We specialise in the following areas
We provide general business, corporate and commercial legal advice; assist in structuring and implementing major transactions. We negotiate and prepare agreements to address unique business arrangements and consult with clients to resolve major business and ownership issues.
We have expertise in such matters as:
- Advice on and the negotiation and drafting of corporate and commercial agreements
- Insolvency Law and Business Rescue
- Transaction advisory or facilitation
- Shareholder disputes, problems and queries
- Creation and administration of staff share trusts and ownerships scheme
- Risk review and management
- Company Secretarial Functions
- Commercial Litigation
We have extensive knowledge regarding the applications for mining rights (including environmental authorisations), transferring, subdivision, and the ceding of mining rights. We offer specialised services in the following areas:
- Acquisition and conversion of rights, transfer, bonding, letting, amendment and lapsing
- Black Economic Empowerment in the Mining Industry, the Mining Charter and Scorecard, the Code of Good Practice, and the Housing and Living Conditions Standard
- Special Types of Mining
- Co-ownership, mixed minerals, unlawful mining
- Environmental issues relating to prospecting and mining
- Administrative Law Aspects
Through strategic associations and in-house expertise, we handle transactions cross the African continent. We regularly advise clients on transactions in the SADC Region, as well as in Central Africa, including Nigeria and Cameroon, DRC with the capacity to engage anywhere on the African Continent.
We have advised on State and Parastatal investment both within South Africa and Central Africa, particularly in infrastructure delivery, including port development, education and healthcare. We have represented Lucky Lotto, a company that was the successful awardee of the National Lottery Tender in Cameroon, engaged internationally with their implementation partners from India, Nigeria, South Africa, Continental Europe and the USA. This included the drafting of contracts, vetting of agreements, negotiating the supply, funding, and operational contracts with international partners.
Litigation refers to the rules and practices involved in resolving disputes in the formal court system. The term is often associated with contractual and delictual cases, but litigation can come about in all kinds of cases, from contested disputes, approaching courts for legal directives. We provide effective solutions for our clients wishing to litigate.
We make every endeavour to resolve disputed matters in amicable ways, whether via arbitration, adjudication, mediation or through settlement negotiations. Our combined legal skills, business experience and aggressive advocacy helps to achieve all our clients’ litigation objectives. Our traditional litigation practice is mainly based on commercial disputes.
We also provide litigation services on matters involving, inter alia:
- General and Commercial Litigation in the Lower and Superior Courts
- Representation before Judicial or Quasi-Judicial Boards, including legal arbitrations
- Contractual and Statutory disputes
- Insurance disputes
- Pension Fund disputes
- Appeals and Review
- Administrative legal disputes
We provide a full range of legal services to clients that do business with government and governmental entities.
We advise clients on complying with complex government regulations and defending or appealing administrative decisions. We are skilled at interrogating and advising on whether government decisions were taken on the principles of being lawful, procedurally correct, fair and reasonable.
We are experts at interrogating and advising on Government Supply Chain Management processes and the legality of the awarding of tenders. This is beneficial to our clients that have government tender disputes, bid protests/appeals, claims. Our team can also defend individuals and corporations in a wide range of administrative actions including town planning disputes and appeals.
Our services include:
- Tender objections or appeals
- Public Private Partnerships
- Service Level Agreements
- Alternate Dispute Resolution and negotiations
- General Municipal Law
- Property Zoning Disputes
Our construction law services extend to all parties in the built environment sector. We have many years of hands-on experience in Standard forms of Construction Contracts and can assist our Clients through the various steps in the construction or project life cycle. It is crucial that before entering into a construction contract, that the correct form of contract is selected and that appropriate amendments are made to suit the parties and the delivery requirements.
Our services include:
- Selecting, Drafting and Negotiating contractual documents, and advice on Master Builder Agreements and JBCC, NEC, FIDIC, PROCSA and Bespoke Contracts
- Advice on multi-jurisdictional contracts
- Advice on insurance and coverage
- Advice on the impact of environmental legislation
- Advice on legal aspects of contract administration
- Alternate Dispute Resolution nationally, regionally and internationally with particular expertise within SADC countries and Central Africa
Our commercial forensic investigation services extend to commercial and cyber forensic services. It is widely accepted that business in South Africa is rife with fraud and fraud related irregularities. Internally and externally, we encounter on behalf of clients and assist in dealing with opportunistic fraudsters that engage in falsification of documents, payment diversions, stock theft and shrinkage, and commercial and internet-based fraud.
We are well versed in the conducting of forensic investigations, as well as assisting those who have been accused of fraudulent conduct and commercial crimes. We work closely with industry leading audit and investigative professionals and consultants to offer specialist services in the conducting and the defending of forensic investigations and audits. We further engage with investigators at the Commercial Crimes Divisions throughout South Africa and with the Hawks Specialised Investigation Division of the SAPS.
Our services include:
- Initiation of forensic investigations and audits
- Gathering and analysis of evidence
- Drafting of forensic investigation reports and audit reports
- Engaging with SAPS, drafting of statements for criminal prosecution, opening of charges
- Testing the veracity of evidence in scenarios where accusations of irregularities are made
- The holding of inquiries
- Conducting the role of evidence leaders
- Defense of those who are accused of certain irregularities
Cyber platforms (anything we use on the internet, including websites and social media platforms) and Personal Data (our information that we give to a service provider) play a significant part of all our lives and business. The cyber space is riddled with complexities that are often unknown and not understood but can render the user and organisation in difficulties due to contravening laws and regulations in multiple jurisdictions and in multiple countries.
Information entered into on company websites and use of internet-based platforms can be used to track and monitor the users or their Personal Data can be sold to third parties or used against them. It is therefore important for companies to protect their organisations against irregular use of the cyber space.
Organisations face further complexities and threats due to work from home requirements. These requirements leave organisations vulnerable to other exposure due to unprotected networks.
We provide services to companies to ensure compliance with applicable Cyber and Data legislation and Licence Agreements. In South Africa, Cyber Law and Data Protections are governed mainly by Electronic Communications and Transactions Act (ECTA) and Protection of Personal Information Act (POPIA). Other legislation such as the Films and Publications Act and Copyright laws also have an impact on the use of Cyber services.
We assist Clients in achieving compliance with applicable Cyber legislations and user agreements through:
- Analysis and advice of user agreements
- Development and implementation of applicable organisational policy and procedures relating to use of cyber platforms
- E – Commerce and smart contracts
- Compliance with POPI Act
Compliance to the Protection of Personal Information Act (POPIA) will be mandatory for most organisations in South Africa. POPIA is the equivalent of the General Data Protection Regulations (GDPR) utilised in the European Union. The purpose of POPIA and GDPR is to ensure that personal data collected by organisations is collected and used within the legal and compliance framework set out by the legislation.
Failure to comply with POPIA and GDPR could lead to significant fines.
We assist Clients in achieving POPIA and GDPR compliance and are well placed to assist those that are found to be non-compliant. More than that we provide Clients with a deeper understanding of the impact of POPIA and GDPR on their business and their legal issues. POPIA and GDPR are more than the protection of Information – its impact has far wider reaching consequences on how organisations operate and have cross border, including cross continent implications. Our approach is to balance organisational effectiveness and efficiency while achieving compliance.
Address: Parktown | Johannesburg
Phone: +27 798786156
Email: vishal@ramruthanlaw.co.za