subject: Understanding South African Law And Conducting Business In South Africa [print this page] South Africa is rapidly becoming one of the leaders in commerce and industry in Africa with several major cities that feature world class universities and a booming industrial base. However all of this modernization has not come without its share of struggles, both civil and legal. In a country where apartheid was once the rule of the land, freedom for all is the new keyword and everyone has the same opportunity to succeed.
With all of these freedoms come a wealth of legal issues that have to be dealt with on a daily basis, this has led to the need for qualified legal counsel for a variety of matters both civil and legal. The more progressive a nation becomes it becomes very important that responsible and reputable attorneys are available to protect the interests of individual citizens as well as small and large businesses. Legal firms such as Webber Wentzel have been established for many years and have come to understand the South African Legal system.
Understanding the legal system in South Africa is no easy feat as it is comprised from parts of the British, Dutch and indigenous laws. To someone who is not familiar with how each of these systems it can seem very confusing, which can lead to confusion and some very serious legal issues. As South Africa has emerged into a major business hub the need for a law firm that fully understands not only the local laws but international business has become vital.
For most companies located in South Africa the prospect of having to deal not only with companies located throughout the continent, but with their laws and governments can be a major headache. In many cases the problems can be enough to stop a company from wanting to conduct business beyond the borders. The problem is that with so many developing markets, this may not be an option.
Legal firms such as Webber Wentzel have attorneys on staff that are familiar with many of the legal systems in place in other countries and connections with local law firms in these countries. If your company conducts business across the borders you are likely to find that services such as these invaluable. Many of the new laws that have come about in the post apartheid era have been changed to allow for everyone to conduct international and local business where once only white people were allowed.
Many of these laws were at one time exceptionally racist in that those who were considered indigenous people had little or no say in their lives. These laws made it impossible for a black man to build any kind of business into one that was large enough to become an international success. Thanks to efforts of law firms such Webber Wentzel and many others all who call South Africa their home now enjoy equal rights.
While a blended legal system can be a blessing in that it is supposed to take the best of several different legal systems and create one fully functional system, this may not always be the case. In South Africa the legal system is divided into four departments, each of which appears to draw on laws created by other countries or are of native origin.
As a business hub you will find that South Africa recognises and willingly adheres to all applicable international laws as required by the international community. In most cases international laws apply to businesses that have dealing outside of their home country, but there are also sections that deal with criminal law so that a fugitive cannot hide in another country simply to avoid trial and punishment. If your business trades internationally you should hire a legal firm that can call on many years of experience to make sure that the interests of your business are protected.
The Statuary division of South African law covers those laws that are created by the legislature and are responsible for the way in which the government of South Africa functions. The most often referred to segment of law in South Africa is Common Law and covers many aspects of daily life, these laws are loosely based on Dutch-Roman laws and are far more open to conjecture than many other laws requiring the services of an experienced team of lawyers to interpret them and ensure that you are treated fairly in court.
Finally there are those laws that are based on South African customary laws, these are the laws and customs that may have been in use for many generations but are still recognized by the indigenous population. Trying to sort through all of these legal systems takes a team of dedicated lawyers who are willing to sift through all of the applicable legal precedents to ensure that you and your business are properly treated. For more information please Visit : www.webberwentzel.com
by: Webber Wentzel
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