South African Labour Law regulates the relationship between employees, employer and trade unions in South Africa and deals with the following amongst others:

• Working hours and overtime
• Rights and duties of the employee
• Rights and duties of the employer
• Working conditions
• Minimum wage
• Health and safety
• Discrimination
• Dismissal
• Retrenchment
• Collective bargaining
• Collective action
• Strikes
• Lock outs

Due to our firm’s new direction of specialty in 2019, limited Labour Law services will be provided by our office as from January 2019 and services will be determined on a case by case basis. We will however still be able to provide a full range of services through our extremely well-equipped affiliates.

Corporate and Commercial Law-title

Corporate Law is also referred to as Business Law, Enterprise Law and Company Law.  This area of law governs the rights, relations and conduct of persons, companies, organizations and businesses. This area of law also regulates legal entities that exist to conduct business.

Corporate law regulates the following amongst others:

• Incorporation of companies
• Directors’ and shareholders’ rights
• Drafting and reviewing of business contracts
• Negotiations of various deals and contracts
• Articles of association
• Board meetings
• Secretarial matters
• Public listings and delisting
• Trusts

BDB Attorneys has elected this field of law as a specialty field from January 2019 and is very excited to be serving the community with our excellent negotiation skills and attention to detail.

High Court & Magistrate’s litigation-title

Civil cases are concerned with the conflicts between natural persons or
businesses. These cases typically involve monetary disputes. A civil case
usually begins when one party claims to have been harmed by the actions of
another party. The party harmed seeks relief from the court by way of
summons or application.

Typical relief sought in most cases are financial compensation for damages
suffered by the aggrieved party. One may also seek an order compelling the
opposite party to do something or to stop them from doing something. Such
relief can be obtained by means of an interdict or mandamus. 

At BDB Attorneys we pride ourselves in civil litigation such as:

• Road Accident Fund Claims
• Motor Vehicle Accidents
• Medical negligence
• Debt reviews 
• Damage to property
• Money lent and advanced
• Breach of contact 
• Defamation of character 
• Encroachment 
• Breach of marriage promise
• Rescission of judgments
Criminal Law-title

Criminal Law is concerned with the punishment of individuals who commit crimes. A crime can be described as an act or omission in violation of a law prohibiting such an act or omission. In South Africa, Criminal Law is regulated by common law, case law and legislation. At BDB Attorneys we believe in the democracy our country and an accused’s rights to be presumed innocent and to have a fair trial without unreasonable delay.

Our passion for people and a fair justice system as well as our desire to see that justice gets done, has helped us gain experience and knowledge in the following areas:

• Bail applications 
• Theft
• Robbery (common / aggravated)
• Housebreaking / housebreaking with the intent
• Assault (common / with the intent to grievous bodily harm)
• Murder 
• Culpable homicide
• Attempted murder
• Driving under the influence / drunken driving
• Identity theft
• Crimen injuria
• Negligent / inconsiderate driving
• Fraud
• Defeating the ends of justice
• Contempt of court

Ms. De Beer also has experience as a Defense Attorney in the Military Court.
Family Law-title

Family law incorporates family matters and domestic relationships such as marriage, civil unions, domestic partnerships, divorce and annulment, spousal maintenance, child maintenance, child custody and the best interest of the child, child abuse and domestic violence.

BDB Attorneys renders and specializes in the following areas of family law:

• Drafting of ante nuptial agreements
• Annulments of ante nuptial agreements
• Annulments of marriages
• Domestic partnership agreements 
• Child custody / primary residence 
• Contact with and access to minor children
• Spousal maintenance 
• Child maintenance 
• Protection against domestic violence 

Deceased Estates-title

A deceased estate comes into existence when a person dies leaving property or a document which is a will or purports to be a will. Such estate must then be administered and distributed in terms of the deceased's will or failing a valid will, in terms of the Intestate Succession Act.

The death of a person who dies within the Republic of South Africa and leaves property or any document that is a will or purports to be a will as well as the death of a person who dies outside of the Republic of South Africa, but who leaves property and / or any document that is a will or purports to be a will, in the Republic of South Africa, must be reported to the Master of the High Court. It is advisable to consult an attorney to draw up your will and it is recommended that your attorney be nominated as the Executor of your estate in your will as your attorney will advise you on any potential problem which may arise, will deal with any legal issues that might be encountered, has the necessary knowledge and expertise to ensure that your will is drawn in accordance with your instructions, and will ensure that your will has been properly executed and is valid and binding in terms of the Wills Act. 

The Executor is required to collect the deceased’s assets, settle any of the deceased liabilities, pay any legacies, and distribute the balance of the estate to the heirs in terms of the will of the deceased or in accordance with the provisions of the Intestate Succession Act where the deceased died without a will. 

BDB Attorneys is excited to be offering these services as from January 2019.

Insolvent Estate

A natural or legal person’s estate is regarded as insolvent when it is unable to pay its debts. The legal test for insolvency is whether a person’s reasonably calculated liabilities exceed its reasonably calculated assets

A sequestration order is granted in respect of an insolvent natural person, while a liquidation order is granted in respect of an insolvent legal person.

A person whose reasonably calculated liabilities exceed his reasonably calculated assets will not be regarded as insolvent and will not be bound by the legal consequences of insolvency, unless the estate has been declared insolvent by either a sequestration or liquidation order. Such an application for insolvency may be brought by either the debtor itself (voluntary surrender) or by one of its creditors (compulsory surrender).

At BDB Attorneys we pride ourselves in protecting our clients’ interests and are able to provide sound advice and guidance in all aspects of this field.