Services

INTELLECTUAL PROPERTY RIGHTS (IPR) LAW

At Mundalamo & Tshishonga Incorporated Attorneys, we represent individual authors, proprietors and start-up to medium-size companies to which we tailor our stratagem to meet your specific needs. We are committed to providing state of the art services in order to secure, protect and enforce your intellectual property rights. Whether you desire to protect, defend or enforce a trademark, copyright, trade secrets or confidential information, Mundalamo and Tshishonga Incorporated Attorneys are ready to provide effective prosecution and litigation services.

We are also able to provide full legal services to your business, corporate and litigation needs and efficiently meet the requirements of your businesses in intellectual property, corporate and commercial law matters.

Our intellectual property law services include:

  • Trade Marks Law
  • Registration of new trademark applications in South Africa and before ARIPO, OAPI
  • Litigation and enforcement of trademark rights
  • Oppositions to proposed new trademark filings
  • Copyright Law
  • Copyright notices
  • ICASA Broadcasting licenses
  • Internet Law - Domain Names Registration and Dispute resolution
  • Software development agreements
  • End-User license agreements
  • terms and conditions for website use
  • Computer Software and IT licensing agreements
  • Internet/Website agreements
  • Trade Secrets and Confidential Information
  • Intellectual Property regulations and protection infringement
  • Assignment, Franchising and Licensing of intellectual property rights
  • Guidance on competition law and intellectual property
  • Advertising, Entertainment, Marketing and Media Law
  • Handling approvals of mergers and acquisitions before the Competition Commission and Competition Tribunal
  • Appeals and reviews to the Competition Appeal Court

CORPORATE AND COMMERCIAL LAW

Corporate and commercial law covers a wide-ranging issues that relate to a company’s ability to plan and function well and reach its commercial objectives. Mundalamo & Tshishonga corporate and commercial lawyers have the competence and means required to handle legal matters concerning corporate transactions and litigation. We are also experienced in these and other matters pertaining to business registrations, operations, and liquidation including reinstatement of deregistered companies.

Our corporate and commercial law services include:

  • Registrations and Operations of companies - Close corporations; Companies and Co-operatives
  • Corporate governance and company secretarial work including re-registration of deregistered companies, co-operatives and close corporations
  • Drafting of shareholders’ agreements
  • Discharging the duties and responsibilities of directors
  • Advise on suitable form of company and drafting and enforcement of partnership agreements
  • Copyright Enforcements and agreements
  • Trademarks Registrations and enforcement;
  • Domain Name Registrations and Dispute Resolutions
  • Forming Trusts and compliance with Trust Property Control Act
  • Updating company details at the CIPC office
  • Restraint of trade agreements
  • Construction Law – contracts and dispute resolutions
  • Acquisition or Sale of Business, Sale of Goods and Interference with Contract
  • Business Delict, construction and Building contracts
  • Agency, Cession and surety Agreements
  • Drafting and litigation arising out Credit agreements
  • Dismissals and Employment equity;
  • Environmental Law and compliance;
  • Licenses, distribution and Franchise Agreements
  • Income tax and Customs and excise and VAT – Planning, Objections, Appeals and Court Appearances
  • Insurance policies, Indemnities, claims and repudiations;
  • Joint venture Agreements;
  • Rental and Lease Agreements
  • Liquor Licenses
  • Mine Health and Safety (MHS); Mining and minerals;
  • Occupational Health and Safety (OHS);
  • Compensation for Occupational Injuries and diseases (COID);
  • National credit act
  • Skills development Act (SDA) and SETA
  • Sponsorship and Sports Law;
  • Dismissals and Unfair Labour practice

BANKING, INSURANCE & FINANCICAL SERVICES

We apply our experience in legal issues related to banking and financial services. We are a professional resource in both banking, insurance and financial services institutions that wants reliable legal counsel, including the South African Reserve Service and South African Reserve Bank. Mundalamo Tshishonga Attorneys can help you with a full range of insurance services including drafting and litigation.

Our banking, insurance and financial services include:

  • Advising on banking law in general
  • Advising on credit agreements and the National Credit Act
  • Advising on the structuring and assisting with the drafting and/or review of financial arrangements, project finance and related transactions, including public private partnership arrangements (PPPs) with government departments
  • Banking and financial markets law and legislation
  • Banking and related litigation, including recoveries, foreclosures and repossessions
  • Advising on trading documentation including prime brokerage agreements and derivative documentation
  • Advising on Investment Management Agreements, sales and distribution arrangements
  • Retail and wholesale financial services, including the Financial Advisory and Intermediary Services Act
  • Banking, Insurance and Financial Regulatory Compliance
  • Advise on policy content and policy endorsements
  • Prosecution of insurance policies and repudiation of claims
  • Handling fire, motor vehicle accidents and general liability insurance claims
  • Attorneys Fidelity Funds, Medical Insurance and malpractice cover
  • Short-term and long-term insurance claims
  • Breach of Fiduciary Duty;
  • Broker Fraud and Negligence Claims
  • Broker Misrepresentations and Omissions
  • Insurance Fraud and defense

LIQUIDATION, INSOLVENCY AND SEQUESTRATION OF ESTATES

Mundalamo & Tshishonga Incorporated Attorneys wants to help people who feel astounded with too much debt and wants to eliminate it by explaining options to handle too much debt for individuals and businesses. We work hard to stop creditors from harassing you and fight for your rights and search for solutions to resolve your problem. We stand beside you as you face difficult financial times and propels you towards success and making a bright future.

Our liquidation, insolvency and sequestration of estates law services include:

  • Compulsory and voluntary sequestration of Estates, Trusts and Individuals
  • Compulsory and voluntary liquidation or winding up of companies and close corporations
  • Offers of compromise and insolvency related matters
  • Liability of directors and prejudice to innocent third parties
  • Proving your claim against an insolvent estate
  • Secured and unsecured loans
  • Credit card debt and medical bills
  • Creditor Harassment and repossession
  • Wage Garnishments
  • Mortgage loan And foreclosure Mediation and litigation
  • Debt negotiation and amalgamation

CONSTITUTIONAL AND ADMINISTRATIVE LAW

Constitutional rights enforcement is more than discrimination or access to public facilities. Mundalamo Tshishonga Attorneys’ constitutional and administrative law attorneys have the aptitude in all aspects of constitutional and administrative law. We are familiar in the ways in which agencies of the government are required to apply the law and make decisions.

Our constitutional and administrative law services in this regard include:

  • Class Action and enforcements of the Fundamental rights in the Bill of rights
  • PAIA and PAJA requests and reviews
  • Judicial reviews of administrative decisions of tender awards, regulatory decisions and other exercises of public power
  • Applications to compel the making of an administrative decision
  • Election & Political Law
  • Race, Religion and tribal Origin Discrimination

LICENSING, DISTRIBUTION AND FRANCHISING AGREEMENTS

Mundalamo & Tshishonga Incorporated Attorneys are dedicated to providing the highest quality, comprehensive legal representation to role-players in franchise and license agreements. Our attorneys believe that you should have the legal backing you need in order to profit from your intellectual property rights (IPR) and goodwill and reputation or from a contract to produce and market your intellectual properties.

Our licensing, distribution and franchising services include:

  • Writing and revising of distribution and license and agency arrangements.
  • Writing and revising of franchise agreements
  • Protection of intellectual property that forms part of license, distribution and franchise agreements
  • Drafting non-disclosure agreements
  • Dispute resolution and litigation
  • Assistance with compliance to the Consumer Protection Act

PROFESSIONAL NEGLIGENCE, ETHICS AND MALPRACTICE

We handle personal injury and medical malpractice cases and cases where we believe that you can succeed and the outcome will make a difference to you. From beginning to end, we are focused on discovering the truth surrounding the circumstances of medical malpractice, the resulting losses, and the needs of the victim or surviving family members. We are specialists in professional negligence disputes for claimants and defendants.

Where a family member is lost, we can help determine whether someone is legally responsible and look at how each family member can recover loses.

Our professional negligence, ethics and malpractice services include:

  • Malpractice Claims against Lawyers
  • Medical Malpractice and failure to Diagnose
  • Malpractice Claims against Auditors and Accountants
  • Informed Consent and Surgical Errors
  • Birth and Brain Injury
  • Wrongful Death and Spinal Cord Injury

CRIMINAL AND PUBLIC INTEREST LAW

The criminal law attorneys at Mundalamo & Tshishonga Incorporated Attorneys are experienced in dealing with a complete range of criminal cases and are gifted representatives who can work with police and other justice system role players to end cases before they go to court, where it is possible.

We also work with victims of crimes to bring back their lives to normality and to pursue compensation that is due to them.

Our services in this regard include:

  • Bail applications and Appeals
  • Criminal defense, trials and Appeals
  • Arrests, Identity parades and police brutality
  • Permanent stay of criminal prosecutions
  • Culpable homicide
  • Drugs and Controlled Substances
  • Fraud and Embezzlement
  • Firearm related offenses
  • Murder, Rape and Robbery crimes
  • Sexual offences and Sexual Abuse
  • Expungements of criminal records
  • Assault and Juvenile Crimes
  • Bribery and Perjury and Theft Crimes
  • Child Pornography
  • Computer and internet Crimes

MARRIAGE, DIVORCE AND FAMILY LAW SERVICE

Our family law attorneys are skilled and tough advocates whom you can rely on when you need knowledgeable guidance in family law matters. We are mindful and sensitive to the reality that many family law disputes are emotional and requires care and thoughtfulness, yet we make sure that your interests are not compromised in any way.

Our marriage, divorce and family law service services include:

  • Alimony and spousal maintenance
  • Child maintenance, contact, access and Custody
  • Dissolution / Divorce / Annulments of marriages
  • Polygamy and spousal infidelity
  • Customary marriages and co-inhabitation agreements
  • Interdicts and Domestic Violence
  • Separation agreements
  • Divorce Settlements and Division of assets
  • High Court and Regional Court Divorce Court Litigation
  • Parental Responsibilities and Rights
  • Co-habitation Agreements
  • Applications to change Matrimonial Regimes between people who are already married
  • Custody and Access disputes
  • Registration of Prenuptial/ Postnuptial Agreements
  • Application to place person under Curatorship
  • Advice and counseling on different Matrimonial regimes
  • Grandparents’ Rights
  • Parent Relocations and Parenting Plans
  • Enforcements of maintenance court orders
  • Stalking, domestic violence and protection orders

ESTATE, WILLS AND TRUSTS LAW SERVICES

At Mundalamo & Tshishonga Incorporated Attorneys we have proven ourselves to be capable and concerned advocates for family members who are involved in disputes over estate, wills and trust matters. Our experienced estate, wills and trusts attorneys will attempt to reach acceptable settlements amongst family members, including litigation where this is unavoidable.

Our Estate, Wills and Trust law services include:

  • Deceased Estates, Wills and trusts
  • Guardianship and considerations for minor children
  • Validation of Wills, Inheritance and Estate administration
  • Challenging and cancellation of wills
  • Division of estate where there is no will
  • Drafting Simple and Complex Wills
  • Formation and Trust Administration
  • Sequestration of Trusts
  • Removal of Trustees and Revocation of letters of authority

EMPLOYMENT MANAGEMENT AND LABOUR LAW SERVICES

The laws that apply to South African workplaces has grown in complexity and continues to grow year in and year out. If you feel that your employer has terminated your employment inappropriately, an experienced labour law attorney will assess your situation and determine if you have a claim for unfair labour practice and/ or unfair dismissal.

Our labour and employment attorneys have experience in working with both employers and employees where legal matters are concerned. This provides us with the understanding to work creatively to meet your objectives. When a mutually acceptable resolution is not possible, we have the ability to litigate your case to a successful conclusion.

Our employment management and labour law services include:

  • Drafting of disciplinary codes and procedures
  • Management of Employment Disputes
  • Writing and revising Employment Contracts
  • Dismissals and Wrongful Termination;
  • Independent Contractor Disputes
  • Sexual Harassment
  • Discrimination in the Workplace
  • Whistleblower and victimization
  • Compensation for Occupational injuries and deceases (COID)
  • Mine Health and Safety (MHS)
  • Occupational Health and Safety (OHS)
  • Skills Development Act and SETA

ENVIRONMENT AND CONSERVATION LAW

Prosecution and enforcement of Environmental Laws makes managing and controlling corporate environmental aspects an inescapable part of every business in the 21st century. We are skilled and experienced attorneys with a hands-on understanding of compliance to environmental law.

Our environment and conservation law services include:

  • Advice on environmental and water regulatory and compliance issues
  • Advice on contractual and transactional and Litigation and dispute resolution
  • Advice on waste and hazardous substance emission and control
  • Restitution of land rights
  • Application of and compliance to permit requirements
  • Environmental Legal Compliance Audits
  • Waste and Water Licensing and dispute resolution.
  • Prospecting Right Applications and compliance
  • Environmental Impact Assessments (EIA) and Environmental Management Plans (EMP) and monitoring of compliance to EMP.
  • Environmental and waste management audits.
  • Environmental Legal Registers in compliance with ISO 14001:2004 and/or OHSAS 18001
  • The identification of environmental legal risks and liabilities
  • Reviews, Appeals and Court Processes arising from above processes.

PERSONAL INJURY AND ROAD ACCIDENT CLAIMS

Peace of mind implies a healthy body, mind and emotions. If you experience serious, career or life changing injury caused by negligence and wrongful conduct of another person, contact us and our attorneys will give you the best services.

Our personal injury and road accident claims services include:

  • Construction Accidents
  • Defamation, Insults and Disparagement
  • Defective Products Liability
  • Premises Liability and Slips and falls
  • Occupational Injuries & Diseases
  • Motor Vehicle Accidents
  • Medical malpractice
  • Motor vehicle accident claims
  • Slip & trip
  • Train accident claims
  • Animal bite claims e.g. dogs
  • Police assaults and insults
  • Professional malpractice claims
  • Unlawful arrests / detentions

TAXATION AND REVENUE LAW

Mundalamo & Tshishonga Incorporated Attorneys can help safeguard your wealth, limit your tax liability and direct resources to your interests.

Our taxation and revenue legal services include:

  • Tax Returns, objections and appeals
  • Tax audits
  • Tax Planning
  • Corporate Taxation
  • Individual Taxation
  • Customs and excise tax
  • Value Added Tax (VAT)
  • Taxpayer defense before SARS
  • Taxpayer defense before the Tax Court
  • SARS Objections, Appeals and Court Challenges of assessment outcomes

CIVIL AND CRIMINAL LITIGATION

Trial and Motion Court practice involves careful examination of facts and legal issues and the resolution of disputes brought by the parties to the courts for settlement through motion and trial advocacy skills. We are your reliable resource for committed and able representation.

Our civil and criminal litigation services include:

  • Corporate and Commercial Litigation
  • Contract and delictual Disputes
  • Medical Malpractice
  • Wrongful Death
  • Personal Injury and Motor Vehicle Collision
  • Work Related Injuries
  • National Credit Act and Consumer Protection Act
  • Physical Assault and Abuse and Insults
  • Constitutional Rights Claims and damages
  • Reviews of Administrative Proceedings
  • Employment Management and dispute resolution
  • Liquidation and Insolvency Litigation
  • Marriage, Divorce and Family Law Service
  • Municipal and Provincial Law
  • Bail Applications and bail Appeals
  • Criminal defense, Trials and Appeals

NATIONAL CREDIT ACT (NCA) AND CONSUMER PROTECTION (CPA) LAW

The National Credit Act, 2005 contains basic rights of consumers aimed at protecting you by establishes procedures that assist you in making informed decisions before entering into a credit transaction. This include the right to apply for credit without being discriminated against, accept a copy of a credit agreement, privacy to your personal information and assistance to over-indebted consumers by a debt counsellor.

The Act further lays down the law as to the content of credit agreements, credit limit increases, reckless lending and allowable fees and interest.

Our national credit act (NCA) and consumer protection (CPA) law services include:

  • Defaulting and debt enforcement
  • Consumer credits rights
  • Credit bureau and debt information
  • Disputes and complaints in terms of the NCA
  • NCA and common law termination and early settlement of credit agreements
  • Reviewing and Credit Agreements in terms of the National Credit Act
  • General advice on credit agreements and the National Credit Act
  • Litigation relating to credit matters
  • Advice on compliance with the National Credit Act and the Consumer Protection Act
  • Preparing, submitting and moving complaints at the Consumer Protection Commission and representations at the Tribunal
  • Handling litigation in respect of liability arising out of NCA and CPA
  • Mortgage bonds
  • Overdraft, credit cards and garage cards
  • Personal loans, instalment sales, pawn and discount transactions

GENERAL LEGAL SERVICES (GLS)

Mundalamo & Tshishonga Incorporated Attorneys provides civil legal services that are custom-made to help vulnerable populations such as seniors, the disabled, low-wage workers and homeowners facing foreclosure and others.

In addition to legal representation, we empower you by helping you to avoid and resolve your legal problems thereby proactively protecting and enforcing your rights as a Citizen of this great Country.

Our general legal services (GLS) services include:

  • Elderly and disabled persons Law
  • Land, Housing and development
  • Social Security and welfare
  • Arbitration and dispute resolutions
  • Driver's License Restoration
  • Police Brutality
  • Anti-Discrimination and Civil Rights
  • Foreclosure Prevention
  • Garnishment and Repossession
  • Protection of Personal Information
  • Interdicts and protection orders
  • Domain Name Searches, registration, maintenance, Dispute resolution and litigation.
  • Rescission of judgments in High Court and Magistrate Courts, including Labour Court