COMMERCIAL AND BUSINESS LAW SPECIALISTS

Our Construction and Engineering law team has an in-depth understanding of issues pertaining to the construction and engineering environment. The team delivers practical insight and solutions efficiently and cost-effectively.

The team has great experience in South Africa’s renewable energy programme with vast knowledge of FIDIC and NEC contracts.

Our services and areas of specialization include:

Advice on Construction and engineering claims, and dispute resolution

Advice on project specific insurance requirements and exposure

Advice on Standard Form Contracts (including FIDIC, NEC, JBCC, GCC and other standard forms recommended for use by the Construction Industry Development Board and the Built Environment professions)

Drafting of project specific contracts

Advice on applicable legislation, including the Construction Regulations 2003, the Built Environment professions legislation and regulations and the Construction Industry Development Board legislation and regulations

Construction and engineering sector mergers, acquisitions and disposals, and due diligences

Development leases

Advice on environmental impact assessments, water, waste and rehabilitation in construction, and appeals and reviews of decisions of environmental authorities

Advice on local zoning requirements and developmental legislation and appeals to decisions on developmental, town planning and zoning matters

With extensive experience in drafting various legal agreements for both listed and non-listed companies, including financial institutions, we can assist you in the drafting and reviewing of both straightforward to more complex legal agreements.

Agreements drafted and reviewed include:

Bespoke Memorandums of Incorporation

Confidentiality agreements

Offers to purchase

Shareholders agreements

Partnership agreements

Sale of business agreements

General terms and conditions

Commercial & residential Lease agreements

Agency & distribution agreements

Indemnities, disclaimers and waiver of liability forms

Agreements of use

Service level agreements

Restraints of trade

Private company Mergers & Acquisitions

Regulatory matters

Venture capital

Equity and debt finance

Credit agreements

Agreements of cession and pledge

Subordination of loan agreements

Letters of undertaking / negative pledges

Acknowledgments of debt

Suretyship Agreements

Should you wish to forego an hourly rate in respect of the drafting of a particular legal agreement, we are flexible in determining a fixed rate per agreement.

Our forensic team helps manage risk by accurately and expediently unraveling financial mysteries. We use cutting edge methodologies to identify and prevent your business or organization from becoming a victim of fraud, corruption or any form of white-collar crime. Our forensic investigation, forensic auditing and forensic accounting experts provide forensic support to help prevent, detect and investigate various forms of financial improprieties.

We use a multi-disciplinary approach; we draw on accounting, auditing, investigative, IT, labour relations, legal and other expertise from both, inside Myeni Attorneys and relevant external industry experts. Every request from a client is unique but, based on our vast experience, we pride ourselves on providing tailor-made and cost-effective forensic solutions for clients in both the private and public sectors.

We offer specialized forensic accounting, litigation support, expert witness and transaction support services, including financial due diligence and business valuation services. Our broader forensic services (proactive and reactive) includes the following:

Forensic investigations into alleged fraud, corruption and theft, for the purposes of: disciplinary proceedings

Criminal and/or civil litigation

Fraud awareness training

General fraud and anti¬corruption consulting

Fraud prevention programmes organizational fraud and anti¬corruption awareness surveys

Development of fraud and anti¬corruption policies and codes of conduct

Assessment, monitoring and review of fraud and anti¬corruption policies and programmes

Anti-money laundering policies and programmes

Dispute resolution

The South African Constitution stipulates that fairness, equity, transparency, competitiveness and cost-effectiveness should guide all public procurement necessitating an interaction between Administrative law and Procurement law. Our specialist team offers legislative framework expertise in public sector procurement underpinned by extensive knowledge and understanding of the regulatory regime governing procurement in the public sector.

We have a thorough understanding of the following:

Preferential Procurement Policy Framework Act (PPPFA)

PPPFA Regulations

Public Finance Management Act 01 of 1999 (PFMA)

Treasury Regulations

Municipal Finance Management Act 56 of 2003 (MFMA)

MFMA Regulations

Myeni Attorneys also incorporates a BEE Advisory and Consulting Division. We historically focused our services around Broad Based BEE in South Africa. Our focus has extended to include solutions that meet the challenges of carrying out successful and value-adding corporate strategy, empowerment, transformation, and sustainability programmes.

Our solutions include:

Strategy development that makes business sense

BEE Scorecard verification preparation - making sure you have identified all gaps on your scorecard

In-House and Public training courses - on all the pillars of BEE

BBBEE Scorecard Software - allowing you to track and monitor your Scorecard on all dti gazetted BBBEE codes

Scorecard Gap analysis and context briefings

Social and Ethics Committee services

Multinational services - Equity Equivalent programmes without the sale of Equity

Human Capital Services including Employment Equitys

Supplier Verification and Supplier training on expectations regarding BBBEE

Supplier Enterprise Development - ED from a strategic perspective - empowering your suppliers

Tender preparation - PPPFA aligned to BBBEE

Ownership Solutions including Equity Equivalent Programmes, Trusts, Trustee Training, Broad Based Ownership schemes

Our objective is to help our clients integrate BBBEE, social responsibility and socio-economic empowerment into their strategic vision, with an objective of encouraging sustainable business growth and social development