57 Mosalo Street, Atteridgeville, Pretoria

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Welcome to M&M Legal
Twenty Five YEARS

EXPERIENCE

Mtimkulu & Madungandaba Attorneys is a South African based, female-led law firm. Whilst our basis lies in South Africa, our outlook is African and global. Mtimkulu & Madungandaba was established in the beginning of 2020 however, the combined experience of its attorneys is over 25 years. Our vision is to have M and M legal be at the forefront of technological advances that can make providing legal services to our clients far more seamless and efficient.

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Our Practice Areas

We believe that the apex and the culmination of legal factual disputes grounded in commerce and various other industries is litigation. When we go to court, it would have been after carefully considering whether litigation is the route to go. Litigation is expensive, and because we are sensitive to the economic times and understand that some matters may be resolved without need for litigation, we would always try and mediate on our issues and reach settlement prior to embarking on the lengthy process of litigation. If the parties are unable to reach an amicable solution and indeed litigation is sought, we would ensure that the court process would run as swiftly as possible, so as to ensure urgent and satisfactory relief for our clients, as often as possible through our undying efforts. We are able to:

  • Advise on legal strategy for court
  • Mediate matters
  • Run settlement negotiations
  • Consult and draft various pleadings and applications, interlocutory and otherwise
  • Provide opinions
  • Oversee the entire litigation process from services, fillings and liaisons between the parties
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    We are able to represent companies, organisations as well as individuals in Labour related matters. We understand the turbulent labour economy in South Africa and would endeavour to handle any proceedings, negotiations and hearings with the level of due care needed to mediate what would often be tense relations between parties. We are able to advise on:

     

    • Employment contracts
    • Disciplinary hearings
    • Employee complaint investigations
    • CCMA proceedings
    • Labour Court proceedings
    • Unfair dismissals
    • Company restructuring and retrenchments
    • Trade Unions
    • Strikes
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      We believe in the Supremacy of the Constitution and we believe that it is the ultimate standard against all actions, whether by individuals or entities should be judged by. We also understand the intricacies that exist in the efforts to balance the various exercises of public power with the rights and endowments given to all citizens in South Africa, entrenched in the Constitution itself and given effect to by various pieces of legislation enacted by the legislature. We can advise on:

      • Litigation in the Constitutional Court
      • Litigation against public bodies and figures
      • Applications in terms of the Promotion of Access to Information Act
      • Applications in terms of the Promotion of Access to Administrative Justice Act
      • Litigation involving Government departments
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        Often times, clients would be running an ad-hoc project such as capital raising or changing the operational structure of a company. Client might want ad-hoc on-going legal advice on the particular project they are running. This is where this service offering falls in place. This offering is a more hands on, on site arrangement where we would spend more time in meetings related to the project and offer on-going legal advice on particular issues you may be facing as the project develops and grows. We would:

        • Advise on project legal aspects of the specific details of the project
        • Advise on the regulatory scope of the project
        • Provide insights on other related matters to consider

        We understand that the procurement process is one that has been riddled with controversy and that it is essential for government employees to conduct their work in a manner that is consistent with the legislation governing the use of public finance. We can advise on litigation involving:

        • Government departments;
        • interpretation of the PFMA; and
        • Tender bids and Bid Adjudication committees
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          We believe that: property is truly a double-edged sword. We believe this is one area of law where we see public and private law more plainly intersect and clash. The property clause in the Constitution is highly contested and under debate with many stakeholders pushing for and against expropriation of land without compensation. Claims for land restitution are still on-going and being processed. Meanwhile, there are new townships that are being established, new developments that are emerging everywhere and in these economic times, many transfers of property occurring between people whether it be due to usual sales, divorce proceedings, deaths and inheritances or general distressed properties. We are able to assist in navigating property law as it stands today. We are able to advise on:

          • Transfers of property
          • Consolidations and subdivisions of property
          • Opening of sectional title schemes
          • Developments and township establishments
          • Mortgage registrations and cancellations
          • Servitudes

          When it comes to intellectual property, we believe that ideas and inventions are the key to economic growth and development. We believe that the state should do everything in its power to afford those who come up with brilliant designs and concepts protection from having their ideas and inventions exploited by others for economic value that should rightfully accrue to the originators of the ideas. We are able to assist with registration of:

          • Trademarks
          • Copyrights
          • Patents
          • Designs
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            We believe that at the core of society lies a family and at the core of a family, lies individuals who care about one another. We believe that it is crucial that one’s family matters are handled appropriately as family matters always tend to be sensitive and personal. We also think it is critical to have these affairs in order, so as to ensure that should any unexpected event happen to your family, your wishes are carried out as you would have wanted. We can assist with:

            • Drafting ante-nuptial contracts
            • Setting up trusts
            • Estate planning
            • Drafting of wills
            • Divorce proceedings
            • Maintenance proceedings
            • Deceased estate transfers
            • Changes to matrimonial property regime
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              The Constitution through the bill of rights entrenches our human rights. We believe that more should be done in our country to address the socio-economic challenges facing our citizens. We pride ourselves in representing the down-trodden and giving a voice to those who do not have a voice. We provide services in:

               

               

              • Class actions
              • Public Interest Litigation
              • Government lobbying
              • Urgent applications against landlords
              • Refugee law
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                We believe that in order to foster growth in South Africa’s and greater Africa’s developing economy, it is important that competition is fostered and indeed regulated, so as to avoid behaviours and conduct that may lead to unfair and often illegal competition practices. We are able to:

                 

                 

                • Advise on mergers and acquisitions
                • Advise on vertical prohibited practices
                • Advise on horizontal prohibited practices
                • Advise on the procedures in the competition commission and competition tribunal
                • Advise on procedures in the Competition Appeal Court
                • Advise on competition policy for your business
                • Advise on contractual terms
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                  We believe that sports, media and entertainment are areas that are not widely practised in South Africa and as such, we see ourselves filling a gap that exists for proper representation from the perspective of private as well as state-owned companies and broadcasters. We also believe that individuals require proper representation in these areas. Our sportsmen and women as well our entertainers are often not properly represented in contract negotiations and the lawyers of the sports clubs, or the agents that represent these clubs do not negotiate terms that are in favour of the sportsmen, sportswomen and entertainers. We can provide advice on:

                  • Employment contracts
                  • Coaching contracts
                  • Professional services rendered contracts
                  • Endorsement deals
                  • Management contracts
                  • Employment litigation
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                    We believe that technology will be the main driver of innovation in our country, along with other socio-economic investments. A lot of technology relies on telecommunication infrastructure to be properly implemented and rolled out. We believe that there is a need for various stakeholders within the private and public space to come together to engage on how spectrum will be released and how the high cost of data can be alleviated, so that the broader South African economy may have access to the internet and all the ancillary services that may be accessed through the availability of the internet to these individuals. We also understand that with the rise of technology there are other regulatory issues that become important. Technology intersects with various other industries as it is a component of various industries. An example could be the rise of social media and platforms such as google and amazon, which have highlighted the need for the protection of personal information. We are able to advise on:

                    • Competition in relation to technology
                    • Information and Communication Technology (ICT) issues
                    • Protection of personal information
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                      We believe that individuals require professional assistance especially when it comes to a traumatic experience that would result in a personal injury claim.

                       

                       

                       

                       

                      • Road Accident fund claims and car accidents
                      • Police actions
                      • Civil damages claim against pet owners
                      • Defamation, slander and libel
                      • Slip and fall claims
                      • Work accidents
                      • Medical malpractice
                      • Wrongful death
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