Litigation

South Africa is a constitutional democracy that adheres to the Rule of Law, meaning that all people are subject to the same laws of justice. Litigation involves the legal process for settling those disputes or claims between and amongst natural persons, juristic persons and the State that requires objective determination. No person is immune against getting embroiled in legal disputes.

It can be a simple buying and selling matter or collecting what is owed to you, but more often than expected a dispute can evolve in a complex civil or criminal matter where you need an experienced and skillful lawyer to persuade an impartial adjudicator to balance competing and conflicting rights in order to arrive at a just and equitable outcome.

Notwithstanding one's best efforts, once a dispute cannot be resolved amicably, you will need a litigation attorney to assist and represent you in resolving the dispute, either through skilled negotiations and a settlement or bringing your case before a court of law or other form of dispute resolution.

Courts and adjudicators depend on attorneys to advise their clients of their rights and to represent them in an honest and skillful manner that advances the interest of the client at all times.

We at Marais Müller Hendricks strive to do just that. Through our directors that specialize in civil and criminal litigation in each of our four branches (link below) and many of whom is admitted to appear in both the lower and higher courts throughout South Africa (link below), faithfully assisted by experienced professional assistants and candidate attorneys in our employ, we have the infrastructure, capacity and expertise to advise, assist and represent our individual and corporate clients, no matter how big or small, in all forms of litigation and alternative dispute resolution.

In this regard, we offer the following specialized services in our litigation departments:

  • Litigation relating to constitutional matters and rights in both the High Court and Constitutional Court
  • Administrative and Judicial Appeals and Reviews in the High Court and Supreme Court of Appeal
  • All civil matters that require litigation in the High Court, Regional Court or Magistrate's Court
  • Commercial litigation, including contractual, engineering and building disputes in specialized forums
  • Matrimonial and Family Law litigation, including divorce, custody and maintenance matters
  • Insurance Law related disputes and claims
  • Personal injury and delictual claims for losses and damages suffered
  • Liquidations, Insolvencies and Business Rescue matters
  • Criminal law cases in the Regional and Magistrate's Courts
  • Arbitrations and Mediations 
  • Disciplinary hearings and administrative law related matters
  • Debt Collections - all aspects of debt recovery, from a specialized call centre to formal court processes and execution

We have represented our corporate clients in a wide scope of industries ─ aviation, manufacturing, construction, banking, insurance and pharmaceutical industries.

As one of the leading firms in the Western Cape, we accept referrals on a regular basis from many other law firms throughout South Africa that require assistance for clients that litigate in the jurisdictions where our offices are situated.

As a proud member of LAW, we are in association with over 100 leading law firms throughout the world. We welcome referrals from our international partners in all spheres of litigation in South Africa.

Through building a trustworthy relationship with all our clients, hard work, devotion and personal commitment at competitive rates, our clients can be assured that resolving legal disputes in the best interest of the client will always remain our primary pledge.

For any litigation related matter, send your enquiry to any of the following directors of MMY that specializes in litigation and court appearances:

Tyger Valley Branch:

 

Kuils River Branch: 

 

Stellenbosch Branch:

 

Cape Town Branch: 

 
  • Clive Hendricks - Civil and Labour related litigation in  the Labour, High and Magistrate's  Court (cliveh@mmha.co.za
  • Oloff Sieberhagen - Commercial litigation (oloffs@mmha.co.za