Drafting Of Contracts Johannesburg

Contract drafting in Johannesburg is the work of a commercial law attorney who turns a business handshake into an enforceable, plain-language agreement that allocates risk between the parties — typically covering commercial supply, lease, shareholders, sale-of-business, services and non-disclosure agreements under South African common law and, where applicable, the Companies Act 71 of 2008 and the Consumer Protection Act 68 of 2008. Burger Huyser Attorneys’ Commercial Law and Contracts practice runs from its Linden head office (49 First Avenue, Randburg) with intake also available at the Sandton, Bedfordview and Midrand branches. Drafting fees are quoted per file after an initial consultation, with turnaround typically ranging from a few days for short NDAs to several weeks for layered commercial agreements.

Why Engage a Specialist Contract Drafting Attorney in Johannesburg

A drafted contract is the only practical record of what was agreed, and is the document a court will read first if anything goes wrong — the way the clauses are written determines who carries the risk and how disputes are resolved. For Johannesburg-based businesses, having the contract drafted by an attorney familiar with local commercial practice (and the Gauteng Local Division of the High Court as the default forum for commercial litigation) avoids the gap between an oral deal and an enforceable written record.

Specialist drafting is not the same as template-filling. Every commercial deal has its own risk profile, and a one-size-fits-all template either over-allocates risk or leaves gaps that only show up when the contract is disputed. The firm’s Commercial Law and Contracts practice, led by specialist consultant J’Retha van Rensburg, is structured exactly around this distinction — drafting from a client brief rather than retrofitting generic clauses.

What the Service Covers (Scope of Engagement)

Burger Huyser Attorneys’ Commercial Law and Contracts practice handles the full drafting-and-review lifecycle for South African commercial agreements:

• Drafting new contracts from scratch — based on the client’s commercial brief, in plain language, with clauses tailored to the deal and to the governing South African law.
• Reviewing contracts drafted by the other side — line-by-line review, identification of red-flag clauses, and a marked-up version with proposed amendments.
• Negotiating amendments — corresponding with the counterparty’s attorneys, attending to red-line exchanges, and finalising agreed wording.
• Sector-specific contracts — shareholders’ agreements, sale-of-business agreements, lease agreements, services agreements, supply agreements, employment contracts, NDAs and confidentiality agreements, MoUs and term sheets.
• Execution formalities — attending to signature, witnessing, and where required notarial execution or Companies and Intellectual Property Commission (CIPC) lodgement.

The Drafting Process, Step by Step

1. Initial consultation at the Linden, Sandton, Bedfordview or Midrand branch to scope the contract and the commercial deal.
2. Receipt of the client’s written brief — what is being agreed, between whom, what risks need to be managed, and what the desired outcome looks like.
3. First-draft preparation by the commercial law attorney, with a tracked-changes working version sent to the client for review.
4. Client review and feedback, with a follow-up meeting or call to walk through any changes.
5. Final-draft preparation, exchange with the counterparty (or their attorney), and negotiation of amendments.
6. Execution by both parties, with the original agreement filed in the firm’s deeds register or returned to the client as instructed.
7. Post-execution follow-up — any related filings (CIPC, lease registration against the title deed where applicable), and a courtesy review if the client’s circumstances change.

Common Contract Types Drafted for Johannesburg Businesses

Contract Type	What It Covers	Typical Use
Shareholders’ agreements	Rights and obligations between co-shareholders, including drag-along, tag-along, deadlock resolution and exit mechanisms for private companies	Private companies with two or more shareholders, regulated by the Companies Act 71 of 2008
Lease agreements	Commercial and residential leases, registered against the title deed where required	Commercial tenancies, especially leases longer than 12 months under the Alienation of Land Act 68 of 1981
Sale-of-business agreements	Asset-versus-share sale, goodwill, restraint-of-trade, warranties	Sales of going concerns, often with concurrent employment restraint negotiations
Services and supply agreements	Scope of services, payment terms, service-level commitments, IP ownership, limitation of liability	B2B service providers, suppliers, distribution arrangements
Non-disclosure and confidentiality agreements	Short turnaround, mutual or one-way obligations	Used at the start of commercial discussions, before the formal agreement
Employment contracts and restraint agreements	Fixed-term, permanent, and post-employment restraints	The firm’s Labour Law department handles dedicated employment work; the commercial-law overlap is where the two intersect
MoUs, term sheets and letters of intent	Pre-contractual framework documents	Setting out the deal terms before the formal agreement is signed

The Johannesburg Filing and Enforcement Layer

Commercial contracts generally do not require registration to be enforceable between the parties — the agreement is binding from the moment both parties sign and exchange. Three refinements matter for the Johannesburg context:

• Leases longer than 12 months must be registered against the title deed under the Alienation of Land Act 68 of 1981 to bind successors in title (a new owner who buys the property is not bound by an unregistered long lease).
• Shareholders’ agreements affecting companies registered with CIPC are not registered with CIPC but are kept on file and produced on demand — most banks, investors and other counterparties will ask to see them as part of due diligence.
• If a contract is breached, enforcement runs through the Gauteng Local Division of the High Court (Johannesburg) for matters arising in the metro, or through the Magistrate’s Court for claims within its jurisdictional ceiling.

Working from Linden, with Branches Across the Johannesburg Metro

Burger Huyser Attorneys’ contract drafting practice runs from its Linden head office at 49 First Avenue, Randburg, with intake also available at the Sandton branch (Block 3, 1st floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston), the Bedfordview branch (45A Florence Avenue, Bedfordview), and the Midrand branch (Waterfall Crescent South, Waterfall Office Park, Bekker Road, Vorna Valley, Midrand). Most Johannesburg contract drafting files are scoped at the first consultation in person, then continued by email and telephone as drafts are exchanged with the counterparty’s attorneys — clients who would rather not travel into Linden can book the initial scoping at whichever branch is closest to their offices, and the firm’s commercial law team handles the rest from the head office file.

For Sandton-based businesses the Bryanston branch is the practical first point of contact; for Midrand-based clients along the N1 corridor the Midrand branch serves the same role; and for clients east of the metro the Bedfordview branch sits just off the R24/N3 interchange. The Gauteng Local Division of the High Court in Johannesburg is the default forum for any commercial dispute arising under a Johannesburg contract, and the firm’s Commercial Law and Contracts practice works closely with the Litigation practice when a drafted agreement ever has to be enforced.

What to Look for When Choosing a Contract Drafting Attorney in Johannesburg

• Specialist commercial law experience — not just a general practitioner who occasionally drafts contracts; the work should sit inside a dedicated commercial law practice.
• Plain-language drafting — the contract should be readable by the business owner who has to live with it, not just by another lawyer.
• Practical, deal-aware advice — the attorney should understand the commercial deal well enough to flag risks the client has not yet thought of.
• Transparent fee conversation — quoted per file after the initial consultation, not estimated loosely before the work is scoped.
• Local Johannesburg presence — proximity matters when the deal moves fast and the client needs to drop in with a marked-up draft or sign in person.

Burger Huyser’s Commercial Law and Contracts practice, run by specialist consultant J’Retha van Rensburg with admitted attorney Mari Köhne supporting the team, is built around exactly these criteria — a dedicated practice area, plain-language drafting, transparent per-file quotes, and four Johannesburg-metro intake points.

Practical Considerations: Cost, Timeline, What to Bring

Factor	What to Expect
Cost	Quoted per file after the initial consultation; complexity and length of the agreement drive the fee rather than a fixed menu. Simple NDAs sit at the low end; layered commercial agreements sit at the high end. The firm gives a transparent cost conversation up front.
Timeline — short agreements	NDAs and simple services agreements typically turn around within a few days.
Timeline — layered agreements	Shareholders’ agreements, sale-of-business, and leases with schedules typically take two to four weeks, with extra time where the counterparty’s attorneys negotiate amendments.
What to bring to the first consultation	A written brief on what is being agreed; any draft or term sheet from the counterparty; details of the parties and entities involved; and any specific risks or unusual terms already discussed.

Book a contract drafting consultation in Johannesburg. Contact Burger Huyser Attorneys’ Commercial Law and Contracts practice on 011 888 0246 (after-hours 061 516 6878) or visit the head office at 49 First Avenue, Linden, Randburg, 2194. The initial scoping can be booked at whichever branch is closest to your offices — Sandton (011 253 3080), Bedfordview (011 201 7190) or Midrand (010 022 4082) — and the firm will quote on a per-file basis once the brief is in. The Commercial Law practice is led by specialist consultant J’Retha van Rensburg, with admitted attorney Mari Köhne supporting the team, and the firm carries a 4.8/5 average across 250+ Google reviews.

Frequently Asked Questions

How much does it cost to have a contract drafted by an attorney in Johannesburg?

Fees depend on the complexity and length of the agreement rather than a fixed menu. Burger Huyser Attorneys quotes per file after an initial consultation at the Linden, Sandton, Bedfordview or Midrand branch. Short agreements (NDAs, simple services agreements) typically fall at the lower end; layered commercial agreements (shareholders’ agreements, sale-of-business, leases with schedules) fall at the higher end. The firm gives a transparent cost conversation up front rather than a loose pre-engagement estimate.

How long does it take to draft a commercial contract in Johannesburg?

Turnaround depends on the type of agreement and the negotiation cycle. Short agreements (NDAs, simple services agreements) typically turn around within a few days. Layered commercial agreements (shareholders’ agreements, sale-of-business, leases) typically take two to four weeks, with extra time if the counterparty’s attorneys negotiate amendments. Burger Huyser gives a realistic timeline at the initial consultation once the brief is scoped.

Do I need a lawyer to draft a contract, or can I use a template?

Templates are a starting point, not a finished product. They do not account for the specific risks, commercial deal points or governing law of the transaction, and they often include boilerplate that does not fit South African law. A specialist drafting attorney tailors each clause to the deal and flags risks the template never asked about — which is what a court will read at first if the contract is ever disputed.

Where is the Burger Huyser head office, and what are the hours?

The head office is at 49 First Avenue, Linden, Randburg, 2194. Telephone 011 888 0246 (mobile/after-hours 061 516 6878). Open Monday to Friday, 7:30am to 4:30pm. Intake for Commercial Law and Contracts is also available at the Sandton (011 253 3080), Bedfordview (011 201 7190) and Midrand (010 022 4082) branches.

Can Burger Huyser review a contract drafted by the other side?

Yes — the firm reviews counterparty drafts on a line-by-line basis, identifies red-flag clauses, and provides a marked-up version with proposed amendments. This is often faster and cheaper than drafting from scratch, and is the right starting point when the counterparty has already invested time in their draft. The review can be scoped and quoted at the same initial consultation as a fresh draft.