This is the sphere in law which regulates the commercial, legal and other relationships between parties (especially businesses) in the corporate environment. It includes the drafting of commercial agreements to record the transactions and dynamics thereof as well as any litigation which may follow should any dispute arise therefrom. These disputes normally take the form of a breach of contract in one or other form for example restraint of trade-, non-compete-, trademark-, copyright- and patent infringements. All our attorneys advise and assist in different matters relating to commercial law including the law of contract, company law, tax law, mining- and construction law.
The South African economy is very reliant on the country’s mineral deposits. Our legislation has, therefore, evolved over the years to ensure that the preservation and distribution of minerals are governed correctly. The Mineral and Petroleum Resources Development Act No 49 of 2008 (with the help of other legislation) regulates the mining industry and provides that all minerals in South Africa are owned by the state. Naturally this will result in royalties payable to the state by the mining right holder and various other obligations such as, the establishment of a Mining Works Program, Environmental Management Program and a Social and Labour Plan. When applying for a right it is most important to establish beforehand what the requirement of the applicant is as this will determine the type of right that needs to be applied for.
When commencing any construction project, the agreement between the parties will be the foundation of their legal relationship. If this agreement is not drafted and understood correctly, it may very well mean the end of the relationship and result in major damages for the parties involved. These agreements may vary from a basic Service Level Agreement to FIDIC-, NEC- and JBCC agreements. The aforesaid agreements should only be signed once proper advice has been obtained and consensus is reached between the parties.
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