Overview of our services…
We are only here to take care of your legal issues so that you can focus on what you do best. Our approach to legal services stems from years of expertise in corporate law companies, years in South African courtrooms, and a background in establishing start-ups.
In this way, we communicate in the languages of creativity and legality.
Municipal Law
A family in conflict is never a pleasant thing to go through, but we are here to help during this time.
In detail…
The entire relationship between a municipality and a person residing in, working in, or perhaps just visiting the municipality’s territory is the subject of the special area of law known as municipal law.
This includes property law, human rights law, housing law, water law, valuations law, public law, administrative law, criminal law, information law, and consumer law.
Allegations that the municipality has infringed on a consumer’s rights in some way are the basis of the majority of disputes under municipal law. Not just localities have a habit of treating customers unfairly.
This frequently occurs with parastatals (like Eskom), federal, state, and local government agencies, as well as other state-owned organizations like SAA or Transnet. These organizations/departments fall under the majority of the same guidelines that apply to municipalities, and as a result, our department also deals with them.
The kinds of disputes we typically handle include the following:
- where a municipality incorrectly bills a person for amounts that they do not owe (including all municipal charges such as electricity, water, rates, refuse, sewer, gas, engineering contributions and exactions),
- disconnects their electricity or water supply unlawfully,
- does not account to a consumer properly for charges as a result of incorrect or malfunctioning meters, leaks, incorrect factoring, estimated charges not being reconciled to actual charges, incorrect account reconciliations,
- summonses a consumer for amounts that they do not owe,
- refuses or simply doesn’t bother to issue permission or license,
- fails to give emergency housing to unlawful occupiers (who are the most vulnerable people in our society),
- fails to deliver municipal services such as refuse or sewerage removal,
- fails to repair municipal infrastructures such as roads or substations or pump plants,
- fails to decide applications (such as town planning, building plan, heritage, consolidation, subdivision, notarial tie, consent use, or other kinds of applications),
- fails to control and stop illegal activities such as violations of town planning, building and health laws, and
- fails to produce important documents like job cards or rates clearance certificates when required by law to do so.
It is crucial that municipalities (also known as local government) operate legally, and effectively, and in doing so, protect and foster the rights of their consumers. Municipalities, or local governments, are the legal entities responsible for delivering the services that our government provides to its customers (the citizens of this country).
Property Law
A diligent and efficient approach to property law, from your rights to property transfers.
In detail…
All property-related issues that are not conveyancing or notarial in nature are handled by the property law department (as well as certain complex property transactions linked to conveyancing and notarial instructions).
Our firm has extensive experience in all aspects of law and government legal services, including residential and commercial leases, evictions and rental disputes, spoliation applications, building agreements and disputes, property-related arbitrations, complaints to the CSOS Ombud, negotiation and drafting of complex servitude, notarial tie, and other conveyancing and notarial transactions.
We can also assist with any tax-related issues relating to property, property-owning and managing enterprises, and restructuring of property holdings.
In addition, our firm offers estate planning and drafting of wills, letters of wishes, buy and sell agreements, and other estate planning instruments. We also provide corporate restructuring for property-rich entities, exchange control advice, and applications for approval.
Lastly, we offer all types of sale and lease agreements, including all forms of corporate financing agreements, and all aspects of credit security, including notarial bonds, suretyship agreements, indemnities, guarantees, cessions, and pledges of shares or other securities, and mortgage bonds.
Our firm has a wealth of experience in assisting clients with their legal needs, and we are able to provide a comprehensive range of services to our clients.
We are able to assist with the formation of companies and trusts, and we can advise on the best way to structure your business. We also have a team of experienced lawyers who can assist with the drafting of contracts, and we can provide advice on a wide range of legal matters.
Antenuptial Contracts
It’s important that you plan ahead if you want your ANC to be ready before your wedding day.
In detail…
Introduction
An antenuptial contract, also known as a prenuptial agreement, is an important legal document that couples should consider when getting married in South Africa. It is a contract between two people who are about to get married and sets out how their assets and liabilities will be divided in the event of death or divorce. This document is especially important for couples who have significant assets or liabilities, such as businesses or large amounts of money. It can also help protect both parties from any financial losses due to unforeseen circumstances. In this article, we’ll look at why it’s important to have an antenuptial contract in South Africa and how it works.
What is an Antenuptial Contract?
An antenuptial contract (ANC) is a legally binding agreement between two people who are about to get married. It sets out how their assets and liabilities will be divided in the event of death or divorce. This document is especially important for couples who have significant assets or liabilities, such as businesses or large amounts of money. It can also help protect both parties from any financial losses due to unforeseen circumstances. The ANC must be signed by both parties before the marriage can take place, and it must be registered with the Master of the High Court in order for it to be legally binding.
Furthermore . . . .
An antenuptial contract is essential for couples who want to protect their assets and liabilities in the event of death or divorce. Without one, all assets acquired during the marriage will be shared equally between both partners regardless of who contributed what financially during the marriage. This means that if one partner dies, their assets may not go to their intended beneficiaries (e.g., children). Additionally, without an ANC, creditors may be able to claim against both partners’ assets if either partner defaults on a loan or debt incurred during the marriage – even if only one partner was responsible for taking out the loan or debt. An ANC can help protect both partners from these kinds of scenarios by setting out clearly how assets and liabilities will be divided in these circumstances.
An antenuptial contract typically covers four main areas: property rights, inheritance rights, spousal maintenance rights and financial responsibility during marriage/divorce proceedings. In terms of property rights, an ANC sets out which partner owns which property (e.g., house) before and after marriage; inheritance rights set out which partner inherits what upon death; spousal maintenance rights set out how much each partner should receive if they separate; and financial responsibility sets out which partner should pay what debts/expenses incurred during the marriage/divorce proceedings (e.g., legal fees).
To get an antenuptial contract in South Africa you can contact one of our lawyers who specialises in family law – they’ll be able to advise you on what needs to go into your ANC and help you draw up a legally binding document that meets your needs. Once you have your ANC drawn up by your lawyer it must then be signed by both parties before being registered with the Master of the High Court – this process usually takes around six weeks so it’s important that you plan ahead if you want your ANC to be ready before your wedding day!
Criminal Law
No matter what legal problems you may be facing, you can rest assured that Vermaak Attorneys will be there to help you every step of the way.
In detail…
Vermaak Attorneys will represent clients in bail hearings both at the police station and in court. Vermaak Attorneys aspires to preserve the rights of the individual and will ensure that such rights are protected at all times and that the accused receives a fair trial.
If you are in need of legal assistance, Vermaak Attorneys is the firm for you. They can assist you with everything from bail to trial and will guide you through the entire process.
Vermaak Attorneys provides criminal law assistance and will educate you on your rights so that you are aware of them and will be protected in the future.
Vermaak Attorneys has experience in criminal law and will educate you on your rights so that you are aware of them and will be protected in the future. No matter what legal problems you may be facing, you can rest assured that Vermaak Attorneys will be there to help you every step of the way.
No matter what legal problems you may be facing, you can rest assured that Vermaak Attorneys will be there to help you every step of the way.
Labour Law
Knowledge, clarity and preparation is the key to success in delicate workplace relations.
In detail…
In today’s increasingly competitive market, it is critical for a firm to be able to attract and retain the top employees. This necessitates a proactive strategy to managing and meeting employee expectations, as well as an open and innovative approach to corporate resourcing.
In this dynamic environment, labor law provides the legal framework within which firms and employees interact. Employment law in South Africa has gotten increasingly complex as a result of broad governmental intervention.
It is critical to stay up to date on the newest legal changes in legislation and case law, as noncompliance with legal responsibilities can be costly.
Our employment team offers a comprehensive range of labor law services, including labor litigation, the development of labor-related contracts, and legal opinions on labor-related legislation.
Our areas of specialization include the following:
- Senior executive terminations
- Unfair labour practices (promotion, demotion, training, benefits, unfair suspension and disciplinary action short of dismissal)
- Workplace discipline (disciplinary procedures, conducting disciplinary enquiries and chairing disciplinary hearings)
- Dismissals (termination with or without notice, constructive, automatically unfair, misconduct, operational requirements (retrenchments) and incapacity including poor work performance, incompatibility and ill-health)
- Restructuring and organizational development
- Strikes and protest action, dismissal of unprotected strikers and lock-outs
- Collective labour law, including dealing with trade unions, organizational rights issues, and industrial action
- Pension fund, provident fund and retirement annuity disputes
- Drafting specialized employment agreements including restraint of trade agreements and employee invention and secrecy agreements
- Advice on temporary employment services (labour brokers)
- Closures, mergers and sales of businesses in the context of section 197 of the Labour Relations Act
- Instituting or defending matters in the CCMA, bargaining councils, Labour Court, Labour Appeal Court, High Court, Supreme Court of Appeal and Constitutional Court
- Advice on compliance with all labor legislation.
Commercial Law
Knowledge, clarity and preparation is the key to success in delicate workplace relations.
In detail…
Our clients rely on us for our deep understanding of the law and our ability to provide practical and effective solutions to their legal challenges.
At our law firm, we pride ourselves on our comprehensive competence in most areas of corporate, commercial, and property law.
Because of our comprehensive competence in most areas of corporate, commercial, and property law, we are able to provide high-quality commercial legal counsel to a diverse variety of local and multinational customers.
Our department, which consists of skilled and open-minded attorneys, chartered accountants, notaries, conveyancers, and tax practitioners, provides the following services:
- Negotiating, drafting, implementing and interpreting commercial agreements that are extremely varied in their nature to a commercial client base that reaches all areas of the commerce spectrum.
- Mergers and acquisitions, joint ventures and strategic alliances, business reorganisations and restructurings, SMME business, commercial advice and structuring, corporate governance and BEE transactions.
- Advice on, and professional assistance with, the incorporation of juristic entities, including all types of trusts, takeovers of existing entities and the personalisation thereof, the preparation and registration of all corporate documentation, including, memorandum of incorporations, company resolutions, shareholders’ agreements, loan agreements, liquidation and sequestration applications, buy/sell agreements and share acquisition agreements.
- Tax advice from our registered tax practitioners on all transactions, including mergers and acquisitions, transactions involving offshore entities, corporate group restructurings, foreign loan approvals and exchange controls, the structuring and restructuring of corporate and shareholder’s loans, declaring of dividends, voluntary and compulsory sequestrations and de-registrations.
- Cross-border advice to companies at a strategic level and managing the implementation of complex transactions both domestically and internationally.
- Corporate financial management, including the supervision of auditors/accounting officers/bookeepers in the preparation of annual financial statements, conducting of audits and forensic audits and the day to day financial management of corporations.
- Comprehensive statutory company secretarial services.
IMPRINT
Vermaak Attorneys | 159 Monument Avenue, Lyttelton Manor, Centurion, Gauteng
Phone: +27 (0)12 880 2904 | Email: info@vermaaklaw.com
Legal Practice Council Member: 34489
Located in Centurion, Gauteng, the law firm of Vermaak Attorneys represents clients throughout South Africa, including, but not limited to the cities of Johannesburg, Pretoria, Cape Town, Bloemfontein, Durban, Port Elizabeth, Pietermarizburg, and East London.
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