore, Chief Executive Officer
Fleet Dynamics Group

Over the years I have found PH Attorneys' level of service, professionalism and attention to detail to be far above any I have experienced before. Thorough and caring about client requirements and deadlines, I am kept up to date on all matters and developments on an almost weekly basis. Their insight and understanding of the transactions and transfer matters I presented them with were outstanding and have exceeded my expectations. I have no hesitation whatsoever in referring them and I am proud to be their client.

Woutri Mugglestone , Estate Agent
Aguila Real Estate

PH Attorneys is without a doubt my preferred choice in transfer attorneys, always ensuring a hassle-free transfer process. Libo van Aswegen and his team are very efficient and professional in their work and always willing to go the extra mile. When any disputes arise, they solve it with professionalism and taking all parties’ interests to heart. The agent, seller and buyer are all kept up to date with the progress of transactions, and I can always count on receiving positive feedback from my clients.

Elri van Jaarsveld, Estate Agent
Pam Golding Properties

As estate agent for over 17 years, my heart is in my business and I strive to always deliver the best service to my clients. For that reason, I always recommend PH Attorneys. They deliver outstanding, friendly service and are always prepared to go the extra mile, giving thorough weekly feedback regarding registration processes. Their property department is specialist in what they do and always do their utmost to assist buyers, sellers and agents alike.

Dirk Swart, Estate Agent
Realnet

I cannot even begin to quantify the ways in which Ilze Strydom's legal aid has helped my made my ongoing child maintenance case. She dazzled me with her communication skills and courage, and I was blown away by her integrity and endless hard work that went into making that day a win for us. Thank you for being a passionate voice on my children's behalf and for accepting the role to fight for their rights. You have been a great support guiding me through the legal process.

Drien Erasmus,

PH Attorneys has been an invaluable partner to us in every aspect of our business. Their comprehensive offering of legal services, along with a dedicated client relationship team, have made them an integral part of our business and a truly trusted advisor in everything we do.

Katlego Tlale, Chief Financial Officer
Letsema

PH Attorneys have rendered very professional service to Senwes Ltd for a number of years. Thank you for your excellent service.

Jaco Steyn, Legal Advisor
Senwes

I wish to express my sincere gratitude to the PH Attorneys team. Our requests have always been prioritised even then the deadlines were tight. Thank you for going beyond the call of duty. We look forward to your continued support and building on this great relationship.

Juby Govender, Acting Senior Manager, Unit for Development
Central University of Technology

We are pleased to be associated with PH Attorneys as we always receive the highest standard of professional service. Irrespective of what we present them with - varying from from highly technical advice to litigation and any other commercial or legal matter related to our group of companies - the teams tending to our matters are always able and ready to assist. We can highly recommend their services as it is always timeous and professional, and their legal guidance of the utmost quality.

Dirk du Plessis, Head of Corporate Services
Digicentral

I’ve consulted & referred clients to Francois Fouché regarding offshore investment structures & international estate planning. Definitely some of the best advice in the market today. 5-star rating!

Duane Nienaber,
Attooh!