Our Latest Insights

Unfair dismissal? Your rights during business rescue

06 June 2024,  Lesley MokgoroOdirile Matladi

Facing dismissal after years of service can be tough, but what happens when the company goes into business rescue before... you can challenge the decision? Find out if you can still refer your unfair dismissal dispute to the CCMA in our latest article.

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43
Article

Body corporates and access to information. What are the rules of engagement?

29 May 2024,  Nathan Christians

Unit owners in a sectional title may from time to time feel that the body corporate is not managing the... scheme effectively or correctly. Whether such belief is legitimate or not, often comes down to the information that the owners have access to which can prove or allay fears of mismanagement. But, how do unit owners access information often under the control of the body corporate?

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315
Article

The taxes applicable to a deceased estate

29 May 2024,  André van NiekerkTebello Setleko

When a person passes, their estate must be reported to SARS and so becomes a new taxpayer with various taxes... applicable. If the deceased had foreign assets, international taxes may also apply. The executor of the deceased estate is responsible for handling all tax matters related to the deceased estate, which can become quite complex, depending on the nature of the estate. In this article, we look at some of the most important taxes applicable to a deceased estate.

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404
Article

Be careful not to let your medical negligence claim prescribe

29 May 2024,  Japie Kruger

Medical negligence cases are notoriously complex and often hinge on the difficulty patients have in establishing that there was in... fact negligent conduct by a medical practitioner and then having to institute action for the harm they have suffered. By this time, substantial time may have passed, and the possibility of prescription may have reared its head. In this article, we briefly look at prescription in the context of medical negligence cases and what our courts have to say. 

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167
Article

Law and technology: can an oath be commissioned virtually?

29 May 2024,  Lucian Companie

In a recent Judgment in the South Gauteng High Court, it was decided that the law pertaining to the administering... of the oath is wide enough to be interpreted to allow a Commissioner of Oaths to commission an affidavit virtually.

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309
Article

Legal change: South Africa recognises Muslim marriages

29 May 2024,  Zelnè du Toit

The non-recognition of Muslim marriages, which have not been registered as civil marriages, was deemed unconstitutional. 

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160
Article

Why social media disputes can be a Pandora’s box

29 May 2024,  Tshiamo Malimane

Social media sites and the use of these sites for personal and business use are accepted in today’s digital world.... For many businesses their social media presence is a vital part of their ability to connect, engage and sell to their clients. But what happens, when owners change or the persons running these sites on behalf of a business refuse to provide access to the sites? How easy is it to address these disputes?

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295
Article

When must I pay my increased sectional title levy?

29 May 2024,  Corlia van Zyl

Body corporates charge levies and unit owners are obliged to pay such levies. But what if a body corporate increases... levies? When does the unit owner become responsible for paying such increased levies?

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322
Article

To extend or offend: Can you extend your sectional title unit?

29 May 2024,  Cleopatra Mukhari

Owning property in a sectional title scheme requires the sharing of certain spaces with other owners. These shared spaces are... typically the common property of the scheme and can be defined as the land or buildings in the scheme which do not form part of any owner’s unit. But what if a unit owner wishes to extend their unit? Can the owner do so and extend their unit onto the common property? In this article, we explore the options available to the unit owner.

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508
Article

Jail time and heavy fine for skipping child support payments

22 May 2024,  Chang-Lin DirksIlze Strydom

In a recent judgment handed down in the Free State High Court wherein PH Attorneys acted for the Applicant, the... Respondent was found to be in contempt of court for not paying his maintenance obligations in terms of a court order and was sentenced to 6 months direct imprisonment suspended for 3 years. 

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309
Article

Unfair dismissal? Your rights during business rescue

06 June 2024,  Lesley MokgoroOdirile Matladi

Facing dismissal after years of service can be tough, but what happens when the company goes into business rescue before... you can challenge the decision? Find out if you can still refer your unfair dismissal dispute to the CCMA in our latest article.

READ MORE
43
Article

Body corporates and access to information. What are the rules of engagement?

29 May 2024,  Nathan Christians

Unit owners in a sectional title may from time to time feel that the body corporate is not managing the... scheme effectively or correctly. Whether such belief is legitimate or not, often comes down to the information that the owners have access to which can prove or allay fears of mismanagement. But, how do unit owners access information often under the control of the body corporate?

READ MORE
315
Article

The taxes applicable to a deceased estate

29 May 2024,  André van NiekerkTebello Setleko

When a person passes, their estate must be reported to SARS and so becomes a new taxpayer with various taxes... applicable. If the deceased had foreign assets, international taxes may also apply. The executor of the deceased estate is responsible for handling all tax matters related to the deceased estate, which can become quite complex, depending on the nature of the estate. In this article, we look at some of the most important taxes applicable to a deceased estate.

READ MORE
404
Article

Be careful not to let your medical negligence claim prescribe

29 May 2024,  Japie Kruger

Medical negligence cases are notoriously complex and often hinge on the difficulty patients have in establishing that there was in... fact negligent conduct by a medical practitioner and then having to institute action for the harm they have suffered. By this time, substantial time may have passed, and the possibility of prescription may have reared its head. In this article, we briefly look at prescription in the context of medical negligence cases and what our courts have to say. 

READ MORE
167
Article

Law and technology: can an oath be commissioned virtually?

29 May 2024,  Lucian Companie

In a recent Judgment in the South Gauteng High Court, it was decided that the law pertaining to the administering... of the oath is wide enough to be interpreted to allow a Commissioner of Oaths to commission an affidavit virtually.

READ MORE
309
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.

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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!