DML LitigationDML Litigation

Litigation

DML TechnologyDML Technology

Technology

DML CommercialDML Commercial

Commercial

DML PropertyDML Property

Property

DML ForensicsDML Forensics

Forensics

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

Joint Ventures and Competition Law – do JVs require merger notification?

Competition Law

Joint Ventures and Competition Law – do JVs require merger notification?

Joint ventures (JVs) are not defined in the Competition 89 of 1998 however, general principles of competition regulation are applied in determining whether the formation or expansion of a JV constitutes a notifiable transaction. It should be noted that even if the JV does not, in the parties’ assessment or the assessment of the Commission, the parties conduct may still be subject to the Competition Act and must ensure that they do not fall foul of its provisions, for example, by engaging in prohibited practices (sections 4, 5, 8 and 9).

Consistency is key: Restraints of Trade and the Pitfall of Selective Enforcement – A review of Altron Nexus (Pty) Ltd v Maurice Fowler and MST Critical Communications (Pty) Ltd

Labour Law

Consistency is key: Restraints of Trade and the Pitfall of Selective Enforcement – A review of Altron Nexus (Pty) Ltd v Maurice Fowler and MST Critical Communications (Pty) Ltd

Accordingly, and in the event that an employer does apply a policy of selective enforcement of restraints of trade in its operations, it must, at the very least, be able to provide cogent, persuasive and reasonable justification for such a policy failing which its prospects of success in restraints-based litigation will be significantly diminished.

What is EPR? Sorting Through the Waste Regulations

Environmental Law

What is EPR? Sorting Through the Waste Regulations

Although it is clear that at this early stage, many market participants do not take EPR, the EPR Regulations, nor their enforcement seriously, and although ignoring the implications thereof may seem a tenable and attractive option, the Department has indicated that such an attitude will not go unpunished and will result in severe consequences further down the line.

New section 34A of PRECCA has significantly increased the risk to companies of being entangled in corrupt activities

Regulatory Law

New section 34A of PRECCA has significantly increased the risk to companies of being entangled in corrupt activities

The new section 34A in the Prevention and Combatting of Corrupt Activities Act 12 of 2004 ("PRECCA") has significantly increased the risk to companies of being entangled in corrupt activities. 

Mergers and Acquisitions: When is a merger notifiable, what are the consequences of failing to notify the Competition Authorities and what must I do?

Competition Law

Mergers and Acquisitions: When is a merger notifiable, what are the consequences of failing to notify the Competition Authorities and what must I do?

In order to trigger a notifiable transaction, the transaction must be considered a merger in terms of the Competition Act 89 of 1998 (“the Act”). The second requirement is whether the transaction meets the financial thresholds.

Freedom of Expression and Hate Speech: The Legalities for Social Media Users

Freedom of Expression and Hate Speech: The Legalities for Social Media Users

While freedom of expression is a cherished right introduced to South Africans against the historical backdrop of thought control and censorship, it comes with responsibilities. Social media users must exercise caution and respect the legal boundaries when expressing their views online.

Deadline for filing of securities registers looms!

Commercial Law

Deadline for filing of securities registers looms!

This quick newsflash is just to inform our corporate clients that all companies registered with the Companies and Intellectual Property Commission (CIPC) (each, a "Company") must file their securities registers (including details of beneficial owners) with the CIPC ("Disclosure Requirement")  by no later than 24 May 2024.

Congratulations to Megan Melck who has been promoted to Associate from Junior Associate.

Litigation

Congratulations to Megan Melck who has been promoted to Associate from Junior Associate.

Megan has excelled as a Junior Associate and her promotion is well deserved.  Her journey at DML began during her articles and continued through the two years of being a Junior Associate, where she gained useful experience in our Corporate and Commercial Dispute Resolution and Litigation Department. Her experience spans

Defamation on Social Media – A Refresher

Litigation

Defamation on Social Media – A Refresher

In a recent Free State High Court case, Itumele Bus Lines (Pty) Ltd t/a Interstate Bus Lines v Transport and Allied Workers Union of South Africa and Others ZALC 207, a self-proclaimed “public transport activist” has been ordered to remove certain defamatory publications from his social media. The Respondent,

The challenges and limitations of using a Power of Attorney when someone becomes incapacitated

Commercial Law

The challenges and limitations of using a Power of Attorney when someone becomes incapacitated

We are often approached to prepare a power of attorney for someone whose family member faces illness, mental or physical incapacity, or an inability to manage their own affairs.

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

Articles

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.

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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