010 006 8229 | 076 129 5862 info@lesomoandassociates.co.za

Our Practice Areas

 

Credit Banking Law

The National Credit Act is a fairly new Act of Parliament regulating the relationship between Credit providers and Credit consumers.

The Act fully applies in respect of individuals and has limited application in respect of entities like Companies, Close Corporations and Partnerships.

  • We offer services in respect of conclusion of Credit Agreements as well as litigation by credit providers enforcing compliance with credit agreements I.e. foreclosures in respect of immovable properties, Business Assets, Vehicle and other assets acquired with credit finance.
  • We further offer comprehensive litigation assistance against credit providers.

Consumer Law

The Consumer Protection Act and our common law regulates the relationship between consumers and goods/services providers.

 

  • We offer comprehensive advice in case of consumer disputes in courts and various Ombuds entities.
  • We provide comprehensive litigation services to enforce and or protect certain consumer’s rights.

Commercial Practice

There are a variety of law applicable in the commercial sphere and in resolving certain commercial disputes.

 

  • We offer comprehensive advice on appropriate business entities taking into account compliance requirements and governance.
  • Advice on resolution of corporate disputes amongst shareholders, directors and other stakeholders.
  • Advice on rights and duties of Directors, shareholders and other corporate officers.
  • Protection of minority shareholders.
  • Liquidation and Business rescue proceedings.
  • Advice and assistance with commercial transactions including conclusion of appropriate contracts.
  • Litigation Risk Management.
  • Assistance in litigation involving commercial transactions and corporate disputes amongst directors and or shareholders.

Insolvency Practice

The Insolvency Act applies in respect of sequestration of individuals. Other areas of law including Contract Law, Sectional Titles Act, National Credit Act, Community Schemes laws and other legal principles applicable in the sequestration proceedings.

 

  • We offer services in respect of opposing sequestration proceedings in the high courts including rehabilitation of insolvent persons.
  • We offer services in respect of instituting sequestration proceedings as part of collection of monies due.
  • The Companies Act is applicable in respect of liquidation of entities like Companies and Close Corporations.
  • We offer comprehensive services in opposing liquidation proceedings in the high courts.
  • We offer litigation services in instituting liquidation proceedings as part of recovering monies due on behalf of entities.

Insurance Disputes Resolution

The conclusion of insurance (short term and long term) contracts comes with disputes that require Resolution either through litigation or the relevant Ombuds.

  • We offer assistance in litigation to resolve such disputes.
  • We offer services in referring such disputes to the relevant Ombuds as well as associated services.

Labour Law

We offer limited labour law services mainly to employers as follows:

  • Advice and assistance in respect of enforcing discipline, operational requirements, termination of contracts and other services in managing employer/employees relations.
  • Representation in labour Courts.
  • Advice and assistance on CCMA/Bargaining Council matters and related matters.

General Litigation And Family Law Practice

  • We offer proper litigation services in Courts in a variety of litigation matters.
  • We offer comprehensive services in respect of advice on various marital regime, Antenuptial contracts and divorces including representation in Courts.

Health Care Profession Regulatory Practice

Health care professionals are members of entities like the Health Professional Council, Pharmacy Council and other entities.

Disputes regarding compliance and practice of such health care professionals occur necessitating disciplinary proceedings against the health care professionals.

  • We offer comprehensive services to Health care professionals required to appear before the relevant Regulatory bodies like the Health Professional Council, Pharmacy Council and other entities.

Property Law Practice

The law of sale and lease of properties forms an integral part of Commercial activity in respect of acquiring or lease of commercial property.

Disputes generally arise in respect of sale of commercial properties as well as lease of such properties i.e.

Cancellation and termination of lease agreements. There exists a material difference between cancellation and termination of lease agreements.

 

  • We offer comprehensive service including litigation service in disputes regarding termination and cancellation of commercial lease agreements.
  • Services in respect of unconscionable conduct by lessor or lessee I.e. Spoliation (illegal and unlawful infringement of rights of the lessees and lessors).

Sectional Titles and Home Owners Associations

Disputes arise between Body Corporates/Home Owners Associations and members of the Body Corporates/Home Owners Associations (property owners within the Body Corporates/Home Owners Associations) establishments.

Disputes arise between Managing agents and Body Corporates and Home Owners Associations.

  • We offer comprehensive services in resolution of such disputes through litigation in courts (High Courts and Magistrate Courts).
  • We offer services in referring disputes to Community Schemes Ombuds.

Medical Schemes Law

The Medical Schemes Act and its Regulations sets out principles in respect of the management and resolution of the disputes between Medical Schemes/Administrators and Health care providers.

Disputes further exists between Medical Schemes/Administrators and members of such schemes.

  • We provide comprehensive litigation services in resolution of such disputes in Courts(High Courts and Magistrate Courts).
  • We offer competitive services in resolution of such disputes at the Council for Medical Schemes.

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