MARCH 2021
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LEADING LAW FIRMS
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LEADING LAW Pravin Hurri 084 810 1818 | pravin.hurri@inl.co.za
A CENTURY OF SOUND LEGAL ADVICE AND EXPERTISE
CONSISTENCY, service-orientated, personalised attention and expertise. These words best describe what you can expect when making use of the services of law firm J Leslie Smith & Company Incorporated, which celebrates its centenary in April 2021. These words also aptly describe the principles and values that make the firm stand out, head and shoulders above the rest.
Estates & Trusts Property Law Labour Law Notarial Practice Criminal Law Family Law General Litigation Insurance Law Pension Fund Law Municipal & Local Government
J Leslie Smith & Company was founded in Pietermaritzburg, in 1921, and now boasts branch offices in Howick and Pennington. The firm has, over the years, offered a wide variety of legal services through its specialised departments, each of which offers specific expertise and advice. The firm also has numerous specialists among its ranks of directors. Margaret McCullough is
Boedels & Trusts Eiendomsreg Arbeidsreg Notariële Praktyk Strafreg Familiereg Algemene Litigasie Versekeringsreg Pensioenfondsreg Munisipale & Plaaslike Bestuur
AANDAG ALLE KORRESPONDENTE PROKUREURS ONS DOEN KORRESPONDENSIE WERK OOK IN AFRIKAANS! Suite 2, 1st Floor, Building B, St John's Village Life Style Centre, Howick Tel: +27(0)33 3303360
332 Jabu Ndlovu Street, Pietermaritzburg,3201 Tel: +27(0)33 8459700 info@jleslie.co.za www.jlesliesmith.com
Shop 29, Village Mall Apartments, 3 Impathle Drive, Pennington
well known in the field of deceased estates, estate planning and trust law. She, together with family and pension fund law specialist, Whyona Sithapersad, represent the profession in the the Provincial Legal Practice Council (PLPC) for KwaZulu-Natal (formerly known as The KwaZulu-Natal Law Society) as two out of six elected attorneys in the province. The firm offers a wide variety
of services including general litigation, property transfers, wills, deceased estate administration and trusts, commercial law, pension fund law, family law, insurance law and collections. “Not only do we practise law with passion and commitment, representing large commercial entities, among others, we are also charitably minded and are actively involved with our broader community,” said Margaret Mary McCullough, director of J Leslie Smith & Company. “We are committed to making a difference, and involve ourselves in activities and organisations which assist the elderly, the young people of our community, the environment, our animals – both wild and domesticated – as well as incapacitated and disadvantaged people. Give us an opportunity and we are confident that you will not be disappointed. We would love to be of service to you.” “JLS – More than just Suits.” For further information, contact J Leslie Smith & Company Incorporated by email: jls@jleslie.co.za
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LEADING LAW Pravin Hurri 084 810 1818 | pravin.hurri@inl.co.za THE South African large law firm space is changing at a significant pace, and so it must if the profession is to meet its constitutional imperatives. Totally committed to the complete egalitarian redefinition of the large law firm space, Maynard Menon Govender Singh Inc has now added a significant card to its pack: a 1 000m2 purpose-built head office ideally located “right on your doorstep”. With its state-of-the-art architecture and sophisticated systems, the firm’s functionality has continued unabated through the ongoing Covid-19 pandemic - and with smart back-up systems to guarantee business continuity. Three fundamental pillars: • Exceptional work – because “excellence has no competitor”. • Solid principles – which are not subservient to the relentless (and often ruthless) pursuit of profit. • No systemic prejudice – of any form whatsoever. “Maynard Menon Govender Singh Inc embodies the original spirit of the struggle for freedom and development that characterised the liberation of South Africa. Sadly, so much of that ethos and so many of those values dedicated to building the post-apartheid ‘good society’ have been lost in the headlong pursuit of naked primitive accumulation. Yet this law firm stands proudly and fullsquare behind those earlier and noble ideals, while remaining strongly embedded in our modern and volatile global and national context. This much is evident in the striking architecture of its Westville head office, in the
historic artefacts that pepper its walls and in the quality and care exercised by its diverse team of lawyers and specialised personable staff. It is without doubt, a beacon to the kind of company all South Afric-ans should aspire to build. As a friend of the firm, I wish them well in the years ahead.” – Vishnu Padayachee, Distinguished Professor (and Derek Schrier and Cecily Cameron Chair) in Development Economics at Wits School of Economics and Finance. With five full-time conveyancers, 13 full-time attorneys, a large team of loyal and dedicated support staff and a national footprint of offices – the firm offers highend expertise right across the board. In addition, its award-winning property law division is fast becoming irresistible to serious, sophisticated developers and highnet worth bond applicants – expertly handling these applications, property transfers and pretty much everything in between. “Maynard Menon Govender Singh Inc is reviving a tradition of progressive intellectual thought on topical issues of South African economic, social and political life. It is providing an oasis of meaningful and informed deliberation and debate on issues significant to our nation and its future. I anticipate it will, over time, become a leading centre for progressive public engagement and debate.” – Professor Robert van Niekerk, Chair of Public Governance at Wits School of Governance. To make contact with the firm, call 087 057 5598.
Maynard Menon Govender Singh Inc THE GAME CHANGER
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LEADING LAW Pravin Hurri 084 810 1818 | pravin.hurri@inl.co.za
GARLICKE & BOUSFIELD INTRODUCES ITS NEW MANAGEMENT TEAM Strong, skilled and resilient
The new management team. AS THE world observed International Women’s Day on March 8, President Cyril Ramaphosa in his address acknowledged the role of women leaders, particularly in the country’s response to the Covid-19 crisis. He expressed the view that women were still under-represented in the boardrooms and corridors of power. However, this is not the case at Garlicke & Bousfield, which recently announced the appointment of Yvonne Boden as its new CEO, effective from March 2021. The first female CEO ever to be appointed in the firm’s 154-year history, she is also the youngest director ever to be appointed to the board – a position she accepted in 1991 at the age of 26. Together with this appointment, the firm has also elected a new executive committee comprising Simphiwe Maphumulo, director in the property and conveyancing department; Howard Stephenson, director in the corporate and commercial department; Chuma Vabaza, director in
the labour department; and André Liebenberg, director in the litigation department. “Assuming this role is a big challenge in the current environment, with the financial aftermath of the pandemic still lingering, but I have a highly competent and committed management team who have a clear vision of the way forward. We will continue to strive for professional excellence, to build and nurture relationships with our clients and to encourage our people to give back to the community through participation in pro-bono work and a range of charitable initiatives,” said Boden. Handing over the position of CEO to Boden, Bongani Mgaga, current chairperson of the board, said: “Our most important goal is to maintain a harmonious balance between serving clients with excellence and continuing to drive the transformation agenda that Garlicke & Bousfield has been embracing for decades.”
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LEADING LAW Pravin Hurri 084 810 1818 | pravin.hurri@inl.co.za
GROWTH IN THE MIDST OF CHALLENGE
Andrew Clark
THE year 2020 was difficult and challenging for all industries, and is one that will go down in the history books. Two short months into the year, life as we knew it was altered by the Covid-19 pandemic. With the national lockdown, businesses had to quickly adapt to a new way of operating. As a firm, Cox Yeats was able to pivot and adapt to match the changing environment and clients’ needs by smoothly transitioning to having everyone fully set up to work remotely from home from the outset. Professionals were also able to work from the office when necessary and so remained fully available to clients. The firm was determined to remain agile in the face of adversity to ensure it continued to deliver a personalised and expert service to its clients. In addition, the law firm has a clear and compelling purpose: “To make a positive difference in this world through consistently being the most dynamic and innovative law firm that offers highly
Michael Jackson
personalised expertise.” Despite the negative impacts of Covid-19 during 2020, Cox Yeats experienced several achievements and positives to take into 2021. The firm was able to go ahead with the planned expansion of its national footprint with the opening of an office in Sandton, Johannesburg, and welcomed several new partners and associates to its teams. Cox Yeats saw the lockdown as a further opportunity to continue improvements to its technology. The firm encouraged new ways of working and connecting with its people, and as a priority, ensuring that excellence in client service was maintained. The principles of hard work and commitment – coupled with young and energetic attorneys who pride themselves on their individuality, innovation and competitiveness; characteristics that are tempered by the experience of long-standing professionals – will enable Cox Yeats to embrace our fast-changing and challeng-
ing world with enthusiasm and excellence, and give its clients the best possible legal advantage. Cox Yeats is consistently rated as one of South Africa’s top law firms in the annual PMR.africa national survey – and 2020 was no different. It ended with the firm being awarded a Diamond Arrow Award, for the fourth consecutive year, as the top-rated law firm in South Africa in the Medium-Sized Law Firms category. The firm was also awarded a Diamond Arrow Award in the PMR.africa provincial survey as the top law firm in the province by corporate business. Cox Yeats is honoured and humbled to have received this award, and believes it owes this recognition to its clients and the commitment of its professionals and support staff. In addition to these accolades, 10 of the firm’s senior attorneys were ranked by the legal publication Best Lawyers as leaders in their fields, which is a compelling indication of the high calibre of legal professionals who are Continued on next page
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LEADING LAW Pravin Hurri 084 810 1818 | pravin.hurri@inl.co.za Continued from previous page
part of this growing firm. While most businesses were expecting to return to work at the start of the new year, 2021 began with ongoing restrictions. To ensure Cox Yeats continued to protect and care for its people – its greatest assets – while providing a seamless service to clients, the firm continued working remotely, with its professionals on call when required. Significantly, Cox Yeats continues to attract and retain the top talents as they enter the profession. January 2021 brought about the appointment of eight new professionals, comprising one associate and seven candidate attorneys. This steady
growth in skills and expertise is necessary to provide clients with the level of services needed. Being part of a firm where every individual is encouraged to reach their potential is one of Cox Yeats’ most appealing offerings. In addition, Cox Yeats is delighted to advise that Andrew Clark has agreed to accept the appointment as the firm’s new managing partner. “Importantly, he has the unanimous support of all the partners. I am confident that, under his leadership, the firm will continue to grow and prosper,” says Michael Jackson, the outgoing managing partner. After 10 successful years of leading the firm, Jackson will still be on hand to pro-
vide foundational support as well as to continue with the financial management of the firm. “I am very excited about the new challenge of being the firm’s managing partner,” commented Clark. “I am fortunate to be surrounded by a fantastic group of partners, all of whom are excellent lawyers in their own right, and a core group of senior partners who will continue to play an important role in both the management and strategic direction of the firm going forward. Our intention is to take the firm from strength to strength,” concluded Clark. For more information, visit www. coxyeats.co.za
SPECIALISTS IN COMMERCIAL, NATURAL RESOURCES, CONSTRUCTION, PROPERTY, LABOUR, INFORMATION & COMMUNICATION TECHNOLOGY, MARITIME, INSURANCE AND INSOLVENCY LAW. Ncondo Chambers, Vuna Close, Umhlanga Ridge, Durban | 031 536 8500 www.coxyeats.co.za 4 Sandown Valley Crescent, Sandton, Gauteng | 010 015 5800 www.coxyeats.co.za
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LEADING LAW Pravin Hurri 084 810 1818 | pravin.hurri@inl.co.za
THE CLOCK IS TICKING – THREE MONTHS TO GO... THE grace period for complying with the Protection of Personal Information Act (Act) will soon end. By July 1, 2021, every business in South Africa must comply with the Act’s eight conditions for lawfully processing personal information. The Act applies to “responsible parties”, which it defines as public or private bodies or persons which alone or together with others, determine how and for what purposes personal information will be processed. To help with your compliance journey, ask yourself: WHO – Whose personal information do you process? Aside from personal information of employees, customers and suppliers, you may process data belonging to shareholders, job applicants, potential customers and tenderers. WHY – Why do you need to process the personal information? The Act requires that you only process personal information needed for “a specific, explicitly defined and lawful purpose” related to your functions or activities. Best practice for purpose specifications recommended by the European Data Protection Board (EDPB) Guidelines on Transparency under Regulation 2016/679 (wp260rev.01) are: keeping your language and words simple, avoiding technicalities and legalities, using definite words and avoiding words like “may”, “might”, “some”, “often” and “possible”. The purpose statement “We may use your personal data to develop new services” isn’t acceptable, because it doesn’t explain what services are being provided, and why the personal information is needed to develop those services. The guidelines say that: “We will retain and evalu
For more information, contact: Jenny Finnigan, Partner in the Commercial Law Department, Shepstone & Wylie Attorneys on 031 575 7406 or Email finnigan@wylie.co.za ate information on your recent visits to our website and how you move around different sections of our website for analytics purposes to understand how people use our website so that we can make it more intuitive” is a better example. WHAT – What personal information are you processing? Only process what you need for the specified purposes because processing more person-
al information than necessary contravenes the condition of minimality. HOW – How do you process personal information? Track the information within your business and between your service providers, and identify the people who process it. Document who does what with the information. The Act obliges you to have a written contract with your service providers who process personal information (operators), binding them to comply with the security requirements imposed by the Act. As you remain responsible for processing done by operators, your contract should also regulate service standards, include indemnities for noncompliance and reporting obligations (including immediately notifying you of any data breaches). WHERE – Where is the personal information processed? What is the data point of rest for all personal information processed within your business (eg on your website, email system and storage and backup systems) and by your operators? Transfer of personal information outside South Africa is restricted by the Act. You must find out where your information ends up (physically and virtually) and what data privacy laws apply in that location.
The Information Regulator appears to accept that the data privacy laws in Europe and the UK are at least equal to the Act, but if data ends up elsewhere, you may have to conclude an agreement with your offshore operator binding it to comply with the data privacy standards prescribed by the Act. Start by mapping the personal information you process and the rest of your compliance obligations will follow.
THE IMPORTANCE OF A WILL Why should I have a will? A will allows you to decide who your beneficiaries and the executor of your estate should be after you have passed away. It will also place you in a position to appoint a guardian of your choice to take care of your children. What happens to your assets if you die without a will? Your estate will be distributed in terms of the law of intestate succession. This may include beneficiaries whom you may not have wished to benefit or may exclude persons whom you would have preferred to benefit. The Master of the High Court will appoint a tutor or curator to take care of, or administer the property of your minor children and their inheritance will go to the Guardians’ Fund. A guardian, who may be different to the person you would have preferred to care for your children, may be appointed by the court for that purpose. Finally, when a person dies intestate, the master appoints an executor of the estate. What are the duties of an executor of a will? The main tasks of the executor or executrix are to: Identify and list all the assets of the deceased; Receive payments that are due to the estate such as interest, dividends, investments and other income (eg: unpaid sala ry, leave pay and other company benefits); Give notice to creditors to prove their claims; Pay funeral bills, outstanding debts, and valid claims against
the estate; File and pay income and estate taxes; Identify who is going to get what and how much, and dis tribute it as per the instructions set out in the will; and Realise assets which require to be realised. Once the will is fully completed, you sign and date it in the presence of two witnesses in order for it to be valid. Both witnesses must be of the age of 14 or above and be competent to give evidence in a court of law. A person must be of sound mind as a test of his/her ability to give evidence in court. A beneficiary in a will must not be involved in the drawing up or attesting to a will as witnesses. A person who attests and signs a will as a witness or is involved in the drafting of a will is disqualified from benefiting under the will. What documents are needed when drawing up a will? You need the following documents to draw up a will: The name and identification details of the executor of your estate; The name and ID number of your spouse and how you are married (in community of property, out of community of property, etc.); Copy of a marriage certificate. Did you divorce recently? If so, a copy of the decree of divorce and settlement agree ment will be required; The full names and ID numbers of all your children, in cluding adopted and stepchildren, you wish to benefit from
your will; The names and ID numbers of any grandchildren you would like included; The name and contact details of a guardian in case you have minor children; Details of the assets you wish to be donated to institutions such as a church, hospice, orphanage; Details of any other party or institution you wish to ben efit; Copies of title deeds in respect of immovable properties in South Africa or mortgage bonds thereof; Copies of insurance policies, such as endowment poli cies, life policies, credit life policies etc; and An inventory of liabilities. Who can draw up a will? It is important to have a person with the necessary knowledge and expertise to draw up your will. A law firm, your bank, or a trust company can help you in drawing up a will. The will must be clear, concise, represent the true intentions of the testator and meet certain legal requirements for it to be valid. Wills drafted by those with little or no experience usually lead to problems. Remember: Every year, for one week, usually during September, attorneys draft free basic wills for members of the public. (Source: https://www.fsb.co.za/Departments/ consumerEducation/Documents/Wills.pdf)
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LEADING LAW Pravin Hurri 084 810 1818 | pravin.hurri@inl.co.za
Adams & Adams – Investing and operating in Africa
Vishen Pillay
Nishi Chetty
Amina Suliman
ADAMS & ADAMS is an internationally recognised firm of legal specialists practising in Intellectual Property (IP), corporate and property law, and dispute resolution. Its offices are located across South Africa with associate offices in several African countries As one of the largest IP law practices in Africa, the firm represents both local and international industry leaders across the continent. It is no surprise that 240 Fortune500 companies rely on Adams & Adams to protect their IP rights and commercial interests. Adams & Adams is recognised for excellence in global legal practice, and the team is consistently ranked as a Tier-1 IP firm by industry bodies worldwide and is acknowledged by renowned peer-review indices. The firm has been lauded for its outstanding contribution to the development and promotion of IP rights on the continent, including being named Intellectual Property Law Firm of the Year in South Africa (Best Lawyers), South African IP Law Firm of 2020 (Managing Intellectual Property) and is certified as a Top Tier IP Law Firm in 2021 by multiple global directories including Chambers Global, World Trade Mark review and World IP review. The firm’s leadership position is reflected in its high-quality work, its valuable client relationships, the quality of its professionals, as well as its culture of inclusivity, diversity and equality. Adams & Adams recently announced the appointment of its first female chairperson in its 113-year history. Kelly Thompson, who hails from Durban, is one of 28 women who make up 42% of the firm’s partners. Nishi Chetty, Vishen Pillay and Amina Suliman head up a dynamic team of IP professionals at the firm’s Durban office. Trade Mark and Copyright Partner, Nishi Chetty, works with both established and emerging new brands to enable clients to both protect and realise the commercial value of their trade mark rights. In 2020 she was recognised as a WIPR Leader by the World IP Review. This is an organisation that specifically focuses on news and analysis of issues in intellectual property, and which also recognises leading IP practitioners across patent, trade mark, and copyright practices globally. Patent Partner, Vishen Pillay, dedicates a significant portion of his practice towards teaching entrepreneurs and innovators that their intellectual capital is a vital component of their asset mix, which can be used to expand their participation in their industry and to maximise profits. He further enables clients to obtain the appropriate patent protection from concept to launch. Pillay has been recognised by Best Lawyers, a highly respected legal profession peer review publication. Partner and trade mark attorney, Amina Suliman, is a qualified trade mark practitioner, with over 10 years experience in the legal field. She specialises in trade mark portfolio management and litigation, including oppositions in South Africa and abroad. All three of these accomplished legal professionals are specialists in their fields and are able to assist any business to include IP protection and commercialisation into their business plans and operations. Contact Nishi Chetty, Amina Suliman and Vishen Pillay to learn more about how the firm can be of assistance to you and your business. Email dbn@adams.africa or call 031 536 3740.
