Commercial Law

Commercial Law – We advise and help companies and other institutions with a variety of different business related matters. This aspect of the law entails a wide range of issues from transactions between clients and associate companies to finance, credit, insurance and banking advice. At MDPA we advise wholly and pro – actively to embrace maximum protection and opportunities for our clients.

 

If you need help setting up a company, taking over a business or navigating corporate and commercial law, contact MDPA. Our Attorneys will see you through all company-related legal matters.

 

We do not believe in any form of one-size-fits-all solutions. Every business, regardless of its size, has individual needs that require tailor-made, industry specific solutions that make both legal and good business sense. By drawing on the diversity of our professional expertise, we offer clients innovative tailored solutions in all areas of commercial (business) law.

We are fully cognisant of the provisions of the related legislation. We are able to assist you with registration of new entities, amendments to existing business entities and providing comprehensive advice on changing your existing structures to ensure full compliance with regulations and legislation to provide you with legal certainty in your business – ensuring that your entity is safeguarded against any future potential risks which may arise.  Not only will you be able to steer clear of avoidable legal risk, but you will always be one step ahead of your competitors with our professional planning and administration to meet your company business goals.

 

With dedicated attention to detail, we create practical legal solutions and always aim to lead to and maintain positive inter-personal results.

Our expertise covers all aspects of Company Law, We can assist with the drafting, review, editing, updating and execution of the following contracts.

Drafting of contracts – Agreements made simple

Company registration and Shareholder Agreements

Company Law consulting and administration

Sale of business transactions

Civil, Corporate and Commercial Litigation

We advise and assist with any and all litigation matters. This means that clients will be advised and assisted throughout litigation to limit expenses and time. A holistic approach is facilitated to ensure our clients the best possible outcome.

Building, construction and engineering disputes

Commercial litigation

Consumer Law ( Consumers and Suppliers)

Contractual claims

Contractual consulting and preparation

Corporate governance

Debt recovery + Commercial Collections

Insolvency Law ( Commercial + Individual)

Property Disputes

Rental Disputes

Urgent and normal interdicts

Protection orders ( Domestic violence and Harassment Court )

Claims against the South African Police Service

Promotion of Administrative Justice Applications

IMMIGRATION Law

At Modiba du Plessis Attorneys we are able to assist in various matters against the Department of Home Affairs in instances where they fail to provide essential documentation in relation to the birth and residency of persons, we offer the following services:

 

Foreign residency permits:

We are able to assist in instances where applications for Foreign Residency have been made at the department of Home Affairs and no feedback has been received for an unreasonable period of time, usually exceeding 12 (Twelve) Months.

 

Unabridged birth Certificates:

We are able to assist in the obtaining of unabridged birth documentation where the Applicant has made such an application to home affairs and no documentation has been received in excess of 3 (three) Months.

Bail applications

Criminal litigation

Criminal disputes resolution

FAMILY LAW, DIVORCE AND MATRIMONIAL LAW

service and expertise with an understanding and sensitive approach, taking into account each client’s needs. We are available, involved and committed to achieving the best possible outcome for you, our client.

 

We handle all matters of law affecting the family – be it divorce, matrimonial or child-related. Due to the nature of our work, we are conscious of the social and psychological impact on the family unit, therefore working closely with other professionals in these fields.

 

Whilst we proceed promptly and vigorously with legal action when necessary, we bear in mind the costs involved and advise our clients accordingly.

When considering matters relating to children, we aim to assist you in resolving these in a way that reflects the best interests of the children. We can help you in preparing agreements to reflect what you would wish to happen should your relationship break down and we can help you deal with any litigation arising either from divorce or break down of a relationship.

Marriages are typically born out of love and solemnized with such hope that its termination by way of divorce cannot be anything but tragic

Marriages are typically born out of love and solemnized with such hope that its termination by way of divorce cannot be anything but tragic

Antenuptial Contracts and advice on matrimonial systems

Advice on separation of parties (Pro – active and re – active)

Estate Planning and drafting of wills

Contested and uncontested divorces

Parental Rights and Responsibilities agreements ( parenting plans)

Voice of the Child ( Child Focused mediators)

Parenting Coordination

Family violence interdicts

Maintenance matters

Custody and access disputes

Postnuptial agreements

Adoptions

LABOUR AND EMPLOYMENT LAW

At Modiba du Plessis Attorneys our Attorneys endeavour to provide expert advice to help facilitate and resolve all employment related disputes in an effective and commercially sensible manner. Our team strives to give effect to the provision in our Constitution which provides for just and fair labour practices for all and the effective application of the Labour Relations Act, Basic Conditions of Employment Act and the Employment Equity Act.

 

We offer specialised advice and services under the many aspects of employment law. This includes professional insight into employment relationships and the drafting of contracts.  The drafting and implementation of all the relevant Human Resources policies and grievance procedures and further assisting in resolving workplace disputes and representing clients at the CCMA, Bargaining Councils and the Labour Court.

Arbitrations and Dispute Resolution

CCMA proceedings

Disciplinary Enquiries

Mediations

Mutual Separation Agreements

Advice to employers (restraint of trade, sale of business implications, temporary employment services etc.)

MEDIATION

MDPA has attorneys accredited by the South African Association of Mediators (SAAM) accredited to facilitate mediation in the following fields:

Divorce Mediation

Family Dispute Mediation

Civil and Commercial Mediation

Rental Housing Act Disputes

Mediation for Attorneys:

In most defended and opposed matters the parties already have their respective Attorneys. In family matters and civil litigation, mediation is advised for parties to reach settlement and avoid litigation expenses and delays.  Should any Attorney or client of the Attorney be in need of a skilled and qualified mediator to assist the represented parties, Modiba, Du Plessis Attorneys can provide this service.

 

The benefits of this approach is a without prejudice of rights mediation consultation, which can suffice as a settlement proposal (pre-trial requirement) and also allow an independent third party to act as an objective mediator in a neutral setting. This will give the Attorneys a chance to proceed at facilitating mediation without the risk of losing their client, as the mediator will not be allowed to act for either party that was subjected to the mediation, and all information relating to the mediation enjoys confidentiality.

 

We provide for mediation with legal representatives and without.  Attempting to resolve a matter by mediation and obtaining a report from the mediator will assist the parties in truly attempting to reach settlement and will also assist the parties when costs are sought. Another benefit in allowing tedious disputes to be resolved before attending court (should all matters not be resolved) and less issues to be decided by court, allowing for less litigation costs.

ESTATES AND TRUSTS

We advise on all aspects relating to estates and the future thereof in the form of estate planning. A holistic approach is utilised to assist families and young couples on all aspects of their future well – being, including but not limited to:

Administration of estates

Trust asset administration and advice

General and specific estate planning

Estate administration ( execution of will )

Drafting of wills

Registration and formulation of Trusts ( testamentary and inter vivos)

Financial advice and financial product implications consulting

EXPERIENCE WITH DECEASED ESTATES:

 

The members of Modiba Du Plessis Attorneys have been involved throughout their professional careers with the administration of deceased estates and possess working knowledge and experience in this regard.

 

The firm has the required infrastructure in place to ensure that at least one member of staff attends the Masters Office on a daily basis to expedite all matters.

 

Monica Rousseau has also, throughout her career, served the instructions of various financial institutions. She has been in the employ of various law firms and was fortunate enough to serve on their trust panels and played an indispensable role in executing the instructions of the institutions.

 

Our firm is therefore fully aware of the process of serving financial institutions once a firm is on their panel of Attorneys and is capable of executing any instructions.

 

The members of our firm have acted as the executor, or as the agent of an executor, countless times and are therefore fully capable of administrating any estate to its fruition.

PERSONAL INJURY CLAIMS

At Modiba du Plessis Attorneys we offer experienced legal advice and services in relation to Personal Injury matters on a standard, as well as contingency fee basis, in order to assist our clients who suffer such injuries in obtaining the compensation they deserve. Our Personal injury department consist of the following:

ROAD ACCIDENT FUND/ THIRD PARTY CLAIMS:

 

We assist in obtaining compensation on behalf of any person who suffered damage as a result of bodily injury to themselves, or bodily injury or death of another, as a result of a motor vehicle collision. Parties who can claim are:

A party who sustains bodily injuries in a Motor Vehicle Accident.

When a breadwinner of a family is deceased then the surviving spouse and the children are the persons who suffered damage by way of the loss of the financial support of the breadwinner.

Where a minor is injured and has to receive medical treatment. In this case the parent would be the claimant in respect of the medical cost incurred because they are the person who had to pay for such costs and therefore has suffered damages - and the minor would be the claimant in respect of the bodily injuries he/she sustained.

The recovery of funeral expenses for a person who is deceased in an accident.

TRAIN ACCIDENT CLAIMS AGAINST METRO RAIL/ PRASA:

 

This is a claim which can be instituted to recover compensation on behalf of any person who suffered damages as a result of bodily injury or death arising from commuting by train, or being injured or killed as a result of an incident involving a train.

 

Any person who has suffered damage owing to bodily injury to him or herself, or bodily injury of someone else, may institute legal proceedings, provided they can establish the following:

That their damages or injuries were caused as a result of a reasonably probable connection to a train;

That PRASA / Metrorail, its employees and/or the driver of the train was negligent, either through their conduct or omission to act

That the bodily injury sustained or death was caused by such negligent conduct or omission to act.

PROPERTY LAW AND CONVEYANCING

Our dynamic conveyancing department consists of Attorneys, Conveyancers and notaries, as well as senior conveyancing typists and support staff to assist with the effective execution of instructions from corporate clients.

 

We advise individuals, companies, financial institutions and corporate entities on all matters relating to property, property development, property administration and all parties concerned herein – more specifically individuals wanting to understand their rights and responsibilities relating to:

Due diligence

Bond approvals and cancellations

Contracts of sale (including offer to purchase)

Estate transfers

Insolvency transfers

Subdivisions and consolidation of land

Mortgage bonds

Notarial bonds

Notarial deed

Residential and commercial property sales

Sheriff auctions and transfers

Rental Housing Act disputed and mediation

EXPERIENCE WITH MORTGAGE BONDS:

 

Our staff have over 40 years combined experience in respect of all matters relating to mortgage bonds and notarial bonds, including but not limited to:

  1. The registration of bonds over immovable property;
  2. The registration of bonds over movable property;
  3. The cancellation of bonds;
  4. The cession of bonds.

Throughout the professional careers of our staff they have specifically attended to all of the aforementioned on the instruction of financial institutions such as First National Bank, ABSA, Nedbank and Standard Bank.

 

Our staff also possess both professional and personal relationships with members of the staff of these said institutions – and currently receive instructions from more than five other Attorney Firms to attend to all of their Conveyancing and Property Law matters, as our experience, turn-around times and knowledge are seldom equalled.

 

MDPA has the required logistical infrastructure in place to ensure that deeds get prepared, signed, delivered and registered in a swift and rapid manner.

The members of Modiba Du Plessis Attorneys are aware of the needs of every type of client, including those of financial institutions and large companies.

 

Our staff have continuously, throughout their careers, served as panel Attorneys with direct points of communication with various institutions and possess the knowledge, skill and experience to competently execute instructions from these institutions and individual clients.

 

The staff of Modiba Du Plessis Attorneys has a clear vision, mission and strategy for the firm which is executed honestly and with integrity to protect the reputation and needs of all our clients.