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When Would You Need a Labour Attorney in South Africa?

Labour Law /

Most people don’t think about calling a labour attorney until they’re already in trouble. By then, a deadline has been missed, a document has been signed, or a hearing has gone badly. The reality of South African labour law is that it is highly procedural — and the side that understands those procedures almost always has the advantage. This article is not a services list. It is a guide to the specific situations — for both employees and employers — where getting a labour attorney involved makes a real difference to the outcome. What Does a Labour Attorney Actually Handle? A labour attorney specialises in the relationship between employers and employees. Their work sits across several pieces of legislation: the Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA), and the Employment Equity Act, among others. In practice, that means they handle dismissals, disciplinary processes, retrenchments, employment contract disputes, workplace discrimination claims, CCMA representation, and Labour Court proceedings. They advise both sides — employers and employees — and the right time to involve one is almost always earlier than most people think. When Employees Need a Labour Attorney You’ve Been Dismissed and Think It Was Unfair Unfair dismissal is one of the most common labour disputes in South Africa. The LRA requires that every dismissal must be both substantively fair (there must be a valid reason) and procedurally fair (the correct process must have been followed). If either element is missing, you may have grounds for a dispute. If you were dismissed for misconduct, incapacity, or operational requirements (retrenchment), a labour attorney can assess whether the dismissal meets the legal threshold. This matters because the compensation or reinstatement you may be entitled to depends entirely on how the case is framed and argued. The critical point: you have 30 days from the date of dismissal to refer an unfair dismissal dispute to the CCMA. Miss that window and you lose the right to pursue it without applying for condonation — which is not guaranteed. You’ve Been Called to a Disciplinary Hearing Many employees assume a disciplinary hearing is an internal HR formality. It is not. The outcome of a disciplinary hearing — which can result in dismissal — is the starting point for everything that follows. If the hearing is procedurally flawed, that can form the basis of a dispute. If you accept a finding without objection, you’ve made your subsequent CCMA case significantly harder. Attorneys are not permitted to represent you at an internal disciplinary hearing unless your employer consents. But consulting a labour attorney before the hearing — to understand the charges, prepare your response, and know your rights — can change the entire trajectory of the matter. This is where SB Lawyers’ labour team can step in before a situation becomes a formal dispute. A 30-minute consultation before a hearing is worth far more than damage control after. You’re Being Retrenched Retrenchment in South Africa is governed by Section 189 of the Labour Relations Act, which sets out strict consultation requirements. Your employer is not entitled to simply hand you a letter and call it done. They must consult with you (or your representative) in good faith, consider alternatives to retrenchment, and follow a fair selection process. If these steps are skipped or compressed, the retrenchment may be procedurally or substantively unfair. A labour attorney can review the process, advise you on whether the consultation has been properly conducted, and help you negotiate a fair severance package if the retrenchment proceeds. You’re Facing Discrimination or Harassment at Work Workplace discrimination on the basis of race, gender, pregnancy, disability, religion, or a range of other listed grounds is prohibited under both the LRA and the Employment Equity Act. So is sexual harassment. These matters are dealt with through the CCMA and, in more serious cases, the Labour Court. If you have raised a grievance internally and the situation has not been resolved — or if you have been victimised for raising a complaint — a labour attorney can help you take the matter forward formally. These cases require careful documentation from the start, and legal guidance at an early stage makes that process significantly more structured. Your Employer Has Changed Your Contract Without Your Consent Your employer cannot unilaterally change the terms of your employment. If your salary has been reduced, your job description fundamentally altered, or your benefits removed without your agreement, that may constitute a breach of contract — and in some circumstances, a constructive dismissal if you are forced to resign as a result. A labour attorney can advise you on whether the change crosses a legal line and what remedies are available, including referral to the CCMA or the Labour Court. When Employers Need a Labour Attorney Employer-side labour law is where procedural mistakes are most expensive. The cost of an unfair dismissal award, a reinstatement order, or a drawn-out CCMA process far exceeds the cost of getting the procedure right from the beginning. Before You Dismiss an Employee This is the single most important time to involve a labour attorney. Before you issue a dismissal, the process must be correct: notice of hearing, proper charges, a fair hearing, a finding, and — if dismissal follows — notification. Each step carries procedural requirements. If you dismiss an employee and the process is flawed, they can refer the matter to the CCMA. Even if the substantive reason for dismissal was valid, a procedurally unfair dismissal can result in a compensation award of up to 12 months’ salary. Getting legal advice before the process begins, not after, is the most cost-effective approach. When a Matter Is Referred to the CCMA If an employee has referred a dispute against your business to the CCMA, you need to understand what you are dealing with. Conciliation is the first step — it is informal and attorneys are not permitted to represent either party there, though an employer representative may attend. If conciliation fails, the matter proceeds

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Why You Need a Deceased Estate Lawyer in South Africa

Family Law /

Losing someone close to you is one of the hardest things a family goes through. What most people don’t realise is that within 14 days of the death, the law already expects action. The executor of the deceased estate must report the death to the Master of the High Court — and that is only the beginning of a process that, without the right guidance, can drag on for years and tear families apart. That is where a deceased estate lawyer comes in. Not as a formality, but as the person who makes sure everything is done correctly, on time, and in the interests of everyone the deceased left behind. What Is a Deceased Estate? A deceased estate comes into existence the moment a person dies leaving behind any property, assets, or a document that is or purports to be a will. That definition is broader than most people think. A deceased estate is not just a house or a large investment portfolio — it includes bank accounts, vehicles, shares, pension benefits, personal belongings, and any outstanding debts. The estate must be administered in full before anything can be transferred to heirs. This process is governed by the Administration of Estates Act 66 of 1965, and it is overseen by the Master of the High Court. Skipping steps, missing deadlines, or distributing assets before the process is complete is not just inadvisable — it can be unlawful. A deceased estate lawyer guides the executor (and the family) through every stage of this process from the first notification to the final sign-off. What Does a Deceased Estate Lawyer Actually Do? The scope of work involved in administering a deceased estate is far larger than most families expect when they are standing at a graveside. Here is what the process looks like in practice: Reporting the estate to the Master of the High Court. The executor must submit a death notice, a completed inventory of assets, the original will (if there is one), and a number of supporting documents. This must happen within 14 days of death. Obtaining the Letter of Executorship. The Master formally appoints the executor and issues a Letter of Executorship. Without this document, the executor has no legal authority to act on behalf of the estate — they cannot access bank accounts, sell assets, or instruct a conveyancer to transfer property. Valuing and securing the assets. All assets must be valued by an appraiser. Debts and creditors must be identified and notified. A bank account is opened in the name of the estate. Preparing the Liquidation and Distribution (L&D) Account. This is a formal written report to the Master, creditors, and heirs. It sets out every asset, every debt, how debts are settled, and how what remains is distributed. It is one of the most technical documents in the entire process. Advertising the L&D Account. Under Section 29 of the Act, the account must be advertised in a local newspaper and the Government Gazette, giving creditors and debtors the opportunity to raise any objections. Submitting final tax returns to SARS. The estate has its own tax obligations. Capital Gains Tax may be triggered on certain assets. The executor must file a final income tax return on behalf of the deceased, and in some cases, an estate duty return. Transferring property to heirs. If the deceased owned immovable property, a conveyancer must be instructed to transfer it into the names of the heirs. This alone can take several months. Closing the estate. Once all debts are paid, assets distributed, and property transferred, the executor obtains a final discharge from the Master. Only then is the estate formally closed. A deceased estate lawyer manages this entire sequence, coordinating with the Master’s office, SARS, banks, insurers, and the Deeds Office, while keeping the family informed at every stage. At SB Lawyers, this is handled with the procedural rigour the law requires and the personal attention that grieving families deserve. Why Can’t I Just Handle This Myself? It is a fair question. South African law does allow a layperson to act as executor without professional assistance. But in practice, attempting to administer a deceased estate without legal support is one of the most common reasons estates take years to wind up, or end up in court. Here is what tends to go wrong. What Happens When There Is No Will? When someone dies without a valid will, their estate is administered under the Intestate Succession Act 81 of 1987. This law sets out a fixed formula for who inherits and in what proportion. It does not reflect personal relationships, informal arrangements, or verbal promises the deceased may have made. A surviving life partner who was never married, for example, may inherit nothing under intestate succession, regardless of how many years they lived together. A child from a previous relationship may inherit alongside a current spouse in proportions the family did not expect. Disputes in intestate estates are common and often bitter. A deceased estate lawyer does not change the law, but they ensure the process is handled correctly from the start, reducing the risk of disputes and making sure every heir’s rights are protected. Common Mistakes Families Make Without Legal Help The most frequent problems we see when families attempt to handle estates without professional assistance: Missing the 14-day reporting deadline. The Master’s office has limited patience for late submissions, and delays at this stage cascade through the entire process. Distributing assets before the L&D Account is approved. If a creditor later comes forward, the executor can be held personally liable for any shortfall. Failing to account for tax. SARS must be kept in the loop throughout. An estate that closes without a tax clearance certificate is not properly closed. Ignoring the conveyancing requirement. Transferring a house out of a deceased estate requires a formal conveyancing process, done in the correct sequence relative to the rest of the estate administration. Acting without a Letter of Executorship. Accessing the deceased’s accounts or

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Need a Tender Review Laywer?

Lost a Tender? Get a Tender Review Lawyer to Help

Commercial Law /

If you’ve lost a government tender and suspect it was unfairly awarded, a tender review lawyer can help you challenge the decision. In South Africa, public procurement is tightly regulated, and legal remedies are available when tenders are awarded unlawfully. Understanding Tender Reviews A tender review is a legal process where a rejected bidder challenges the fairness or legality of a government tender award. The goal is to ensure that public procurement remains transparent, competitive, and in line with the constitutional promise of administrative justice. Under South African law, tenders must be evaluated fairly, with all bidders treated equally. However, irregularities such as bias, procedural errors, or non-compliance with procurement regulations often occur. In such cases, a review provides aggrieved bidders an avenue to seek lawful remedies, including setting aside the award. What does tender review mean? It refers to the evaluation and possible legal challenge of decisions made during the tender process, especially those that lack fairness, transparency or compliance with procurement laws. Tender Review Process in South Africa South Africa’s legal framework for tender reviews is largely governed by the Promotion of Administrative Justice Act (PAJA), which gives any person affected by an administrative decision the right to a procedurally fair process. Here’s how the process typically unfolds: Internal appeal (optional but recommended): Some organs of state offer an internal appeal or dispute resolution channel, although not mandatory. Lodging a judicial review application: If the internal process fails or isn’t available, the disappointed bidder may bring a review before the High Court. Review grounds: These may include non-compliance with tender regulations, procedural unfairness, bias, or an irrational decision. Review timeline: Proceedings under PAJA are ordinarily instituted within 180 days of the date on which the applicant became aware of the administrative action (PAJA s7(1)(b)); courts may grant condonation in appropriate circumstances. This is where SB Lawyers comes in. Instead of grappling alone with legal technicalities and court deadlines, they handle judicial review applications on your behalf, ensuring procedural fairness and adherence to legal principles from start to finish. Understanding the proceedings attorneys must follow across the different courts in SA is crucial for a successful challenge. The courts evaluate whether the administrative action by a public authority was lawful, reasonable, and fair. A successful case can result in the award being set aside, requiring the institution to restart or rectify the tender process. Common Issues and Legal Challenges Many government procurement processes in South Africa suffer from irregularities. The most common issues include: Non-compliance with bid specifications Inconsistent scoring methodologies Awarding contracts to ineligible bidders Failure to adhere to Section 217 of the Constitution, which mandates fairness, equity, and transparency Illustrative example: courts have set aside tender awards where material non-compliance (including nondisclosure of material information) was established. These examples demonstrate that courts take transparency and procedural compliance seriously. Irregularity Legal Remedy Unfair scoring Judicial review Ineligible winning bidder Disqualification via court Lack of publication of results Mandamus for procedural fairness Biased selection committee Recusal and rerun of evaluation Importance of Tender Review Lawyers Engaging a tender review lawyer is not just about going to court — it’s about strategy, timing, and protecting your company’s long-term opportunities. Public entities often make high-stakes decisions that affect livelihoods and business viability. You need professionals who understand contract law, procurement law, and administrative law intricately. Beyond litigation, lawyers assist by: Identifying irregularities before they escalate Advising on compliance when responding to RFPs Drafting objections and legal correspondence to public authorities Preparing affidavits and court-ready applications Going it alone risks missing a strict deadline or framing an argument poorly. This is where SB Lawyers stands out. We have offices in Pretoria and Nelspruit and experienced attorneys; readers should verify firm credentials on the firm’s official website or the Legal Practice Council directory. Many clients assume hiring attorneys is expensive. But in context, it’s a cost-effective way to protect millions in potential revenue. Attorney hourly rates vary widely by firm, specialisation and location; clients should request the firm’s fee schedule. SB Lawyers—Your Partner in Tender Disputes Founded in 1997 and led by seasoned attorneys Daniel Schoeman and Yolandie Borman, SB Lawyers has become a go-to legal partner for public procurement disputes. Their focus on transparency, administrative law, and judicial review has helped numerous companies secure justice. In one high-profile case, SB Lawyers challenged a tender where a municipal department appointed a company lacking CIDB registration — a clear violation of regulations. Their legal team swiftly filed a review application, citing non-compliance, procedural unfairness, and unjustifiable scoring. The court ruled in favour of SB Lawyers’ client, and the tender was re-evaluated, ultimately awarded to the rightful bidder. Their strategic advice goes beyond immediate litigation. The firm often hosts workshops for internal procurement teams, helping clients understand compliance requirements and reduce future risks. For businesses involved in franchising or commercial agreements, SB Lawyers also provides guidance on how commercial lawyers protect franchisees and franchisors. What sets SB Lawyers apart: Deep understanding of the procedural and legal intricacies of public procurement Direct client involvement in strategy and decisions Capacity to act swiftly within the 180-day PAJA window Offices in both Gauteng and Mpumalanga, making us locally accessible The Legal Framework: More Than Just Procedure Public procurement in South Africa is governed by several important laws and regulations: The Constitution (Section 217): Mandates fairness, equity, competitiveness, transparency, and cost-effectiveness Promotion of Administrative Justice Act (PAJA): Allows for review of unfair, irrational, or unlawful administrative action Preferential Procurement Policy Framework Act (PPPFA): Includes the familiar 80/20 rule What is the 80/20 rule in tender? It’s a preference point system used in evaluating tenders below a certain threshold. For certain procurement thresholds prescribed in the PPPFA Regulations an 80/20 points system is used (80 points for price, 20 for preference points such as B-BBEE), but the applicable system depends on the procurement value and current regulations. These legal instruments aren’t just technical guidelines—they establish enforceable rights for bidders. If public authorities don’t act reasonably or lawfully, courts can

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Need a Tax Lawyer?

Approaching Complicated Tax Matters with Your Tax Attorney

Banking Law /

Navigating South African tax law without professional help can result in financial penalties or missed opportunities for savings. A qualified tax attorney guides you through disputes, compliance challenges, and complex planning matters efficiently and legally. Understanding the Role of a Tax Attorney A tax attorney in South Africa is a specialist lawyer focused on tax law, offering legal advice, compliance strategies, dispute resolution, and SARS representation. Tax attorneys can also represent you in court and handle highly technical legal matters. What does a tax lawyer do in South Africa? Tax lawyers draft and review contracts with tax implications, advise clients on international tax structures, and represent them during audits or in litigation. For example, a corporate group facing a SARS capital gains reassessment can engage a tax attorney to dispute the calculation and seek relief through administrative processes or the Tax Court. SB Lawyers reports assisting clients with SARS voluntary disclosures that in some cases materially reduced assessed liabilities (client results vary and are case-specific). Our attorneys also navigate grey areas in new tax legislation, bringing extensive experience in cross-border agreements, which is especially valuable with controlled foreign companies or foreign pensions. Tax Planning and Compliance in South Africa Tax planning involves legally structuring financial affairs to minimise liabilities while ensuring compliance with legal requirements. Effective tax compliance focuses on timely submissions, avoiding penalties, and structured efficiency. SB Lawyers states it has over 60 years of combined legal experience across its team (firm claim). Our strong SARS understanding is applied to implement proactive tax plans that reflect current legislation. Many clients approach them after receiving unexpected SARS assessments; often, these issues are preventable through early advisory interventions. Navigating International Tax and Transfer Pricing South African businesses expanding globally must navigate international tax law, especially with transfer pricing and controlled foreign companies. The difficulty often lies in compliance with both local and cross-border regulations. Transfer pricing rules require that transactions between related foreign entities be priced fairly, failure risks severe tax penalties. This is particularly challenging for businesses trading in jurisdictions like Mauritius or Luxembourg with South African holding companies. Alternatively, SB Lawyers handles this by creating layered documentation that complies with OECD and SARS standards. We also deal with complexities involving foreign pensions and international transactions, ensuring you’re not double-taxed. Tax Litigation and Dispute Resolution When SARS audits you or issues hefty reassessments, tax litigation may be unavoidable. The process typically includes objections and appeals before possibly escalating to the Tax Court or High Court. Tax attorneys are equipped to challenge SARS findings through informal dispute resolution or structured litigation. This includes reviewing underlying assessments, gathering factual records, and securing expert legal counsel. General law firms may lack the necessary focus or case law familiarity. Your tax litigation strategy is only as strong as the attorney behind it. Understanding the proceedings attorneys must follow across the different courts in SA can give you insight into how your case may unfold. Estate Planning and Its Tax Implications Unless properly structured, your estate may face significant tax burdens, including capital gains tax (CGT), estate duty, and executor fees. Estate planning enables you to pass on your assets without leaving your heirs with a tax headache. Key considerations include minimising CGT on property transfers, optimising donations tax, and using inter vivos trusts appropriately. Estate planning attorneys, like those at SB Lawyers, draft Wills, create family trusts, and ensure SARS compliance through smart asset protection structures. For complex scenarios, understanding how to navigate complex wills and estates involving trusts is essential. Here’s a simplified step-by-step estate planning checklist: Prepare your Will: Ensure it aligns with succession laws and tax legislation. Value your estate: Consider both assets and liabilities. Consult a tax attorney: Identify CGT triggers across your legacy assets. Create trusts if needed: Protect minors or foreign assets. Review regularly: Legislation and portfolios change. SB Lawyers reports assisting clients to restructure property ownership via trusts to reduce capital gains exposure in certain cases (results vary by circumstances). Effective Corporate Tax Management Corporate tax is ensuring your business structure, incentives, deductions, and transactions are legally and financially sound. Without legal oversight, common errors include misapplying allowances or misunderstanding SARS’s treatment of restructuring. Sb Lawyers align tax policy, contract law, and commercial structures. We assist clients with new company formations, mergers and acquisitions, and domestic reorganisations, ensuring optimal tax treatment. For businesses looking to expand through franchising. Their services span contract drafting with embedded tax consideration and dispute resolution with SARS over depreciation, capital allowances, and fringe benefits assessments. They also advise on intellectual property protection and its tax implications for businesses with valuable IP assets. Working with the South African Revenue Service (SARS) SARS plays a strict, expansive role in enforcing tax compliance among individuals and companies alike. They have access to growing third-party data and advanced risk-assessment models. Complying with SARS regulations isn’t optional—it’s vital. Tax attorneys serve as a line of defence. SB Lawyers frequently assist clients facing SARS recovery actions, garnishee orders, or estimated assessments. They advocate on behalf of clients and push for SARS backlog resolution, especially where system errors or unprocessed objections delay outcomes. Tips from SB Lawyers on handling SARS efficiently: Respond to SARS queries within 21 business days where SARS provides that timeframe; SARS guidance commonly refers to “21 business days” for verification/audit responses. File all returns (even nil) to avoid penalties. Keep detailed supporting documentation for 5 years. Use alternative dispute channels before litigation. If you’re managing wealth, handling international investments, or facing a tax controversy with SARS, having our’ tax team in your corner ensures you’re not only compliant, but strategically positioned for financial growth. Schedule your consultation for expert guidance across taxation, litigation, wealth succession and beyond. SB Lawyers’ legal counsel isn’t just advisory—it’s transformative.

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