Business Lawyers

Burger Huyser Attorneys’ commercial and contracts practice handles the legal layer of running and growing a South African business — drafting and vetting shareholders’ agreements, supplier and customer contracts, NDAs and lease agreements; company formation, MOIs and CIPC compliance under the Companies Act 71 of 2008; and commercial litigation when disputes escalate to the Gauteng Division of the High Court or a Magistrate’s Court. The practice is led from the Linden/Randburg head office and takes commercial-law instructions across all nine Gauteng branches, with J’Retha van Rensburg (Specialist Consultant: Commercial Law & Contracts) and Mari Köhne (Commercial Law) on the bench. Commercial matters in Gauteng typically file in either the Johannesburg seat or the Pretoria seat of the Gauteng Division, depending on the cause of action and the parties; the firm’s litigation attorneys handle that threshold reasoning upfront so the matter lands in the correct forum on the first attempt.

Why Engage a Business Lawyer for Your Company or Venture

South African commercial transactions sit on top of the Companies Act 71 of 2008, the Consumer Protection Act 68 of 2008, the Protection of Personal Information Act 4 of 2013 (POPIA), and (where competition issues arise) the Competition Act 89 of 1998 — getting the legal foundation wrong at the start is materially more expensive than getting advice before signing. A business lawyer handles both the transactional layer (drafting, vetting, registering) and the dispute layer (litigation, settlement negotiation, debt recovery), and engaging one firm across both ends avoids the gap between advisor and litigator.

For SMEs and growing companies the value of a business lawyer sits in risk reduction — well-drafted contracts, clean share structures, defensible employment documents — rather than in transaction-by-transaction fixes. The Companies Act 71 of 2008 imposes real duties on directors: a fiduciary duty (act in good faith, avoid conflicts, no personal gain), a duty of care/skill/diligence (informed decisions, working knowledge of the company’s affairs), and a statutory duty (compliance, accurate financial records, risk management). Breach can result in personal liability, fines, or criminal charges — which makes governance and minute-keeping a protective measure, not a tick-box exercise.

Burger Huyser Attorneys’ commercial practice is set up to deliver both ends of that work under one roof — commercial lawyers drafting and vetting on the transactional side, with the firm’s litigation department (led by Director Nadine Roesch-Prinsloo at Roodepoort for general litigation) appearing in court when a dispute escalates.

What a Business Lawyer Actually Does (Scope of Service)

The work of a commercial-law attorney in Gauteng falls into six streams:

Workstream	What it covers
Contract drafting and review	Shareholders’ agreements, partnership agreements, NDAs, supplier and customer contracts, lease agreements, service-level agreements, terms and conditions for online businesses.
Company formation and statutory compliance	Company registration with the Companies and Intellectual Property Commission (CIPC), drafting of Memorandums of Incorporation (MOIs), maintaining statutory registers, filing annual returns, beneficial-ownership filings, director-change filings.
Commercial transactions	Acquisitions and disposals, due diligence (corporate records, material contracts, litigation risk, IP ownership, employment matters), restructurings, joint ventures, BBBEE structuring, share buy-backs.
Regulatory and governance	King IV-aligned governance structures, board and shareholder meeting support, company-secretarial services (mandatory for public and state-owned companies; advisory for others), director-duty compliance.
Commercial disputes	High Court and Magistrate’s Court litigation, alternative dispute resolution (mediation or arbitration under AFSA or ad hoc), debt recovery, contractual claims, shareholder disputes.
Specialist commercial support	IP licensing, franchising, commercial property leases, employment contracts (sitting with the firm’s labour practice), POPIA gap assessments and policy drafting.

The Statutory Framework: What Governs SA Business Law

Six statutes set the floor under commercial work in South Africa. Burger Huyser Attorneys applies them as a matter of course on every commercial engagement:

Statute	What it controls
Companies Act 71 of 2008	Company formation, director duties, MOIs, share issues, meetings, financial records, business rescue, takeovers and fundamental transactions. Supplemented by the King IV Report on Corporate Governance (apply-and-explain basis).
Consumer Protection Act 68 of 2008	Goods and services supplied in the course of business to consumers (as defined by the Act); covers fair trading, right to fair value, plain-language disclosure, cooling-off periods.
Protection of Personal Information Act 4 of 2013 (POPIA)	How any business that processes personal information (employee records, customer databases, supplier records) collects, stores, uses and shares that data. Enforced by the Information Regulator. Covers privacy policies, operator agreements, cross-border transfers, incident response.
Competition Act 89 of 1998	Prohibits restrictive horizontal practices (price-fixing, market allocation, bid-rigging) and abuse of dominance. Regulates mergers above prescribed thresholds. Overseen by the Competition Commission and Competition Tribunal.
King IV Report on Corporate Governance	Applies to all entities on an apply-and-explain basis. Sets principles for ethical leadership, performance, compliance, and sustainability.
National Credit Act 34 of 2005	Applies where credit is extended to consumers. Requires registration with the National Credit Regulator, prescribed disclosure, and limits on charges and interest.

Where Matters Are Heard and Filed: The Local Procedural Layer

Commercial matters in Gauteng land in different forums depending on the amount in issue and the nature of the dispute. The most common procedural mistake at intake is filing in the wrong forum — Burger Huyser’s litigation attorneys handle that threshold reasoning upfront.

• CIPC (Companies and Intellectual Property Commission). The registry for company formations, MOIs, annual returns, director changes, beneficial-ownership filings and changes of registered address. Operates separately from the court system and is accessed remotely via the CIPC portal — clients do not need to attend in person for routine filings.
• Gauteng Division of the High Court. Most commercial disputes above R400,000 (and any matter the parties have agreed to be heard in the High Court) are filed here. The Division has two seats: the Johannesburg seat for matters with a southern or western Gauteng nexus, and the Pretoria seat for matters with a northern or eastern Gauteng nexus (including Centurion, Menlyn and Midrand).
• Magistrate’s Court. Smaller commercial disputes — up to R200,000 in the ordinary Magistrate’s Court, and R200,000 to R400,000 in the Regional Magistrate’s Court — and most consumer-plea matters are filed in the relevant Magistrate’s Court for the defendant’s area or where the cause of action arose (Johannesburg, Pretoria, Randburg, Roodepoort, Germiston, Kempton Park, and others).
• Commercial arbitration. A routine route where the parties’ contract includes an arbitration clause — typically under Arbitration Foundation of Southern Africa (AFSA) rules or on an ad hoc basis. Awards can be made an order of court.
• Debt collection matters. Run through the Magistrate’s Court (claims within its jurisdictional ceiling), the High Court (above it), and where appropriate sequestration or liquidation applications — handled within Burger Huyser’s dedicated Debt Collection Department where applicable, led by Marco Basson (Specialist Consultant) and Madeleine Conway (42+ years’ experience).

Confusion between the Magistrate’s Court (which cannot hear claims above R400,000) and the High Court is a common source of misfiled commercial pleadings. The monetary-jurisdiction framework is set out in the Magistrates’ Courts Act 32 of 1944, as amended. The High Court has unlimited monetary jurisdiction for civil matters, and the Gauteng Division’s two-seat structure is administered under the Superior Courts Act 10 of 2013.

What to Look for When Choosing a Business Lawyer

Five criteria separate a useful commercial attorney from one who simply files paperwork:

1. Practical commercial experience. The attorney should be comfortable with both drafting and court appearances when litigation becomes necessary. A transactional-only firm creates handoff friction when a deal turns into a dispute.
2. Multi-disciplinary capability. Commercial matters routinely cross into tax, labour, IP and property. One firm that handles all of this avoids handoffs to second and third counsel.
3. Direct principal-attorney access. Partner-grade work on core transactions and shareholder-sensitive matters, not candidate-attorney handoff on foundational documents.
4. Transparent cost conversation. Fees quoted up front after the engagement scope is understood — not estimated loosely before engagement. Clear distinction between fixed-fee work (e.g. company formation), per-matter quoting (contracts) and hourly with estimate (litigation).
5. Local presence and CIPC fluency. Gauteng-based matters often need an attorney who can manage CIPC filings, attend court appearances, and meet in person across Johannesburg, Pretoria and surrounding areas.

Burger Huyser Attorneys’ commercial bench — J’Retha van Rensburg (Specialist Consultant: Commercial Law & Contracts) and Mari Köhne — works directly with clients on contract vetting, company formation and shareholder-sensitive matters, drawing on the firm’s broader multi-specialist bench (litigation, labour, IP, debt collection) without the client having to brief a second firm. The firm is a member of the Pretoria Attorneys Association and the Johannesburg Attorneys Association — both useful professional-body routes for cross-firm coordination on commercial disputes and for referrals where a matter sits outside the firm’s scope.

Practical Considerations: Cost, Timeline, What to Bring

Fees depend on engagement scope. Burger Huyser Attorneys quotes on a per-engagement basis after the initial consultation — there is no one-size-fits-all fee.

Stage	What to expect
Cost	Company registration is typically a fixed-fee engagement. Contracts and transactions are usually quoted on a per-matter basis after a scoping conversation. Litigation is generally hourly with an estimate up front. Burger Huyser Attorneys quotes on a per-engagement basis after the initial consultation.
Timeline	Company registration via CIPC can finalise in 5–10 working days for a clean file. Contract drafting typically takes 1–3 weeks depending on complexity. Commercial litigation runs on court-issued timelines (pleadings, discovery, pre-trial conference, trial date).
What to bring to the first consultation	ID copies for directors and shareholders, proposed company name(s), existing contracts or proposed terms, current MOI (if any), share register, prior board resolutions, and any prior correspondence with counterparties or regulators.

Choosing the Right Route for Your Commercial Matter

The right forum depends on the amount in issue, the parties, and whether the contract contains an arbitration clause. The table below summarises the typical paths:

Route	Best suited to	Where filed	Typical timeframe
CIPC company registration	New entity formation, MOI changes, director updates	CIPC (remote filing via portal)	5–10 working days for a clean file
Contract drafting / review	New commercial relationships, supplier or customer terms	Not filed; executed by parties	1–3 weeks depending on complexity
Commercial mediation	Parties willing to settle with a neutral facilitator	AFSA or ad hoc	1–3 months end to end
Commercial arbitration	Parties with an arbitration clause seeking a binding award	AFSA or ad hoc	3–12 months depending on complexity
Magistrate’s Court action	Disputes up to R400,000 (ordinary court to R200,000, Regional Court R200,000–R400,000)	Relevant Magistrate’s Court	6–18 months depending on roll
High Court action	Disputes above R400,000, urgent interdicts, reviews	Gauteng Division (Johannesburg or Pretoria seat)	12–36 months depending on complexity

Frequently Asked Questions

What does a business lawyer actually do for a small company in South Africa?

A business lawyer handles the legal layer of running and growing a company — drafting and vetting contracts (shareholders’ agreements, supplier agreements, leases, NDAs), registering the company with CIPC and keeping statutory records current, advising on director duties under the Companies Act 71 of 2008, and representing the company in commercial disputes when they arise. For most SMEs the value sits in risk reduction at the contract stage rather than litigation, and a business lawyer who handles both ends of that spectrum saves the cost of engaging two separate firms.

When does my company need a business lawyer versus a general practice attorney?

General practice attorneys handle a broad mix of legal work (family law, criminal defence, conveyancing, wills). A business lawyer specialises in the company-law and commercial-transaction layer — company formation, MOIs, shareholders’ agreements, commercial contracts, and commercial disputes. The two are not exclusive: many SMEs use a general practice firm that has a commercial department (which is the Burger Huyser model), so the same firm can handle both the day-to-day commercial layer and the non-commercial matters that come up alongside it.

How long does it take to register a company in South Africa?

A clean company registration with the Companies and Intellectual Property Commission (CIPC) typically finalises in 5–10 working days from receipt of all required documents (ID copies for directors, registered address, MOI, initial directors). Name conflicts with existing companies, foreign applicants needing certified apostilled documents, or MOIs that need negotiation between parties can extend this timeline.

What is POPIA and does my small business need to comply?

The Protection of Personal Information Act 4 of 2013 (POPIA) regulates how any business that processes personal information (employee records, customer databases, supplier records) collects, stores, uses, and shares that data. Even a small business with a customer mailing list falls within POPIA’s scope. Compliance typically involves a privacy policy, operator agreements with service providers who handle data on your behalf, internal access controls, and records of processing activities. Non-compliance carries potential administrative fines and reputational risk; a business lawyer can complete a gap assessment and draft the required documents.

How much does a business lawyer cost in Gauteng?

Fees depend on engagement scope. Company registration is usually a fixed fee; contract drafting and review is typically quoted per matter after a scoping conversation; litigation is generally billed hourly with an estimate up front. Burger Huyser Attorneys gives a transparent cost conversation at the first consultation (Linden/Randburg head office 011 888 0246) and quotes on a per-engagement basis once the work is scoped.

Where is Burger Huyser’s commercial law practice based?

The firm’s commercial and contracts work is led from the Linden/Randburg head office (49 First Avenue, Linden, Randburg, 011 888 0246) with J’Retha van Rensburg as Specialist Consultant: Commercial Law & Contracts and Mari Köhne in the Commercial Law bench. Commercial-law intake is available across all Gauteng branches — Sandton (011 253 3080), Pretoria/Menlyn (012 471 5700), Centurion (012 644 4990), Roodepoort (011 668 0030), Bedfordview (011 201 7190), Alberton (011 439 3990), and Midrand (010 022 4082). Initial consultations can be booked at the branch closest to the client’s offices.

Can a business lawyer also help if my company is being sued?

Yes. Burger Huyser’s commercial practice works in coordination with the firm’s general litigation department, so the same firm can defend the claim, handle pre-trial procedural work (pleadings, discovery, settlement negotiation), and appear in the relevant court. Keeping the work inside one firm keeps the strategy and the cost aligned.

Does Burger Huyser help with BBBEE transactions?

BBBEE structuring sits inside the firm’s commercial and contracts practice. The firm advises on ownership transactions, supplier- and enterprise-development structures, and the contractual layer of BEE deals, working with the client’s BEE advisors or auditors where broader advisory work is required.

If you need a business lawyer for company formation, contract drafting, a commercial transaction, or a commercial dispute, contact Burger Huyser Attorneys’ commercial and contracts team on 011 888 0246 (Linden/Randburg head office) or visit 49 First Avenue, Linden, Randburg, 2195. The firm handles commercial matters from the head office and across its Sandton (011 253 3080), Pretoria/Menlyn (012 471 5700), Centurion (012 644 4990), Roodepoort (011 668 0030), Bedfordview (011 201 7190), Alberton (011 439 3990), and Midrand (010 022 4082) branches — initial consultations are booked directly with the relevant branch. Burger Huyser Attorneys carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and was named Commercial Law Firm of the Year 2025 – South Africa by the 5 Star Lawyers Awards 2025. The firm is a member of the Pretoria Attorneys Association and the Johannesburg Attorneys Association.