+ CORPORATE AND COMMERCIAL

HNM provides general advisory services on a range of commercial matters. Our experience includes the following areas of work:

  • Conducting legal due diligences;
  • Advising on mergers and acquisitions, joint ventures, subscription of shares agreements, shareholder’s agreements, and memoranda of incorporation (“MOI”);
  • Generally, advising and drafting corporate and commercial agreements, including funding agreements, financial services advisory agreements, agency agreements, and management of funds agreements;
  • General commercial litigation.

+ LABOUR & EMPLOYMENT LAW

HNM provides advice on labour relations and employment law, including the development of policy and legislation. Our clients include corporates, state owned entities and national and provincial governments in South Africa and Southern Africa.

Our advice and services encompass the entire employment cycle with particular emphasis on the legal implications of restructuring, retrenchment, mergers and acquisitions, disciplinary matters and the management of the employment relationship.

+ DISPUTE RESOLUTION

HNM has played a key role in facilitating and mediating wages and terms and conditions of employment across many key sectors in South Africa. HNM has also mediated major disputes that have arisen during the course of the employment relationship.

HNM has also mediated numerous complex commercial disputes, particularly in the mining sector. The quantums involved have been substantial.

HNM has also advised a number of private and public sector organisations, including national government departments, on conflict resolution models and provided advice at executive level in relation to conflict within organisations.

HNM has also facilitated and mediated the introduction of bus rapid transit systems in several metros in South Africa.

+ INTELLECTUAL PROPERTY LAW AND MEDIA LAW

HNM’s experience in general Intellectual Property and Media law advisory services comprises the following:

  • Drafting and advising on publishing agreements for several publishers and media houses;
  • Drafting and advising on film production agreements;
  • Drafting and advising on recording, management and music publishing agreements for recording artists and performers; and
  • Drafting software development agreements for mobile applications, hosting, deeds of assignments, and licensing, distribution and sponsorship agreements, amongst others.

+ LEGISLATIVE AND POLICY DEVELOPMENT

HNM has considerable experience in successfully developing and drafting policies and procedures in South Africa for corporations and government.

HNM partners’ experience comprises the following:

  • Drafted South Africa’s National Language Policy;
  • Led the drafting of Human Resources Staff Regulations for municipalities on behalf of South Africa’s Department of Cooperative Governance;
  • Led the drafting of Freedom of Information Legislation in Ethiopia;
  • Led the labour law reform process in Tanzania and the drafting of six inter-related sets of labour market legislation, welfare legislation and policy;
  • Advised the Government of Sierra Leone on judicial reform and the design of a Legal Aid System;
  • Led the programme for the alignment of the National Ports Authority in South Africa with the new National Ports Act, 12 of 2005, with the aim of improving port management performance and promoting an efficient, effective and productive industry. This included the drafting of the Port Rules for South Africa;
  • Developed and drafted policy and draft legislation in the education sector in South Africa.

+ FORENSIC INVESTIGATIONS: AUDIT AND COMPLIANCE

HNM has conducted a wide range of legal and forensic investigations into procurement irregularities, corrupt activities, maladministration, leadership incapacity, executive over-reach and employee misconduct in both the public and private sector.

HNM has also reviewed and audited a number of organisations for legislative and regulatory compliance and performance. This has included reviews of the performance of organisations such as the Company and Intellectual Property Registration Office (now CIPC), the Legal Aid Board, South African Management Development Institute, and the Pan South African Language Board, amongst others.

+ PUBLIC LAW AND PROCUREMENT LAW

HNM is well versed in the Public Finance Management Act “PFMA”, Treasury Regulations and the public sector regulatory framework applicable to procurement.

HNM has provided legal advice on legislation governing the Public Service and continues to provide legal advice and litigate on behalf of clients in public law and constitutional law matters. HNM’s experience includes the following:

  • Constitutional Court litigation;
  • Litigation in terms of the Promotion of Access to Information Act “PAIA” and the Promotion of Administrative Justice Act “PAJA”;
  • Electoral Court litigation on contraventions of the Electoral Act 73 of 1998.

+ EDUCATION LAW

We have an in-depth knowledge of legislation pertaining to the private and public education sector in South Africa, having:

  • Advised a number of independent schools and NGOs;
  • Advised and assisted in the drafting of Regulations for provincial education departments;
  • Advised public sector education departments;
  • Provided legal opinions to numerous independent schools pertaining to education law in South Africa;
  • Litigated in terms of Education law.

+ PHILANTHROPY LAW

We have provided legal assistance to clients in the following areas:

  • Advice on the business structure of a Non-Profit Organisation;
  • Registering Non-Profit Trusts, Voluntary Associations and Non-Profit Companies;
  • Applications for tax-exemption in terms of the Income Tax Act 58 of 1962;
  • Applications for registration with the Non-Profit Organisations Directorate;
  • Assisting with changes in the structure of Non-Profit Organisations, such as changes in Board Composition and amendments to the founding document of the Organisation;
  • Assisting with compliance with the Broad-Based Black Economic Empowerment Act insofar as it relates to a Non-Profit Organisation requiring recognition as a Broad-Based Ownership Scheme;
  • Strategic advice on governance structures and compliance with King IV;
  • Drafting grant agreements.