Mediation is the art of finding an amicable solution for two opposing parties in such a way that the solution can be implemented practically.
Mediation and arbitration can be utilized in a variety of ways in order to achieve settlement in a more structured form than would be the case by means of ordinary negotiation.
The professional mediators at Symington De Kok are committed to resolving problems in a cost-effective manner.
Commercial law encompasses the body of law that regulates the rights, relations and conduct of persons or entities involved in commercial undertakings.
Before undertaking a new business venture or entering into any contractual agreements it is of the utmost importance that sound legal advice be obtained in order to ensure that the rights and obligations of all parties concerned will be regulated and protected.
Whether a business is conducted in order to generate profit, or as non-profit entity, sound advice regarding the establishment, registration and general governance thereof in terms of the law is needed.
There are different forms of business structures which can be utilized as vehicles through which to run a successful business which can limit personal liability and to make provision for growth.
At Symington De Kok our team is able to provide excellent guidance regarding all aspects of the law governing close corporations and companies, whether established or in the process thereof.
Constitutional law is a body of law which provides the legal foundation for the existence of the Republic, sets out the rights and duties of its citizens, and defines the structure of the Government.
The Constitution of South Africa is the Supreme Law of the country and the Constitutional Court is in turn the highest court of appeal in the country. The Constitutional Court has the jurisdiction to determine not only constitutional matters but also any other matter, if the Constitutional Court grants leave to appeal on the grounds that the matter raises an arguable point of law of general public importance which ought to be considered by that Court.
Symington De Kok attorneys can provide assistance and advice to clients in order to utilise the Constitution to protect and enforce their rights. Through our Litigation Department and by utilising our countrywide network of advocates and correspondents, we are able to attend to any matters related to Constitutional Law.
In today’s construction environment, which is renowned for its fluctuating business methods, it is important for sound construction agreements to be in place in order to protect all the relevant parties to any project, no matter how big or small.
We aim to set out a clear, balanced and enforceable set of procedures, rights and obligations which, when precisely managed and administered, protect the employer, contractor and subcontractors alike. Symington De Kok has vast experience in the field of construction law pertaining to any agreements between Government, developers, contractors, subcontractors and end-user clients. We further ensure that, when the situation arises, our clients are especially protected from any risks that might arise through non-compliance and default.
As with any building project, we strive to play an integrated part in completing any project on time with the least amount of friction between the consulting parties. Symington De Kok can render the following construction specific services:
• Any and all building contracts and agreements;
• Advising clients on any risks pertaining to any projects;
• Advising and regulating projects through paymasters;
• Any arbitration and/or litigation pertaining to construction agreements.
Symington De Kok specializes in conveyancing and Notarial Practice, as well as all related matters, such as:
Drafting of Agreements of Sale, Drafting of Lease Agreements, Notarial Leases, Trusts, Ante Nuptial Contracts, Servitudes, Notarial and Conventional Bonds, Powers of Attorney, Wills, Transfers of Property documents, Cancellation of Bonds, Estate Transfers, Insolvency Transfers, Exchange and Rectification Transfers.
As well as the Opening of Townships Registers and Sectional Title Registers. All matters regarding the Property Development Processes which includes applications for sub-division, consolidation and Rezoning.
Criminal law refers to the body of rules, statutes and regulations that govern social conduct between the State and all its subordinates within the determined jurisdiction.
It is very important to note that criminal law does not always refer to the most common crimes, such as theft and assault, but also regulates any statutory penalties in terms of a specific act, which might be applicable to a client’s business or livelihood. At Symington De Kok we ensure that full knowledge pertaining to any contravention of such penalty, is gathered and the full extent of the risks are provided to our clients.
Furthermore we pride ourselves in providing the correct advice in order to avoid or rectify a potential punishable act.
Our experts have full and proper knowledge of the criminal justice system pertaining to all such matters from governing tribunals to the Supreme Court of Appeal.
In any situation that might cause any penalties or risks, Symington De Kok will assist our clients to protect their rights and to find the most amicable solutions.
Symington De Kok utilizes the latest advanced electronic collection centre technology to assist clients with the collection of outstanding debts.
When a client hands over a debtor's book, it is analysed in detail before a decision is taken with regards to the strategy to be followed to collect the debt using the most cost effective method with due regard to the needs of the client.
Computer programs have been developed to enable the firm to handle large volumes of matters quickly and cost effectively.
The collection of bad debt is a necessity for the existence, profit and success of any enterprise.
Symington De Kok can provide you with solutions for turning bad debt into cash flow.
Our employment and labour law team has handled general employment, labour law, individual employment and employment litigation matters.
We represent and assist clients at the Department of Labour, the Council for Conciliation, Mediation and Arbitration (CCMA), Bargaining Councils and Labour Court proceedings.
The firm is qualified to defend claims of employment discrimination, harassment, unfair labour practice, reduction and retrenchment, employment equity (affirmative action), confidentiality and restraint of trade and alternative dispute resolution.
Estate planning involves structuring a client’s personal, business and financial affairs in life in such a way that upon his or her death, estate duty, capital gains tax and executor’s fees are minimized.
In addition, estate planning should provide for sufficient liquidity to meet the estate's financial obligations, and ensure that the heirs’ inheritance is adequately protected. It is important to note that estate planning does not concern itself with life insurance policies only.
Although life policies are taken into account, comprehensive planning involves the structuring of offshore assets, wills, living wills, trusts and donations, and issues such as marital contracts and different income tax provisions all need to be taken into consideration.
Family law regulates familial matters and domestic relationships. At Symington De Kok we approach any instructions relating to family law with the necessary sensitivity and diligence in order to assist our clients with any matter relating to:
• antenuptual agreements;
• civil unions;
• matrimonial property law;
• divorce proceedings;
• domestic violence remedies; and
• adoption applications.
Given the current financial climate and the increased risks involved with business activities, insolvency is a prevalent risk that could have an effect on any business or private individual.
Symington De Kok can assist with all aspects associated with insolvency such as :
• Business Rescue Plans and Procedures ;
• Securing claims against an insolvent estate;
• Perfection of Notarial Bonds; and
• Debt Recovery.
Intellectual Property Law is the body of legal rules and procedures which govern, reserve and enforce the creations of the mind for which exclusive rights are recognised.
At the pace of today’s information technology era, the importance of confirming and protecting our client’s rights pertaining to their creations cannot be stressed enough.
Our legal team of experts will guide a client from the seed of his/her creation to the stage where the fruit of prosperity can be enjoyed.
These services include the registration and reservation of any patent, copyright, trademark and protection and the enforcement thereof.
Negotiating and securing lease agreements of any fixed property, either residential or commercial, is essential and of utter importance in order to ensure a constant cash flow to service this particular asset.
Our tailor-made services include the drafting of lease agreements, advice pertaining to relevant municipal and governing laws, negotiating terms, considering the applicability of the National Credit Act, National Consumer Protection Act and any other advice relating to the lease agreement.
Services also include expert advice on how to proceed to enforce any lease agreement or evictions in order to avoid the minimal interruption of our client’s rights, and more particularly rental income.
A trust is an entity utilised for testamentary or business purposes.
Under South African law there are three main types of trusts, namely inter vivos trusts, testamentary trusts and non-discretionary trusts (bewind trust). Testamentary trusts are created when a deceased estate is being wound up and are structured as part of a person’s will. Testamentary trusts are usually created to hold assets on behalf of minor children or other heirs for a specific period of time.
Non-discretionary trusts (bewind trust) are created as trading vehicles. They provide trustees with limited liability and certain tax advantages.
Discretionary trusts are normally used as estate planning tools, to hold and protect growth assets. It is very important that a trust specialist should handle the drafting and registration of trusts, as there are numerous pitfalls that must be taken into account when setting up a trust.
In order to operate as a liquor trader (whether selling, manufacturing or distributing liquor), one needs to apply to the Provincial Liquor Board for a liquor licence and these Liquor licences need to be renewed annually.
While the Liquor Act prescribes the form of the licence, an applicant must also furnish the Provincial Liquor Board with written representation to prove that the applicant is a fit and proper person to whom a licence may be granted.
Thus, the application consists of the prescribed form, the written representation, the plans and photos of the premises, well as a description of the premises.
Accordingly the expertise of our Liquor & Gambling law team is invaluable for prospective applicants.
Litigation is the use of a legal method accompanied by judicial oversight with which disputes between two opposing parties are resolved.
Dispute Resolution on the other hand seeks the same outcome and effect as litigation but provides an alternative method where judicial oversight is absent, in order to conclude an action and resolve disputes in a cost effective and time efficient manner.
Symington De Kok offers a wide range of methods to assist our clients with whatever disputes they might face.
We pride ourselves in our legal expertise relating to both litigation and dispute resolution and we are committed to finding a solution that fits.
Municipal Law refers to the internal law applicable to a province and/or municipal area within the country and includes the laws and regulations with not only national but provincial and local application as well.
In an era where issues pertaining to rates and taxes as well as problems relating to poor service delivery are becoming increasingly relevant, it is important to consult the applicable legislation in order to find effective solutions to the problems being experienced.
Municipal Law also includes onerous legislation applicable to properties and property developments and is it important to take note of the provisions of the applicable legislation before any development is undertaken.
Symington De Kok attorneys have vast experience in this field of law and can provide assistance to its clients on all related matters.
Symington De Kok specialises in all Property Development and Sectional Title related matters.
We are able to assist client’s with any aspect of this field of expertise, including: Assistance with Town planning applications such as sub-division, rezoning and/or township establishment, Negotiating, drafting and conclusion of services agreements with Municipalities, Submission of applications for development finance, Registration of all Deeds’ Office related matters, including opening of township and/or sectional title registers, Administration of all pre-sales of property and/or units within developments, including follow up service on purchasers’ finance approvals.
We are involved with various property developments across the country.
Whether you are a sportsman or an artist, you share your skills, talents and ability to perform with the public.
This is your product of work, your trademark and your invention. You are entitled to protect your interest so that you can excel and advance in creating a prosperous future for yourself.
Our firm offers a wide range of expertise in labour law, drafting and reviewing of contractual agreements, trademarks, laws that regulate agencies, tax issues, estate planning and enforcement of any rights.
This is the all inclusive service that Symington De Kok can render to its clients. While you focus on your discipline, let us attend to the preservation thereof.
The Supreme Court of Appeal (SCA), which is situated in Bloemfontein, is the highest appeal court in South Africa on matters that do not relate to constitutional issues.
The SCA proceedings are regulated by its own separate court rules - which can be daunting to the uninitiated.
To support our clients in this regard, Symington De Kok offers a wide range of specialised services to correspondents from all over the country to assist them in their Appeal Court cases.
Our Appeals department at specialises in dealings with the Supreme Court of Appeal and is able to assist and advise any colleague or client on the correct procedure when applying or opposing any appeal court proceedings.
We also specialise in the drafting of the necessary cost accounts according to the correct Appeal Court Fees scale and taxation on costs before the Registrar of the Supreme Court of Appeal.
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