MacRobert Attorneys

ABOUT US

History

Back to the beginning

In 1996 MacRobert celebrated its Centenary – 100 years of law practice. This makes MacRobert one of the oldest and longest surviving law practices in the old Transvaal now divided into Gauteng and three further provinces.

MacRobert traces its history back to the three founding partners being; Norman MacRobert; Frederick Lunnon and William Alfred Tindall.

Each of them commenced practice in Pretoria, founding the two practices of MacRobert, de Villiers and Hitge and Lunnon and Tindall.

These two practices merged in 1989 to form MacRobert de Villiers Lunnon and Tindall. In 2000 the practice name was shortened (much to the stated relief of clients who had difficulty with the long name) to Macrobert Incorporated. At the Pretoria office we have consulting rooms named after these founding partners with some photographs, documents and other memorabilia.

The Johannesburg Times of 11 April, 1896 records that F J Lunnon was both admitted as an Attorney on that day and also divorced from his wife. Lunnon was a Cambridge graduate who had practised as a Solicitor in London. His wife had apparently not been prepared to follow him from London to wild South Africa.

Mr. Lunnon practised with his co-founding partner William Alfred Tindall for many years. Both Messrs. Lunnon and Tindall served on the Council of the Law Society. Mr. Lunnon was also Chairman of the Council.

There is a Lunnon Road and a Tindall Street in Pretoria. These streets intersect in Hatfield near the campus of the University of Pretoria.

Values

MacRobert is a values based organisation, we reinforce our shared values that form the basis of our actions:

• T - Teamwork and effective communicating when interacting
• R - Respect, mutual trust and openness in relationships;
• I - Integrity, ethics and professionalism in service;
• P - Passion, commitment and work ethic as attitudes.

FICA

New procedure for compliance with FICA in respect of new clients.

What is FICA?

In today’s globalised economy, criminals can generate huge sums of money through fraud, drug trafficking, arms smuggling and many other heinous crimes. These criminals are constantly adapting their activities to disguise their “dirty money”. Not only does this cost countries billions a year, it is also providing the resources for international terrorism to grow.

Governments and international bodies have undertaken efforts to deter, prevent and apprehend money launderers. Accountable Institutions, such as MacRobert, have likewise undertaken efforts to prevent and detect transactions involving “dirty money”, both as a result of government requirements and to avoid the reputational risk involved.

In 2001, the South African government introduced the Financial Intelligence Centre Act (“FICA”) and other applicable Anti Money Laundering and Countering of the Financing of Terrorism legislation to combat money laundering and the financing of terrorism. FICA contains a number of control measures aimed at facilitating the detection and investigation of money laundering and terrorist financing and imposes specific responsibilities on accountable institutions that relate to commencing a business relationship with a client as well as during the lifecycle of the business relationship. This includes, inter alia, the requirement to “Know Your Client” (KYC) by establishing and verifying the identity of all clients prior to establishing a business relationship or concluding a transaction.

In addition, information should be updated on a regular basis to ensure client information remains accurate and up-to-date as well as to align to any changes in legislative and/or global industry standards.

MacRobert “Know Your Client” (KYC) Requirements

Details of the KYC information and documentation requirements are listed below; however please note that these are the minimum requirements and, in certain circumstances, additional information and/or documentation may be requested.

Please select the entity that is applicable to you below.

Please note that all documentation provided must be either:

• An original, or
• A copy of the original document sighted by a MacRobert employee, or
• A copy of the original document certified by an independent Commissioner of Oaths (Note: Certification must contain the full name, title and signature of the Commissioner of Oaths and wording should stipulate "Certified a true copy of". Where the document being commissioned is more than one page, the stamp/full commission must appear on either the front or back page and the Commissioner must initial every page of the document in between.)

B-BBEE

In accordance with the Revised Codes of Good Practice issued in terms of Section 9(1) of the Broad Based Black Economic Empowerment Act, 2003 (act 53 of 2003 Gazetted 11 OCTOBER 2013)

MacRobert Incorporated received a recommended overall B-BBEE-status Level 1 (one), overall recommended B-BBEE Procurement Recognition level is 135%.

Basic principles in regard to empowerment of members of previously disadvantaged groups

Skills Development

The legal profession needs to reflect the society in which we live in and in which MacRobert currently conducts its practice, more accurately. MacRobert can provide assistance for the empowerment of previously disadvantaged fellow practitioners and trainee lawyers. MacRobert is mindful of the fact that the Company is a highly specialised legal practice that renders superior quality legal services to demanding clients.

MacRobert is pro-active in its transformation goals and only appoints candidate attorneys according to the demographics of South Africa and with a preference to previously disadvantaged groups. MacRobert trains the candidate attorneys with a view to retaining their services as professional assistants, associates and as directors.

Candidate attorneys are required to complete a full two year programme to ensure that they are exposed to diverse areas of law. Candidate attorneys are rotated through different legal departments every 6 months where they are coached by more senior attorneys who are professionals in their area of law. During the two year period of articles at MacRobert, each candidate attorney will be mentored by a director. During these two years, we ensure that candidate attorneys attend Law School for a period of 6 months. MacRobert also offers additional classes to candidate attorneys for the two most demanding admission exams. These classes are run by knowledgeable professors who have vast experience in the legal industry. In our experience, the opportunity to attend Law School coupled with the aforementioned in-house classes, is of great assistance to candidate attorneys when preparing for their admission exams. In addition, MacRobert covers the cost of all Candidate Attorneys’ Law School (288 hours per individual), extra classes (36 hours per individual) and admission exams. We also provide 18 additional internal training sessions to our Candidate Attorneys, called MacPrac, which are presented by our Directors on the different aspects of law, as well as, ethics, conflict resolution and time-management.

During the past 12 months, MacRobert has invested a significant amount of time and financial resources on both informal and formal training, including 6 Business Administration Learnerships and 3 Debt Collection Learnerships- all exclusively for previously disadvantages individuals and including 6 Disabled staff members. Extensive POPI, FICA and AJS systems training was also done throughout the Firm with all staff members of which 64% are previously disadvantaged individuals. This amounts to well over 900 hours of informal training delivered within the business, in addition to general on-going job-specific task training.

MacRobert also appointed a full-time Senior Quality Manager as a Trainer, as well as, two Junior Quality assessors who support the Senior Trainer in order to broaden the skills of the Firm’s staff. Besides supporting and training our Financial Recoveries staff on a full-time basis every day, they also present formal training sessions to the staff on a daily basis.

Over and above the skills development focus on the MacRobert staff and candidate attorneys, MacRobert supports internships for unemployed previously disadvantaged people. This enables them to further their education in order for them to find suitable employment at the end of their internships. In order to facilitate these internships, MacRobert works with the Good Work Foundation (GWF) and Sabi Sand Pfunanani Trust.

Since 2015, MacRobert funded the training, both theoretical and practical workplace, of 18 GWF facilitators. All 18 of these facilitators were employed by GWF on successful completion of their training. In addition 3 Field Rangers (specialising in counter-poaching) were trained and subsequently employed by Sabie Sand Pfunanani Trust.

In 2017 10 GWF facilitators are being trained and 1 Operations Controller is being trained to join the Sabie Sand Pfunanani Trust.

MacRobert Pro Bono Portal

Strategically supporting development in South Africa one legal matter at a time.

MacRobert has a long history of engaging with organisations that focus on supporting both children in need and education programmes. An example of this is our ongoing partnership with Mohau Children’s Centre. Commitment to Social Economic Development (SED), Enterprise Development (ED) and Supplier Development (SD) is an important element of good corporate citizenship, alongside sustainability and good governance. MacRobert is keenly aware of the need for corporate companies to contribute generously to the uplifting and care of a broader South African society.

At the same time, we wish to extend our legal expertise and resources to support and uplift SMMEs, social enterprises and NPOs in order to maximise the positive impact that these organisations have in South Africa. We want to enable SMMEs and social enterprises to develop and grow and ultimately to become an integral part of the South African economy.

We believe that our 121 years of legal experience assists us in making a valuable contribution.

We support the B-BBEE legislation and allocate expertise and resources to achieve this, i.e. to support skills development, create jobs, develop entrepreneurs, support the creation of synergistic partnerships, for example between public and private sector or between large and small enterprises.

It is the practice of MacRobert to support suppliers from previously disadvantaged groups. We expect our suppliers to act in a socially and environmentally responsible manner and we require them to comply with applicable laws and regulations. MacRobert encourages corruption-free decision making and sound management based on appropriate environmental, occupational health and safety, and human rights and labour policies.

Pro Bono work is made available to the following entities:

• Non-profit organisations (Socio-Economic Development Partners)
• Support is provided to non-governmental, non-profit, community-based, public benefit, corporate or unincorporated bodies, trusts, foundations or charities working for the public interest or working to secure or to protect human rights.
• Enterprise Development (ED) and Supplier Development (SD) Partners
• The emphasis is on the promotion of small business and entrepreneurship. Legal services are made available to those SMME’s where the payment of legal fees would deplete the enterprise’s economic resources and adversely affect its ability to trade.
• Legal services are made available to those institutions and organisations where the payment of legal fees would deplete their economic resources and adversely affect their ability to carry out their charitable or public interest work.

Social Economic Development (SED)

MacRobert believes that everyone deserves a proper education and is committed to supporting organisations that uplift the society, whether it is school education, tertiary education or community-based education, to sustain themselves.

13 Organisations have benefited from MacRobert’s Socio-Economic Development projects since 2015:

• Mohau Centre
• Good Work Foundation
• Waste to Wow
• Sabi Sand Pfunanani Trust
• Immanuel Shoebox
• Rejoice Day Care Centre
• Probono.org
• Miki Maths Trust
• Charisma Drop-In Centre
• Life Tree Co
• Coffee Daddy
• Motheong
• The Astar Project

Representatives of 5 SED organisations (Mohau Centre, Probono.org, Miki Maths Trust, Charisma Drop-In Centre and Life Tree Co) have benefited from the workshops that have been hosted by MacRobert in 2015 and 2016.

Enterprise Development (ED) and Supplier Development (SD)

Including non-governmental, non-profit, community-based, public benefit, corporate or unincorporated bodies, trusts, foundations or charities working for the public interest or working to secure or to protect human rights.

Legal services will be made available to those institutions and organisations where the payment of legal fees would deplete their economic resources and adversely affect their ability to carry out their charitable or public interest work.

Institutions or organisations that comply with the criteria outlined below are invited to submit an application for legal services that may be required:

More than 75% of the beneficiaries of the organisation are black persons as defined in the Broad-Based Black Economic Empowerment Act, 53 of 2003;

• The intention of the institution/organisation must be to serve Public Interest; and
• The institution/organisation must be dependent on donations as its main source of income.

Representatives of 31 ED and SD organisations have benefited from the workshops that have been hosted by MacRobert since 2015(13th Floor Gallery, Absolute Style Wines, A-Game Business Consulting, B.I. Xpress, Beauty Personified, Be-Direct Solutions, Fhatanani Agri-Packers, Four One One Communications, Fresh at Market, IPS (Infinite Packaging Solutions), Isiyalu Manufacturing, JTC Activations, Kura IT, Ledikana, Life Tree Co, Little Green

Number, Lotso, Marple Skin, MBN Accounting, Molly's Food, MuR Coffee, Petrolink, Pineapple Baby, Redlife Marketing/Communication Agency, Sho-Sho Communications, Thaba Forensics, Thabake, The Uzenzele Program, Tshabangu Inc. Attorneys, Unleashed Enterprise Development, Yamama Gemmer)

Over and above the workshops, we further supported a number of these enterprises by providing legal advice, donations and business opportunities by connecting them to the MacRobert procurement process. Included below is a brief outline of some of the SMEs that we have engaged as suppliers of MacRobert since inception in 2015.

Isiyalu Manufacturing (“Isiyalu”)

Isiyalu specialises in clothing manufacturing, customized clothing of all fabrics including corporate uniforms, all forms of protective clothing, security, promotional and other forms of clothing. They are able to provide in house branding and marketing services such as digitizing, embroidery, printing (screen and sublimation).

In 2015, Isiyalu designed and manufactured the running shirts for the MacRobert staff members and clients who participated in a corporate running event.

In 2016, Isiyalu again designed and manufactured the running shirts for the annual running event as well as the shirts for the staff members who work in the Call Centre.

In 2017, Isiyalu again made some shirts for the Call Centre as well as body warmers. They also manufactured the running shirts for our annual corporate running event.

The Heartfelt Project (“Heartfelt”)

Heartfelt is a job creation and skills development project, using traditional hand craft skills to create Heartfelt products designed predominantly out of felt and beading. What makes Heartfelt products so unique is that they bring together rural woman producers and designers to develop innovative, high-quality product lines that are responsive to local and international markets. The ladies are given the opportunity to travel to urban centres to meet buyers, visit retail markets and connect with a larger context of taste, trend and consumption. In addition, The Heartfelt Project aims to ensure that these women can both continue to use their skills and earn a living wage for the rest of their lives.

In 2015 MacRobert ordered two sets of corporate gifts from Heartfelt i.e. gifts for members of staff for Secretaries Day as well as gifts for the Leading Women of Africa Conference.

MuR Coffee Co

MuR Coffee Co specialises in coffee roasting, packaging and distribution. MuR Coffee Co. is able to provide Corporate Coffee Gifts (including, coffee beans, two (2) specialty espresso cups, French press , Aeropress, Moka pot, coffee grinder); Office solution (MuR Coffee Co. can assist corporate companies with creating a bean to cup coffee experience for employees and customers and also provide total on-site coffee solutions with a full time trained barista); and event management (MuR Coffee Co. can manage small functions to big on behalf of a customer, providing the perfect cup of freshly roasted and brewed 100% Arabica coffee).

MacRobert assisted MuR Coffee Co. structuring and registering the MuR Coffee Co. company.

MacRobert also purchased specially branded coffee bags from MuR Coffee Co for the Leading Women of Africa Conference and for our annual corporate gifts to clients.

Redlife Marketing/Communication Agency (“Redlife”)

Redlife addresses the marketing challenges in today’s ever changing business environment. Redlife’s vision is to build and nurture a team of extremely talented people that produce creative, fresh and ground-breaking ideas in the industry.

Redlife has done a significant amount of work for MacRobert during the course of 2015 and 2016, including all corporate design and printing.

Little Green Number

Little Green Number is an award winning company who turn ads into bags! Each of the products that they make from recycled billboards is funky and unique.

MacRobert advertises on billboards as a part of its marketing strategy in Pretoria. From 2015 onward we have donated these billboards to Little Green Number. In 2015 Little Green Number manufactured our corporate gifts out of these billboards. The gifts ranged from laptop bags to beach bags, wine bags and coin purses. The products are well-made, unique, support job creation and recycling. It has been a very successful partnership.

The Uzenzele Program (“Uzenzele”)

Uzenzele focuses on Grant & Developmental Funding Support, Business Strategy, Compliance and BEE Solutions and Advice. MacRobert provided Uzenzele with legal assistance through 2015.

Uzenzele presented at the inaugural workshop for SMEs, social enterprises and NPOs hosted by MacRobert in 2015.

Fresh At Market (Catering)

In 2016, MacRobert has assisted Fresh At Market (“Fresh”) to register a company for operations. This included covering the company registration costs and ensuring that all company documentation and agreements, including a Memorandum of Incorporation (MOI) and Shareholder’s Agreement are in place.

Following the registration of Fresh, MacRobert contracted Fresh to be its main catering supplier for a period of 3 years. This contract includes Fresh providing daily lunch menu for the MacRobert directors and management staff (20 lunches per day) and boardroom catering for client and staff events. This contract started on 1 June 2016.

As a direct result of the contract with MacRobert, Fresh has made two significant changes regarding employment and promotion of staff members:

• Ms. Thembe Ntsimini has been promoted to Assistant Chef at Fresh.
• With the contract in place Ms. Patricia Stokie Maraba joined Fresh as full time employee. Ms. Maraba assists Ms. Ntsimini and manages the cleaning and washing up at Fresh headquarters in Justice Mohammed Street.
• Over and above the legal support provided to Fresh, MacRobert has assisted Fresh in the equipment required for Fresh to manage this contract.

A-Game Business Consulting (“A-Game”)

A-Game was founded by KK Diaz in 2016. MacRobert is in the process of providing legal assistance to A-Game.

KK Diaz is an extremely talented business coach and has presented the Business Development workshops hosted by MacRobert. Inc. in 2016 as well as in 2017.

KK is also an author and MacRobert purchased his book, “The Climb From African't to African” in order to give to clients as an end of year corporate gift in 2016. MacRobert assisted KK financially to publish his second book (Business Blueprint) and will distribute a copy to the SMME’s attending the 2nd Business Development workshop series in 2017.

Sho-Sho Communications

• Sho-Sho Communications is a full services communications agency that was founded by Theresho Selesho.
• Sho-Sho Communications became the primary communications partner for MacRobert in 2016 and supports MacRobert on all branding and marketing initiatives.
• In 2016 and 2017 MacRobert supported Sho-Sho Communications by providing pro bono legal advice. MacRobert also provided Sho-Sho Communications in 2016 with a grant that enabled them to access strategic financial support from MBN Accounting.

Infinite Packaging Solutions (IPS)

IPS was founded by Gary Trueman. IPS services include packaging (comprehensive solution from concept to manufacturing, including custom made packaging); business to business printer (broad range of digital printing services using the latest technologies and techniques ensuring quality, flexibility and fast turnaround).

MacRobert provided legal assistance to IPS in 2016 and will continue to do so in 2017.

IPS is a supplier to MacRobert and has become an integral part of its branding and marketing team in 2016 and 2017. Through the MacRobert connection, IPS is also working with Sho-Sho Communications on a number of other projects. This collaboration has been mutually beneficial to both IPS and Sho-Sho Communications.

B-BBEE Certificate 2017-2018

POPI (Protection of Personal Information) Policy

The relationship of MacRobert with its clients, employees and partners is based on mutual integrity and trust and it is therefore committed to maintaining this trust by protecting the privacy of personal information and data disclosed and received from any data subject or data owner at all times and to the best of its ability.

The Management of MacRobert subscribes to the goals and principles of data privacy and information security in line with relevant legislation and its business strategy and objectives. Data privacy and information security is an integral component of the information management structure of MacRobert.

MacRobert has an obligation to ensure appropriate security of all Information Technology (IT) systems (data, equipment and processes) and personal information that it owns and/or controls on behalf of other responsible parties.

The need for data privacy and information security is driven by the following:

• Legal, statutory, regulatory and contractual obligations;
• Risk assessment; and
• Operational principles, objectives and requirements for information systems that MacRobert has defined or developed.

This applies to:

• Any joint ventures, and/or other business organisations that are owned or controlled by MacRobert who receive or process personal information for, or on behalf of the Company;
• The employees and independent contractors of the Company;
• Third-party agreements; and
• Personal information of external data subjects and data owners processed and/or stored by the Company.

The MacRobert POPI policy also includes the domains and frameworks of Logical security, Physical security, Managerial security. Against the background of the aforementioned, it is therefore the focused intent of MacRobert to incorporate all the applicable principles and regulations in this policy and to monitor and enforce compliance to its prescriptions by way of establishing the necessary mandated management, reporting and disciplinary structures to facilitate these outcomes.

• Related legislation, principles, standards, policies and agreements
• Protection of Personal Information Act No. 4 of 2013;
• Promotion of Access to Information Act 2000;
• Companies Act No. 7 of 2008;
• King III Code of Governance Principles;
• Generally Accepted Privacy Principles (GAPP)
• ISO/SANS 27002:2008;
• Company Business Continuation and Disaster Recovery Plan;
• Company Personnel Policy and Disciplinary Code;
• Company E-mail Policy and Procedures;
• Company Acceptable Use Policy and Procedures;
• Company Remote Working Facilities and Mobile Device Policy;
• Company Media Policy;
• Company Password Policy;
• Company Confidentiality Agreements: Employees, Third Parties and Contractors;
• Company Protection of Personal Information Agreements: Employees, Third Parties and Contractors;
• Company Non-Disclosure Agreements;
• Company Third-Party Service and Service Level Agreements; and
• Company Data Classification Policy.

PAIA (Promotion of Access to Information Act)

PART 1 - INTRODUCTION TO MACROBERT INCORPORATED

MacRobert Incorporated ("the Company") is an incorporated entity which conducts business as a law firm. MacRobert has offices in Pretoria, Cape Town and Durban. Mr G. Murray has been duly appointed as Information Officer, to act as the person to whom requests for access to information must be made in terms of the Act.

PART 2 – PARTICULARS OF THE INFORMATION OFFICER (section 51(1)(a))

Information Officer: Mr G Murray – Practice Manager

Postal Address:

• Private Bag x18
• Brooklyn Square
• 0075

Docex Address

• Docex 43
• Pretoria

Physical Address

• MacRobert Building
• 1062 Jan Shoba Street
• Brooklyn, Pretoria
• South Africa

Telephone and email

• Telephone: +27 (12) 425 3400
• gmurray@macrobert.co.za

PART 3 – INFORMATION ON THE ACCESS TO INFORMATION GUIDE (section 51(1)(b))

The South African Human Rights Commission ("SAHRC") has compiled a guide to assist the public with requests to access to information ("the Guide").

The Guide is available at the following website:

www.sahrc.co.za

Alternatively you can contact the Company's information officer, as set out above, to provide you with a copy of the Guide.

PART 4 – NOTICE IN TERMS OF SECTION 52(2) (section 51(1)(c))

The Company has not published a notice in terms of section 52(2).

PART 5 – DESCRIPTION OF RECORDS THAT ARE AVAILABLE (section 51(1)(d))

The Company maintains records in terms of the following legislation, as far as required:

• Income Tax Act 58 of 1962
• The Unemployment Insurance Act 30 of 1966
• Income Tax Act 95 of 1967
• The Attorneys Act 53 of 1979
• The Legal Practice Act 28 of 2014
• Value Added Tax Act 89 of 1991
• Occupational Health and Safety Act 85 OF 1993
• Compensation for Occupational Injuries and Diseases Act 130 of 1993
• Labour Relations Act 66 of 1995
• Basic Conditions of Employment Act 75 of 1997
• The Employment Equity Act 55 of 1998
• The Skills and Development At 97 of 1998
• Promotion of Access of Information Act 2 of 2000
• Electronic Communications and Transactions Act 25 of 2002
• The Protection of Personal Information Act 4 of 2013
• The Cape Law Society Rules
• The Rules of the Northern Province Law Society

PART 6 – DESCRIPTION OF AVAILABLE RECORDS (section 51(1)(e))

The Company has the following records:

• Communication
• Public Product Information
• Media Releases
• Promotion of Access to Information Act Manual
• Internal and external correspondence
• Financial Information
• Financial Statements
• Financial and Tax Records (Company & Employees)
• Asset Register & Insurance information
• Banking details
• Human Resources
• Employee Records
• Employment Contracts
• Personnel Guidelines, Policies and Procedures
• Operational Information
• Operational Information
• Director information
• Client Information
• General Contract Documentation
• Company Guidelines, Policies and Procedures
• Trade Marks
• Statutory Records
• General Operational Information
• Website
• Organisational structure
• Organisation and personal profiles
• News and Publications

PART 7 – PROCESS TO APPLY FOR ACCESS TO INFORMATION (section 51(1)(e))

A requester must complete the application form and submit same to the Company's information officer, at the particulars indicated above.

The completed form must be accompanied by proof of payment of the prescribed application fee, as described below.

Upon receipt of the application form and proof of payment, as aforesaid, the Information Officer will consider the request. If the request is approved, the Information Officer will provide the applicant with a summary of fees payable in respect of the application. Upon receipt of payment the requested information will be supplied.

In the event of the application being denied, the Information Officer will inform the applicant and provide reasons for the decision.

PART 8 – FEES (section 51(1)(e))

The fees applicable to an application for information shall be as per the prescribed fees. A schedule of these fees is attached hereto. The schedule attached is subject to change in accordance with changes to the prescribed fees.

An application fee of R50.00 is payable in respect of each application for information. Proof of payment of the said fee must accompany the completed application form.

No fees are payable by persons who request information pertaining to their own affairs.

SERVICES

Business Process Outsourcing (BPO)

Your business process outsourcing (BPO) or offshoring requirements deserve tailor-made customer engagement solutions. MacRobert’s highly qualified legal and support teams are led by an executive team equipped with sound management experience and a 120+yr firm track record. We can structure a cost-effective business and legal process outsourcing solution for your company, with proven expertise in areas of debt recovery, general commercial contracting and shared services support.

MacRobert has assisted global clients with their outsourcing needs over the past 10 years and continue to provide support services to global clients and neighbouring firms.

One of the leading economies in Africa, with well-developed infrastructure and established trade links with the rest of the continent, South Africa is a suitable base for servicing a global customer base, while also providing access to the rest of Africa.

Corporate and Commercial Law

The Corporate and Commercial Law Department of MacRobert Attorneys specialises in providing expert legal services to domestic and international corporate and commercial clients.

The areas of expertise include:

• Alternative dispute resolution
• Banking and finance
• Benefits – pension, medical and incentive schemes
• Commercial agreements
• Companies and close corporations
• Competition Law
• Corporate governance
• E-commerce
• Entertainment law
• Franchises
• Forensic investigations and due diligence
• Intellectual property, copyright and trade marks
• Liquidation and insolvencies
• Litigation
• Mergers and acquisitions
• Outsourcing
• Property development
• Wills and estates

We have a committed team of excellent staff and up to date resources to ensure that we guide, advise and represent clients in a continuous and rapidly changing environment.

Employment Law

MacRobert's employment law practice group represents, among others, state-owned enterprises, trade unions, local government institutions, major domestic and international corporations in all areas of business and industry, bargaining councils and employers' organisations.

Our areas of expertise include, among others, employment dispute resolution and litigation; advising on restructuring and retrenchments; disciplinary investigations and enquiries; dismissals for incapacity (poor work performance and ill health); dismissals for misconduct; mutually agreed terminations; employment discrimination; employment equity; labour broking services; the use of contract labour (fixed-term employees and independent contractors);

drafting of a wide range of employment-related policies, procedures and agreements; restraint of trade and legal advice on all existing and new employment-related legislation.

In addition to disputes regarding dismissals, we also handle litigation arising out of alleged discrimination, strikes and lockouts, and the review of CCMA/bargaining councils’ arbitration awards.

We also offer services of chairing disciplinary hearings and we offer training of managers, shop stewards, IR consultants and human resources officers in relation to all areas of employment law.

Environmental and Mining Law

Environmental law entails the application of laws and legal principles to any matter relating to water, air, soil, radiation, natural resource utilisation (such as mining or power generation), waste and other emissions and the associated impacts to the natural and human environment. The Environmental and Mining Law Department of MacRobert brings more than a decade of in-depth experience in these complex fields of law to clients in the mining, industrial, power generation, transport, petroleum exploration and production, infrastructure and other commercial sectors. We also have unique experience in rendering environmental and mining law advice within the context of multi-disciplinary consultant teams relating the application of environmental and mining legal principles to technical and scientific scenarios.

The department provides, amongst others, the following services:

• Strategic environmental-legal advice and project coordination
• Environmental legal risk assessments
• Risk and liability management strategies
• Environmental legal compliance assessments and registers
• Environmental legal due diligence investigations in commercial transactions
• Contaminated land sale, remediation and other liability transfer agreements
• Legal advice in respect of environmental impact assessments and public participation
• Legal advice and process coordination during applications for environmental permits, authorisations and licences
• Administrative representations and appeals
• Environmental and mining litigation
• Mining rights audits
• Training and workshops

Estate planning, wills and trusts

The Estate planning law division of MacRobert Attorneys specialises in providing expert advice and services in respect of the following:

• Drafting and safekeeping of wills
• Estate planning
• Mortis causa and inter vivos trusts
• Deceased estate administration

Financial Recoveries

Our Financial Recoveries division offers a sophisticated service of managing debtor’s accounts. The service includes continuously making contact with debtors who are in arrears with their repayments for 30 days or even less. Contact is established through sms, telephone calls and written correspondence. MacRobert has mastered the credit collection ability via a call centre by using a combination of the above, together with a certain measure of persistency and the legal process where necessary. By making contact with the debtor and obtaining a promise to pay (PTP) the first month when a payment is not honoured, our clients are first in line for payment against other creditors.

Our collection success and exceptional conversion ratios are based on a variety of factors being:

• A sophisticated debt collection program;
• Various tracing facilities, both in?house and external;
• A dedicated team of credit consultants that are incentive and target driven;
• Prompt and persistent follow up on default payments;
• Automated sms’s sent out as payment reminder;
• Various collection strategies;
• Accurate reporting system on all operation factors required to run a successful debt collection operation.

For our Financial Recoveries we use Customised Electronic Debt Collection Management System catering for the client’s specific needs. This not only result in improved collections, but through the combination of tradition legal collection methods and the call centre functionality, even better results are achieved. In addition, the psychological leverage as legal firm also leads to improved repayments and settlements.

MacRobert has developed an operating platform called MaViS™, (short for the MacRobert Virtual Secretary). MaViS™ was created during 2003 and the design required the involvement of lawyers, accountants, managers and system designers. MaViS™ is a product developed by Directors and Managers and it assists in ensuring an increased level of service quality to our clients. In 2007 Mavis was upgraded to include the latest software technology and to install the software programme EXCALIBUR.

EXCALIBUR offers the following:

• Speedy debt collection with integrated accounting and reporting function
• Mass SMS communication functionality
• Large scale debt collection through a paperless call centre console
• A “follow-up” legal service when client defaults
• Accurate daily, weekly and/or monthly reports, depending on client needs

Ability to handle large volumes Combined with our experienced legal knowledge in debt collection, the technology at our disposal results in our proceeding with appropriate and relevant legal action at the right time in case of default.

Trade Marks and Copyright

The nature of a trade mark

The easiest way to describe a trade mark is to think of it as a "brand". It can be a name for a product (OMO), a shop (TRUWORTHS), a business (STANDARD BANK), a logo ( the Mercedes Benz "star"), a slogan (YOU'VE GOT AN UNCLE IN THE FURNITURE BUSINESS), a shape (the shape of the Dimple whisky bottle), or combinations of these.

Only distinctive trade marks can be registered. This means that it cannot be descriptive (CD SHOP cannot be registered for a CD shop), nor merely laudatory (no exclusivity can be obtained in words such as "good", "unique" or "best').

All pending and registered trade marks appear on the Trade Marks Register, which can be searched. It is very important to do a search before a new name is used or a trade mark application filed, as it may be similar to another name already on the Register which could lead to all kinds of legal problems.

It is important to understand that the registration of a trade mark does not give a monopoly for all things and businesses. There is an international classification system with 45 classes and one trade mark application can only cover one class. For example, if a person wishes to protect a new name both for clothing and for handbags, two classes are involved, and two applications will have to be filed, one in each class. When instructing us to do a search or to file an application, it is therefore very important that we are given precise information as to what the name will be used for.

The registration process

The registration process works as follows: -

An on-line application form is completed which must contain details of the applicant, a physical address, the class and the products and/or services to be covered.

The e-filing system records the date of the application and allocates a number to it.

The next step is the examination of the application by the Office. Currently it takes about 9 months for an application to be examined. The examiner will check that all the details are completed, that a Power of Attorney is on file, consider whether the trade mark is distinctive (if not, the application will be refused) and do their own search to check that there is not a similar trade mark already on the Register (if there is, the application will also be refused). The examiner may also have requirements like the entering of a disclaimer for common words and other routine requirements.

Once the requirements of the examiner have been complied with, or we have successfully argued against a refusal, we prepare a draft notice of acceptance for formal issue.

We then arrange for the application to be advertised in the monthly Patent Journal. Other trade mark owners have three months from publication to formally oppose the application (opposition proceedings are very similar to High Court proceedings).

If no opposition is entered within the three month period, we prepare a draft registration certificate and send it to the Office to be dated, signed and sealed. Currently there is about a six month delay in the issue of registration certificates.

The effective date of the registration is the date the application was filed, not the date the registration certificate was issued.

The duration of a registration

A trade mark registration lasts for ten years from the application date, and can be renewed indefinitely for periods of ten years at a time.

The effect of a registration

A registration gives the owner a monopoly in the trade mark (and a "confusingly similar" trade mark) for the goods/ services the trade mark is registered for, as well as for "similar" goods/services.

If a trade mark covered by a registration is not used for a continuous period of five years, the registration becomes vulnerable to removal on the basis of non-use.

Personal Injury Law

The personal injury department enjoys an extensive reputation for the successful and satisfying resolution of cases in the field of personal injury law. We have established substantial expertise, skill and experience across all areas of personal injury, which include motor vehicle and other accidents, fatalities and serious injuries, product liability, wrongful arrests and a whole array of other delictual claims.

Our professional team is dedicated to promptly and aggressively pursue justice on behalf of our clients and is committed to provide the best service possible to protect their rights and achieve the settlement they deserve. Our knowledge and litigation experience is complemented with compassion but also resolve to ensure the best results for our clients both in and out of court. We also offer our service on a contingency basis.

Professional Indemnity Law

The professional indemnity litigation department provides expert legal representation to medical and related healthcare professionals as well as to other professionals who require assistance in dealing with claims, professional disciplinary proceedings and other legal challenges arising from the practise of their professions. We are recognised as being one of the leading providers of these services in South Africa, having represented the premier provider of professional indemnity cover to healthcare professionals for the last forty five years. In addition we also represent other providers of health care indemnity to the medical profession.

The services provided by our department include not only assistance in the defence of claims for damages instituted against professionals arising from the practice of their professions, but also legal representation with inquests, criminal matters and representation and advice relating to professional disciplinary proceedings and other aspects of practice. Some sixteen professionals in the department are dedicated to the provision of these services.

Property Law

The Property Law Department at MacRobert Attorneys has a proud heritage and an established reputation as a leader in the field of property law. Over many decades MacRobert has produced – and is still producing – eminent lawyers representing the interests of the industry at local level (the Property Law Committee of the Pretoria Attorneys’ Association), provincial level (the Property Law Committee of the Law Society of the Northern Provinces) and at national level (the Property Law Committee of the South African Law Society and the Deeds Registries Regulations Board).

MacRobert represents all the major banks in South Africa and acts on behalf of developers countrywide. Specialised knowledge concerning township establishment and sectional title schemes enables MacRobert to render exceptional service to clients. The members of MacRobert’s professional and dedicated team comprehend the issues that cause client frustration and employ their expertise in resolving property law matters. The combined expertise of this professional team exceeds 180 years of service.

Tax Dispute Resolution and Litigation

The field of tax litigation and tax dispute resolution has become increasing complex. Attending to tax disputes requires an in-depth knowledge of the relevant tax legislation as well as the impact of Administrative and Constitutional law.

The team at MacRobert have the experience to assist you to navigate these complex pathways.

We are able to service our clients from our offices in Pretoria, Cape Town and Durban.

Our team has experience in dealing with some of the most complicated tax disputes. This relates to the providing of advice, assistance in regard to the preparation and filing of objections, appeals and litigation in the Tax Court.

Our team is also available to assist in regard to Alternative Dispute Resolution where this is appropriate.