Our Latest Insights

SA’s New Land Court Act – paving the way for settling land disputes

22 February 2024,  Tazné Adams

In a quest to remedy historical land injustices and streamline the resolution of land and land rights issues in our... country, South Africa has introduced a pioneering piece of legislation — the new Land Court Act. This Act represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court established by virtue of this transformative legislation will play a central role, as will be outlined in this article.

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286
Article

How far does employer liability for the actions of its employee extend?

22 February 2024,  Marvin Odendaal

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

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248
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024,  Herman du Randt

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

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444
Article

South Africa’s four-day workweek trial: the good and the bad

21 February 2024,  Marvin Odendaal

From March to August 2023, South Africa conducted the first African four-day workweek experiment involving several pilot companies trialling to... assess the pros and cons of such a move in a South African context. Although it’s far too early to make any conclusive findings, we share a few thoughts about the trial and its implications for South Africa.

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523
Article

Why a clean donation can have sticky consequences

21 February 2024,  Dr Candice ReyndersSian Angus

A donation, made with the best of intent, may still land you in ‘hot’ water with SARS. In this article,... we explain why a donation could result in donations tax being payable to SARS and when and how this could happen.

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215
Article

Panel Discussion on the implications of Budget 2024

15 February 2024,  André van NiekerkDr Candice ReyndersDr Damian ViviersFC LiebenbergFrancois FouchéTanya Strauss

PH Attorneys will be hosting an insightful online panel discussion in which the 2024 national budget will be reviewed from... a legal, tax, accounting, fiduciary and compliance perspective and what this means for individuals, trusts and companies. Attendance is free but registration is compulsory.

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1020
Webinar

A practical guide for first-time home buyers

06 February 2024,  Carl Kellerman

Purchasing your first home is a big financial and emotional step. Before you jump in, take a moment to think... about 7 important aspects when purchasing your first home.

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143
Article

Customary marriages and antenuptial agreements: What you need to know

06 February 2024,  Corlia van Zyl

"I am getting married this year in terms of customary law. My fiancé and I are both professionals and wish... to be married out of community of property so that we can manage our own estates. How can we proceed with this?"

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161
Article

The role of ‘control’ in M&A transactions

29 January 2024,  Mark le Riche

In an earlier article, we examined the requirements for notifying the Competition Commission about your merger. One of the aspects... touched on was the requirement of ‘control’ as an indicator of whether a transaction is reportable or not. In this article, we will delve deeper and examine the ‘control’ element as contemplated in the Competition Act 89 of 1998 (“Act”).

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183
Article

POPIA compliance: Safeguarding Data Privacy in South Africa

29 January 2024,  Armand VermeulenDr Damian Viviers

Every year, January 28th marks World Data Privacy Day, celebrated globally to emphasise the critical need for privacy, particularly in... recent times characterised by a continuously shrinking, interconnected, and intelligent digital global community, where there are almost constant flows of data and personal information in all aspects of life

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229
Article

SA’s New Land Court Act – paving the way for settling land disputes

22 February 2024,  Tazné Adams

In a quest to remedy historical land injustices and streamline the resolution of land and land rights issues in our... country, South Africa has introduced a pioneering piece of legislation — the new Land Court Act. This Act represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court established by virtue of this transformative legislation will play a central role, as will be outlined in this article.

READ MORE
286
Article

How far does employer liability for the actions of its employee extend?

22 February 2024,  Marvin Odendaal

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
248
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024,  Herman du Randt

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
444
Article

South Africa’s four-day workweek trial: the good and the bad

21 February 2024,  Marvin Odendaal

From March to August 2023, South Africa conducted the first African four-day workweek experiment involving several pilot companies trialling to... assess the pros and cons of such a move in a South African context. Although it’s far too early to make any conclusive findings, we share a few thoughts about the trial and its implications for South Africa.

READ MORE
523
Article

Why a clean donation can have sticky consequences

21 February 2024,  Dr Candice ReyndersSian Angus

A donation, made with the best of intent, may still land you in ‘hot’ water with SARS. In this article,... we explain why a donation could result in donations tax being payable to SARS and when and how this could happen.

READ MORE
215
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.

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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 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.

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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 reviews, legal representation, preparation of documentation, legal opinions and all related support to resolving legal disputes.

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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 all other matters relating to divorce and maintenance.

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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, 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.

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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 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.

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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 relating to medical negligence litigation.

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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 necessary authorities and approvals, engaging with third parties, management of the transfer process.

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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, registration of trusts and safe storage of wills.

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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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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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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!