Litigation

Technology

Commercial

Property

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DML is a mid-sized law firm focused on Litigation, Technology, Corporate and Commercial, Property Law and Forensics.  Our directors provide big firm experience and expertise, at effective rates, to South African and international clients across a broad range of industries. Our focus is on our clients, and we take pride in our quick action, the high quality of our work, and the results we achieve.

Our Five-pillars

We have focused our legal expertise and services into five pillars, namely: Litigation, Technology, Corporate and Commercial, Property Law and Forensics.  Each pillar is expertly led by an experienced director and supported by a team of lawyers with a broad collective understanding.

DML is a client-centric law firm that offers big firm experience and expertise, at effective rates, to a diverse range of clients both nationally and internationally, across a broad range of industries.

Our depth and breadth of knowledge and experience enables us to offer a wide range of specialist services.

We strive to become our clients’ trusted advisors, with intimate knowledge of their businesses and strategic visions, allowing us to provide tailored and effective solutions.

We are proud to be an “employer of choice”, with the aim of growing our firm, reputation and practice areas in a way that both anticipates and is responsive to our clients’ needs.

We are experienced professionals, down to earth in our approach, providing sound legal advice at a reasonable cost to our clients. With the depth of large law firm expertise, we offer the personal attention and agility of a smaller firm. We make decisions in the legal arena quickly and accurately, ensuring an optimal turnaround time on matters.

We ensure a high quality of work and exemplary care for our clients.

We also provide Expanded services in labour law, competition law, consumer law, cyber crime and insurance law, gambling law, social media law, insolvency, privacy and data protection law, and more.

Latest News & Features

PAIA Manual – Do you have one, is it up to date and ready for inspection?

Privacy Law

PAIA Manual – Do you have one, is it up to date and ready for inspection?

If you do have an existing PAIA Manual, ensure you merge the mandatory forms to your Manual. The forms can be downloaded on the Information Regulator’s website. Very important to remember - it is a criminal offence not to have a PAIA Manual if you are required to do so, and your entity may face fines for non-compliance. Should you not have a PAIA Manual, or if your PAIA Manual has not been updated in terms of the provisions of POPIA or with the mandatory PAIA forms, contact us to assist you.

Converting a Close Corporation to a Company in South Africa

Uncategorised

Converting a Close Corporation to a Company in South Africa

Converting a Close Corporation (“CC”) to a Company is a common business transition in South Africa and involves a change in the structure and legal status of the business. There are advantages to this. This is a short guide to help you navigate the process smoothly.

Breaking down the new beneficial ownership reporting requirements for trusts

Commercial Law

Breaking down the new beneficial ownership reporting requirements for trusts

The Amendment Act has introduced new trustee obligations into the existing South African trust law. The changes pertain to the recording and reporting of beneficial ownership of trusts. The aim of this recording is to improve transparency regarding the ownership of trust assets to assist in the combatting of a money laundering and terrorist financing.

Acting without authority: What you need to know before acting as a trustee.

Commercial Law

Acting without authority: What you need to know before acting as a trustee.

It is vital that a trustee is authorised by the Master before they exercise or undertake any trustee powers or duties. If this is not adhered to, these unauthorised acts are void and of no legal effect. This can place the trust, its beneficiaries and even the trustees themselves, depending on the circumstances, in a precarious position which could have financial or other adverse consequences.

Dismissals for Poor Work Performance – an Employer’s Guide.

Labour Law

Dismissals for Poor Work Performance – an Employer’s Guide.

Employers should ensure that probationary and non-probationary employees are, amongst other things, aware of the required performance standards applicable to their position, give employees necessary guidance, counselling, mentoring and training to ensure satisfactory service, and to allow reasonable time for employees to improve the standard of their work performance. It is imperative that employers ensure that any dismissals relating to poor work performance are fully compliant with the Act and the Code of Good Practice: Dismissal (and any other applicable labour legislation).

Kim Kardashian’s Krypto Trouble Should Be A Warning To You

ICT Law

Kim Kardashian’s Krypto Trouble Should Be A Warning To You

Reality star and businesswoman Kim Kardashian recently found herself in legal trouble in the United States after endorsing the high-risk cryptocurrency EthereumMax (“Emax”) to her millions of followers on Instagram. Since her endorsement, EMAX’s value has plummeted which led to the US Securities and Exchanges Commission bringing charges against Kim.

Attention Entrepreneur : Venture Capitalism

Commercial Law

Attention Entrepreneur : Venture Capitalism

You’re a starry-eyed entrepreneur or business owner with big dreams, intriguing ideas and promising growth prospects.  You’ve got the potential, but you need the funding. In that case, it’s time to hook a venture capitalist or two. Before you move into the market and start networking, you need to consider

A boon for privacy and a blow for justice: What you need to know about the new Vodacom judgment

ICT Law

A boon for privacy and a blow for justice: What you need to know about the new Vodacom judgment

In April 2023, the Supreme Court of Appeal (“SCA”) handed down judgment in the case of Giftwrap Trading (Pty) Ltd v Vodacom (Pty) Ltd and Others (“Vodacom”). The case set a consequential precedent for data privacy law but may also have the effect of stifling the ability of potential litigants

2023 Amendments to the CCMA rules

Labour Law

2023 Amendments to the CCMA rules

The Commission for Conciliation, Mediation and Arbitration (“CCMA”) is the first port of call for the majority of disputes concerning the employment relationship and serves not only as a forum aimed at facilitating amicable and expeditious resolutions to employment disputes but also as a court of first instance for adversarial

Predatory lending and safeguards in the National Credit Act

Consumer Law

Predatory lending and safeguards in the National Credit Act

Our director Matthew Thomson recently spoke with business and finance journalist Fiona Zerbst of JustMoney on the subject of predatory lending and the safeguards of the National Credit Act. JustMoney’s article is available at: https://www.justmoney.co.za/articles/how-to-identify-predatory-lenders/ and below: How to identify predatory lenders Disreputable, or predatory, lenders can trap you in

Greylisting or Grey Hairs : new company disclosure requirements deadline 1 October 2023

Commercial Law

Greylisting or Grey Hairs : new company disclosure requirements deadline 1 October 2023

Analysing the new disclosure requirements in the General Laws Amendment Act, 2022 In response to the greylisting by the Financial Action Task Force, the President has signed into law the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act to improve SA’s ability to combat money laundering and terrorist

The Ban of TikTok: The US is worried, should you be?

ICT Law

The Ban of TikTok: The US is worried, should you be?

From 2020, TikTok has become a global social media sensation. TikTok is an app where users share short form videos of them dancing, singing, vlogging, and participating in challenges etc. However, recently, the United States, Europe, and Canada have named this app as a threat to their national security and

Tax Judgments: What are they? What do I need to know?

Litigation

Tax Judgments: What are they? What do I need to know?

A debt is legally enforceable when it is made an order of court. Chapter 11 of the Tax Administration Act 28 of 2011 regulates the recovery of tax by SARS. Part B thereof relates to the civil judgment procedure. Section 172 of the Tax Administration Act 28 of 2011 (“TAA”)

Con Court Sets the Record Straight: Tax judgments can be rescinded

Litigation

Con Court Sets the Record Straight: Tax judgments can be rescinded

If a taxpayer owes money to SARS and does not pay, SARS may file a certified statement with a competent court, which will be “treated as a civil judgment” (section 174 of the Tax Administration Act 28 of 2011 (“TAA”)). Recently the Constitutional Court finally set the record straight in

More transparency or more trouble? A look at the Companies Amendment Bill, 2021

Commercial Law

More transparency or more trouble? A look at the Companies Amendment Bill, 2021

If passed, the Companies Amendment Bill will be the first substantive amendment to the Companies Act since it came into force in 2011. The Bill includes a contentious requirement for large companies to disclose their executive remuneration policy to the shareholders for approval including a ratio comparing the compensation of

Electronic signature of sale of immovable property agreements – what’s new?

Commercial Law

Electronic signature of sale of immovable property agreements – what’s new?

If you asked a year ago whether you could sign a sale of immovable property agreement electronically, the short answer would have been that an electronically signed agreement of sale is not valid or binding on the parties. With the swift advances in technology, and more people than ever working

Real change to the real estate industry: how does the Property Practitioners Act affect your firm?

Property Law

Real change to the real estate industry: how does the Property Practitioners Act affect your firm?

The new Property Practitioners Act provides a substantive change to the real estate market in South Africa with a bigger focus on transformation and consumer protection The Act introduces new restrictions on the conduct of ‘property practitioners’ in their interactions with consumers, including obligations relating to the display of Fidelity

We are proud to announce that Peter Turner has been promoted to Senior Associate at DML.

Litigation

We are proud to announce that Peter Turner has been promoted to Senior Associate at DML.

Peter was admitted as an attorney in December 2012 and holds LLB and LLM (Constitutional Law) degrees obtained from the University of KwaZulu-Natal. Since his admission as an attorney, Peter has practiced mainly, although not exclusively, in the fields of commercial litigation / dispute resolution and labour law. Before joining

I bought a vehicle from a dealer and found it is defective – now what?

Consumer Law

I bought a vehicle from a dealer and found it is defective – now what?

We are receiving an increasing number of queries concerning defects in motor vehicles bought from dealers and this article summarises your rights and possible next legal steps in these circumstances. Requirements and Standards in terms of the CPA In terms of Section 56(2) of the Consumer Protection Act 68 of

Bool Smuts v Herman Botha – Right to Privacy v Freedom of Expression

Litigation

Bool Smuts v Herman Botha – Right to Privacy v Freedom of Expression

On 10 January 2022 the Supreme Court of Appeal handed down a landmark judgment in the matter of Smuts and Another v Botha and Another (887/2020) ZASCA 3 (10 January 2022) which gives us an inside look at how our privacy laws are applied by the courts. Summary In

Mandatory Workplace Vaccination Polices: So it Begins…

Health & Safety Law

Mandatory Workplace Vaccination Polices: So it Begins…

On 21 January 2022 the CCMA delivered its findings in the unfair dismissal dispute of Mulderij v The Goldrush Group (case number: GAJB-24054-21), where it confirmed that the dismissal of an employee pursuant to a refusal to adhere to an employer’s mandatory workplace vaccination policy (“MWVP”) may be considered substantively

A step-by-step guide to having your documents commissioned

Commercial Law

A step-by-step guide to having your documents commissioned

“Please, go back to the commissioner of oaths and repeat the process – you skipped a page!” –  do these words sound familiar? Having documents commissioned should be a relatively simple task. In practice, however, minor mistakes, like a missed initial, can undermine the integrity of the entire process. Unfortunately,

Commencement of the Cybercrimes Act

ICT Law

Commencement of the Cybercrimes Act

The President has proclaimed the commencement of the lion’s share of the Cybercrimes Act, No 19 of 2020, with effect from the 1st of December 2021. The sections omitted from commencement are largely related to the implementation of enforcement mechanisms, and are presumably omitted so as to allow the necessary

M Booysen v J Dolley-Major (Case No: 5043/2021) Landmark case – Naming an alleged rapist on social media

Litigation

M Booysen v J Dolley-Major (Case No: 5043/2021) Landmark case – Naming an alleged rapist on social media

We are all aware of the serious legal consequences of defamatory posts on social media, but as discussed in my article on defamation and the elements that need to be proven, it is an intricate area of law and there is a constant weighing of individual rights by the courts.

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