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Wednesday, March 31, March 202230 2022
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Wednesday, March 30 2022
SD Moloi and Associates celebrates 30 years of excellence in legal services SD MOLOI and Associates Incorporated is celebrating three full decades of continued legal excellence. Founded by Siphiwe Desmond Moloi, the firm opened its doors to the public for the first time on March 1, 1992. At that time, the firm was operating with only one attorney and one secretary. “Today, the firm has five professional attorneys, one candidate attorney and 10 support staff, as well as one partner, Reema Rughoonandan,” says Moloi. “We have travelled this journey of professional excellence through persistence, professional competence, diligence, integrity, reliability and most importantly, service excellence.” Moloi says the firm’s continued existence over the past 30 years has been driven by its relentless devotion to servicing its clients adequately – doing so being driven by its core mission statements of accessibility, reliability and accountability towards its clients. The firm’s knowledgeable and diligent professional staff is always on standby and ready to help its clients get exceptional legal assistance and the representation they deserve costeffectively. Staff members also ensure that clients
know and understand their rights pertaining to every controversy one might come across in life. Moloi says the firm is now providing legal services to various state organs, including municipalities and corporate entities, in addition to its work for private clients. “The firm also accommodates the indigent members of our society as our form of support and participation in the development of public interest law,” adds Moloi. In celebration of SD Moloi and Associates’ 30 years of continued existence, Moloi and his team convey their profound gratitude to all those individuals, businesses, government entities and the like, that the firm has – and still continues to service. The firm highly appreciates their support, and hopes to continue these existing working relationships. The firm’s continued existence for the past 30 years is a sign that it can be trusted with any kind of work, given the level of experience it has obtained thus far. For further information, email: reception@sdmoloi.com. Durban: 031 301 2812/2950/2876 Johannesburg: 011 483 1527/8
Thinking of tying the knot? This is how marriage contracts affect home ownership THERE are several marital systems recognised by the South African Deeds Office, each of which will influence the property transactions in different ways. Understanding this can help homeowners make good investment decisions upfront. “Buying a home as a married couple can be an exciting step in the couple’s life together. However, it is important to adopt a long-term view on any real estate investment. I would therefore encourage all married couples to understand how their marriage contract will affect them in relation to owning a home together,” says Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa. Below, Goslett explains each option for registering a home at the Deeds Office. In Community of Property This marriage contract is the epitome of what’s yours is mine and what’s mine is yours. In these instances, any home purchased between the couple will be jointly registered in the name of both spouses. This also means that if you owned property before becoming married, the property will automatically form part of the joint estate after you are married. This means that you cannot sell the home without first obtaining the consent of your spouse, as he/she will now own that home jointly with you. A possible exception is if you inherited a property subject to a condition that stipulated that the inherited property is excluded from any future joint estates. Out of Community of Property Also referred to as an ante nuptial contract (ANC), these contracts typically exist to protect any assets going into a marriage. In these instances, you are free to own and purchase property in your own name without the consent of your spouse. However, you are also able to purchase a property jointly if this is what you wish to do. These contracts will differ depending on whether the ANC includes or excludes the accrual system. In an ANC without accrual, the two estates remain separate during the marriage. But, an ANC with accrual means that while the two estates prior to marriage are separated, after the date of marriage the two estates become joined
and any property may then form part of the accrual unless it is expressly excluded within the ANC. If the marriage dissolves or there is a death of a spouse, then the items accrued during the marriage (unless expressly excluded in the ANC) are split fairly between the individuals. According to laws of a foreign country When a couple is married under the laws of any country outside of South Africa, then the they are able to own property separately from their spouse and can have the property registered in their own names. They may also choose to purchase property together as co-owners if this is what they prefer. The only snag is when the property is sold; whoever is the registered owner of the property will need to be duly assisted by their spouse to conclude the transfer. “No matter how your marriage is structured, owning property either jointly or separately will help ensure greater financial security for the household. Those who wish to learn more about the topic should reach out to an attorney. To find out what real estate investments are available to them, I would also encourage married couples to get in touch with their nearest agent to see what homes are available within their price range,” Goslett concludes. *This article was previously published on IOL
Wednesday, March 30 2022
MAYNARD MENON GOVENDER SINGH INCORPORATED Be the change ... “SHOW me your friends and I will tell you who you are.” This age-old wisdom remains true and applicable today. But for the Maynard Menon Govender Singh Incorporated team, this adapted version is far more relevant: “Show us who your lawyers are and we will tell you who you are.” ‘What we nurture is what grows’ Maynard Menon Govender Singh Incorporated is a pre-eminent, ground up and re-defined legal team seeded and strengthened in the fertile and constitutionally compliant post-1994 ground. It is a firm committed to purist egalitarianism, with solid principles that are never subservient to the relentless and often ruthless pursuit of profit. It is proudly a firm that provides exceptional service within the context of a completely prejudice free environment. “When I look at the profile, presence and reputation of this law firm, in my view, I think now this was the dream of our Freedom Charter.” – Dr Ela Gandhi – Peace activist and granddaughter of the late Mahatma Gandhi. “I anticipate that this law firm will become a leading centre for critically-needed and progressive public engagement and debate.” – Professor Robert van Niekerk – Chair of public governance at the Wits School of Governance. With a branch office now in Cape Town completing the firm’s national footprint, and a 1 000-m2 purpose-built bespoke head office with state-of-the-art architecture, leading-edge systems and Zen energy – Maynard Menon Govender Singh Incorporated’s “showroom” nevertheless remains a servant of its “store room”.
“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 full-square 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 Africans should aspire to build. As a friend of the firm, I wish them well in the years ahead.” Vishnu Padayachee (1952 - 2021) – former distinguished professor and Derek Schrier and Cecily Cameron Chair in Development Economics at Wits School of Economics and Finance. With six full-time conveyancers, 15 full-time attorneys and a handpicked selection of industry expert consultants – the firm offers a full spectrum of legal services. “This is one of the best law firms that I have dealt with. I recommend Maynard Menon Govender Singh without hesitation.” – Ian Odendaal, CEO at Omnigro Property Developers (Cape Town). If this narrative is meaningful to you and moves you, Maynard Menon Govender Singh Incorporated looks forward to welcoming you at one of the offices for tea and a chat. To make contact with the firm, call 087 057 5598.
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Wednesday, March 30 2022
Mooney Ford offers full spectrum of legal services MOONEY Ford Attorneys was first established when Edward Holgate and Fred Blamey formed a partnership in 1902 known as Blamey Holgate. In 1955, the firm merged with Renaud, Fellows-Smith and Mooney – and so the name Mooney Ford and Partners was born. The firm continued under this name until 2002, when they changed to the present-day Mooney Ford Attorneys. Mooney Ford offers a full spectrum of legal services including all aspects pertaining to property law; commercial law (including issues pertaining to corporate governance in relation to the Companies Act and other applicable legislation); shareholder and partnership disputes; insurance law; the creation and administration of trusts, wills and estates; labour and employment law; family law; and the recovery of outstanding debts. Although the firm is celebrating its 120th year in the legal industry and remains steadfast in its resolve to continue to hold onto a deep
Mooney Ford partner, Ashton Naidoo (left), with Radie Botha, an associate at the practice.
and abiding respect for the traditions relating to law and the practise thereof, its takes pride in being made up of dynamic and forward-thinking thought leaders in their various areas of expertise. As an example, the firm pioneered the service of process via social media, and created law in the process. Throughout its history, the firm has maintained strong roots in the KZN community and it was pleased to be able to offer free advice to the public about the law pertaining to the lockdown in 2020 through a weekly segment on East Coast Radio. In addition, the firm led an extensive free online
webinar series throughout the initial stages of the lockdown. Aimed primarily at the property industry, it gave estate agents training and provided them with other useful information. Mooney Ford also spent considerable time and effort in assisting the Restaurant Association of South Africa in negotiating with the Department of Trade and Industry on a pro bono basis, which ultimately played a role in the lockdown regulations being relaxed – thus helping to save countless businesses and jobs in the process. Mooney Ford’s social responsibility programmes are
aimed primarily at providing a good quality foundation education for previously disadvantaged communities, and the firm has been involved in educational initiatives for a considerable period of time. Its initiatives have ranged from providing rural schools with a fullyequipped science facility and contributing to the funding of a primary school in the northern Drakensberg, to meeting the very basic need of providing young children with a healthy meal when attending pre-school. The firm is passionate about creating opportunities for
young people who may need a helping hand in life, and its commitment to the youth remains steadfast. Mooney Ford is inspired and driven by getting results, by serving the interests of its clients in their chosen markets by addressing their legal challenges and opportunities, so that they can focus on achieving their objectives. The firm’s experienced and passionate attorneys do this by diagnosing problems, crafting solutions, building strategies, simplifying complexities, giving sound advice, protecting their clients’ interests and giving them peace of mind.
New pandemic rules for the workplace will come into effect from April
FOR decades, health and safety rules applicable to work places were relatively stable and unchanged. However, since the outbreak of the Covid-19 pandemic, new health and safety rules and regulations for the workplace required employers to shift gears into high speed, in order to comply. Whilst there have been announcements hinting at possible relaxation of measures to mitigate against the risks of Covid-19 in the workplace, no legal steps have in fact altered the status quo. On March 15, 2022, a new Code of Good Practice on managing exposure to Covid19 in workplaces was issued. The new code will only take effect once the National State of Disaster lapses, and as it currently stands, that date is April 15, 2022. The new code gives employers the right to require employees to disclose their vaccination status and to implement mandatory vaccination rules, based on the outcome of its risk assessment and Covid-19 workplace plan. This means that if, after carrying out a risk assessment,
the employer’s findings are that certain categories of employees (or all employees, dependent on the nature of the working environment) are potentially at high-risk of contracting or spreading the virus then the employer may opt to make it obligatory for employees to be vaccinated. The new code provides for limited grounds for refusal to comply. Only if the employee provides a medical certificate, attesting to the fact that the employee has contraindications for vaccination, shall the employer be obliged to explore alternatives/ reasonable accommodation. If the employer opts to contest a medical opinion of this nature, the employer may insist on such assessment being confirmed independently, at its own expense. The new code will not require symptom screening, however, the rules relating to hygiene standards, social distancing and the wearing of masks at work remain intact. For any employment and labour disputes please contact Michelle Naidoo on michellen@mfp.co.za.
Wednesday, March 30 2022
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COX YEATS ATTORNEYS – REFLECT AND RECHARGE THE “covid factor” that has permeated the world as we knew it over the past two years has spurred a whole new lexicon, as people tried to put into words the impact the virus has had on their lives. Pushed beyond previously unimaginable physical and emotional limits, and with lives and livelihoods lost, South Africans have risen up and moved forward because we are resilient and passionate people. The words of Nelson Mandela, one of South Africa’s greatest examples of resilience, come to mind and serve as an inspiration to all of us as we reflect on the year that was and recharge for the year ahead with passion and purpose. “Everyone can rise above their circumstances and achieve success if they are dedicated to and passionate about what they do.” – Nelson Mandela. “By being passionate about what we do, the firm has indeed risen above the prevailing circumstances. Embracing technology, protecting and taking care of our greatest asset – our staff – we were able to continue operating at optimum levels in 2021. All staff members are now fully set up to be able to work remotely from home, as well as from the office when necessary. This has been the key to being fully available to our clients at all times,” says Andrew
Andrew Clark, managing partner of Cox Yeats Attorneys. Clark, managing partner of Cox Yeats Attorneys. Galvanised by a clear and compelling purpose to make a positive difference in the world as “the most dynamic and innovative law firm offering highly personalised expertise” – Cox Yeats has emerged from 2021 a stronger and more committed team than ever before. Even under such challenging circumstances, the firm, which is consistently rated one of South Africa’s top law firms, was able to achieve excellence on many
levels. The annual PMR.africa national survey awarded Cox Yeats a coveted Diamond Arrow Award for the fourth consecutive year for the top-rated law firm in South Africa in the category: Medium-sized law firms. Fourteen of the firm’s partners, from both the Gauteng and Durban offices, were recognised in the 13th Edition of Best Lawyers in South Africa. The Lawyer of the Year accolade (Construction Law) was awarded to Richard Hoal – a recognition given to the nominee earning the highest overall peer-
feedback for a specific practice area and geographic region; only one lawyer is recognised for each speciality and location. “We are extremely proud of the ever-expanding range of expertise displayed by our legal team,” says Clark. “It speaks to our consistent efforts to attract and retain top talent within the legal profession, in order to be able to provide tailor-made legal solutions to our clients, across a wide range of industry sectors and disciplines in both the private and public
sector.” The firm’s principles of hard work, passion and commitment, coupled with young and energetic attorneys who pride themselves on their individuality and competitiveness, tempered by the experience of longstanding professionals, will enable Cox Yeats to embrace and evolve in the fast-changing and challenging world with enthusiasm and excellence, giving clients the best possible legal advantage, from a team at the top of their game.
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Wednesday, March 30 2022
J Leslie Smith & Co – More than a century of sound legal advice and expertise Surviving and thriving for more than a century in business is in itself a great achievement J LESLIE SMITH & Company celebrated its first centenary in April 2021. This medium-sized B-BBEE Level 1 status firm was founded on strong family values and focuses on providing bespoke legal services. These values are passed down from generations of professionals serving at the firm. The firm has its main office in Pietermaritzburg and has expanded its services to the Howick and Pennington communities, with branch offices in both towns. “Not only do we practice law with passion and commitment, representing large commercial entities, among others, but we are also charitably minded and are actively involved with our broader community,” says Margaret McCullough, chairperson of J Leslie Smith & Co. McCullough is the first woman chairperson of the firm and head of the board of directors of which the majority are women. The professionals and staff pride themselves in providing legal advice and support designed to take care of their clients’ legal needs, throughout the various stages of their clients’ lives. From concluding an antenuptial contract to advising and drafting a last will and testament to buying a first home, as well as any other legal bumps in their life journeys – you can count on J Leslie Smith & Co. The firm boasts numerous specialists among its ranks of directors. The firm’s property department is overseen by three experienced directors, who are all qualified and experienced attorneys, conveyancers and notaries public. The agency conveyancing department comprises an experienced team of professionals and staff members, who offer support services to clients across South Africa. The team ensures facilitating a smooth process of lodgement to registration of property transactions in the Pietermaritzburg Deeds Registry and related services. Furthermore, 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. “We are committed to making a difference and involve ourselves in activities and organisations that assist the elderly, the youth of our community, environment, our animals – both wild and domesticated, as well as the 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 and Company Incorporated by email on jls@jleslie.co.za
Shepstone & Wylie Attorneys – A hallmark of excellence SHEPSTONE & Wylie is a highly respected corporate law firm with a hallmark of excellence and renowned standards of integrity and confidentiality. Established in 1892, Shepstone & Wylie has evolved into a multi-disciplinary law firm which attracts some of the country’s finest legal minds. The dynamic team of industry specialists is thoroughly conversant with all aspects of the law and backed by vast experience and integrity. The firm prides itself on delivering innovative and practical solutions to its clients. Its head office is based in Durban, KwaZulu-Natal, with branches in Johannesburg, Cape Town, Pietermaritzburg and Richards Bay. The firm offers an accessible and complete legal service to its diverse client base. Shepstone & Wylie holds extensive experience in the following aspects of law: • Corporate and commercial • Competition and anti-trust • Tax • Trustee services • Transformation • Finance, projects and banking • Commercial property and general conveyancing • Employment law
• Commercial litigation • Dispute resolution • Child and family • Customs and excise • International transport, trade and energy • Maritime • Environmental and clean energy • Pensions • Aviation • Mining and minerals • Administrative and local government • Insolvency, business re-structuring and rescue • Mediation The firm is committed to: – Providing its clients with a highly professional and specialised service throughout Southern Africa, while always maintaining the firm’s commitment to responsible corporate citizenship. – Empowerment and transformation in our society. – High standards of integrity and confidentiality. – Innovative, business-like and practical solutions. – Objective and realistic advice. – Fair and competitive fees. See page 8 of this supplement for the Shepstone & Wylie advertisement.
Wednesday, March 30 2022
Adams & Adams – Globally recognised and locally based to support intellectual property
Nishi Chetty ADAMS & ADAMS is an internationally-recognised firm of legal specialists practising in intellectual property (IP), corporate and property law, and dispute resolution. As one of the largest IP law practices in Africa, the firm has offices located across South Africa with associate offices in several countries on the continent. The firm is consistently ranked as a tier-1 IP firm by industry bodies worldwide and is acknowledged by renowned peer-review indices. Accolades include 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 certified as a Top Tier IP Law Firm in 2021 by multiple global directories such as Chambers Global, World Trade Mark Review, and World IP Review (WIPR). Nishi Chetty, Vishen Pillay and Amina Suliman head up the firm’s Durban office. All three legal professionals are specialists in their fields and are able to assist any business to include IP protection and commercialisation into their strategy and operations. Trademark and copyright partner, Nishi Chetty works with both established and emerging new brands to enable clients to protect and realise the commercial value of their trademark rights. In 2021, she was named as both WIPR leader and a Diversity Champion by the World IP Review, which recognises leading IP practitioners across patent, trademark and copyright practices globally. Patent partner, Vishen Pillay dedicates a significant portion of his practice towards educating entrepreneurs
Vishen Pillay and innovators about their intellectual capital as a vital component to their asset mix. He further enables clients to obtain the appropriate patent protection from concept to launch. As part of his commitment to driving local innovation, Pillay has served as a judge on the Pitching Den, an initiative allowing innovators to pitch their business concepts and connect with investors at the Innovation Festival Durban. Adams & Adams is the exclusive IP law firm partner of this event, which explores the latest trends in innovation from both a global and local perspective. Pillay has been recognised by Best Lawyers, a highly respected legal profession peer review publication, as well as by Patents IAM 1000, which shines a spotlight on firms and individuals who are deemed outstanding in patent law. Partner and trademark attorney, Amina Suliman is a qualified trademark practitioner with more than 10 years of experience in the legal field. She specialises in trademark portfolio management and litigation, including oppositions in South Africa and abroad. As a team, they have participated in the WIPO Academy South Africa Summer School on IP, providing support to young professionals and students in expanding their IP knowledge and skills. Demonstrating IP expertise, quality work and local insight – the Adams & Adams Durban office ensures that the IP of their clients is in safe hands. 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 or visit: www.adams.africa
Amina Suliman
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