Incorporated Practice Areas

The legal services offered by Abrahams Kiewitz are fluidly organized into practice areas according to clients' project needs. Structured for responsiveness and effectiveness, the firm's professional team is able to collaborate easily and closely with colleagues in different practice areas and specializations to present a complete legal solution to meet clients' needs.

The firm's spectrum of legal services is broadly divided into seven main streams: Litigation and Dispute Resolution; Property Law; Competition Law; Constitutional and Administrative Law: Insolvency, Liquidation & Business Rescue; Labour Law and Public Interest & Human Rights Law.

Litigation & Dispute Resolution

The firm aims to resolve clients' disputes as expeditiously as possible. To the extent that disputes are not resolved prior to litigation, it has vast experience Magistrate Court, High Court, Supreme Court of Appeal and Constitutional Court litigation.

Clients' matters are thoroughly considered beforehand to advise on the merits of success and the appropriate jurisdiction within which to institute its dispute. The firm works with an extensive network of experienced junior and senior advocates to provide clients with the best advice on its matters.

Increasingly, clients are looking to mediation and arbitration as a means of resolving their disputes swiftly. Abrahams Kiewitz is well-placed to provide such services to clients.

Litigation & dispute settlement services

Magistrate and High Court civil and commercial litigation
Mediation and arbitration
Debt collection and commercial recoveries

Property Law

Most people, at some point in time in their lives, either buy or rent a house. To many this might be the most important transaction in their lives. For this reason, at Abrahams Kiewitz, we take serious property transaction that involve purchasing or renting. This area of work has been and continuous to be one of the mainstay of the firm's work.

The firm renders a broad spectrum of conveyancing services such as transfer of property, registration and cancellation of mortgage bond. It also acts as a services provider to most of South Africa's commercial banks in the registration and cancellation of mortgage bonds.

The firm also acts for property developers and has developed considerable experience in areas of rezoning, development agreements, sale agreements, leases, sectional titles and building contracts.

The department's expertise in this area is complemented by the expertise of the firm's public interest department in respect of land reform and restitution claims and its work with Communal Property Associations.

Property Law Services

Purchase and Sale Agreements
Option Agreements
Residential Property Transfers
Agricultural Property Transfers
Commercial Property Transfers
Development Agreements
Development of Schemes (Sectional Title and Cluster Developments)
Township Establishment
Extension, Consolidation and Sub-Division of Sectional Title Units and Schemes
Registration of Mortgage Bonds (Home loans, Building Loans, Commercial Finance, Financial Structuring and Banking Facilities)
Joint Ventures
Lease Agreements
Advice on the relevant laws and regulations affecting zoning, land usage and the environment
General advice on property transactions and conveyancing

Competition Law

The advent of the Competition Act of 1998 ushered in a new era of competition law in South Africa. Distorted economic practices of the past resulted in excessive concentrations of ownership and control within the national economy, inadequate restraints against anti-competitive trade practices and unjust restrictions on full and free participation in the economy by all South Africans. The new Act aims to achieve an open economy with greater participation by all through a competitive environment.

Abrahams Kiewitz has been at the forefront of reporting anti-competitive practices on behalf of affected clients and whistle-blowers. The firm's professional staff has built a thorough understanding of the workings of the South African Competition Commission and Tribunal respectively.

Abrahams Kiewitz has been the first firm to undertake a class-wide action for civil damages on behalf of affected bread consumers in the Western Cape against bread manufacturing companies that were found to have engaged in anti-competitive practice.

Competition Law Services

Advising clients on potential anti-competitive practices
Reporting anti-competitive practices to the Competition Commission
Representing clients before the Competition Commission and Competition Tribunal
Instituting claims for civil damages on behalf of clients arising out of an anti-competitive finding by the Competition Tribunal

Constitutional & Administrative Law

South Africa's 1996 constitution forms the corner-stone of its new democratic dispensation and is the supreme law of the country. The Bill of Rights, embedded in the constitution, affirms the democratic values of human dignity, equality and freedom.

Abrahams Kiewitz has, since its inception, made constitutional and administrative law a key part of its services. It has developed huge experience in the vast area of law ranging from advice and interpretation of legislative provisions, validity of legislation and the common law and advising on and challenging legality of administrative decisions.
The firm has been at the forefront of some landmark Constitutional Court judgments.

Constitutional & Administrative Law Services

Advising on and judicial reviews on constitutional and administrative matters;
Challenging the constitutionality of legislation and regulations;
Procurement disputes

Insolvency, Liquidation & Business Rescue

In a business environment that is increasingly competitive, businesses are often faced with having to make very difficult commercial decisions. Such decisions may entail having to place a business into liquidation. However, the new Companies of 2008 now makes it possible for businesses to first consider business rescue before having to file liquidation proceedings.

The firm has a dedicated group of professionals that are able to advise businesses on the best options available, given the specific needs and circumstances of a particular business. Once a decision has been made to place a company into business rescue or liquidation, the firm works with a number of external professionals on how best to bring such applications.

Insolvency, Liquidation & Business Rescue Services

Liquidations, insolvency and business rescue applications
Voluntary winding-up

Labour Law

Given the past labour law history of South Africa, the country has adopted a labour law regime that aims to advance economic development, social justice, labour peace and the democratisation of the workplace. The Labour Relations Act of 1995 forms the backbone of this objective. However, the labour legislation in South Africa is complex and requires skilled and experienced lawyers to provide considered labour law advice.

Labour Law Services

Providing advice on and draft employment contracts and procedure policies
Disciplinary hearings
Labour Court applications and hearings

Public Interest and Human Rights Law

Public interest litigation seeks to advance a cause that is in the broader public interest or affects particular groups of people such as the poor and marginalized. Often such people do not have easy access to the law and the issues affecting them are of particular public interest. Such litigation invariable goes hand in hand with the rights contained in the Bill of Rights of our Constitution.

Abrahams Kiewitz has been and continues to be at the forefront of very important public interest and human rights litigation in South Africa. The firm has been a leader in developing class actions in South Africa as a means of making public interest and human rights litigation more effective.

The firm has brought a number of landmark public interest cases before the courts.

Public Interest and Human Rights Services

Constitutional and administrative matters that are of particular public interest providing assistance to communities in land and reform and restitution matters