Pahad Attorneys

Pahad Attorneys is an established practice with offices in Houghton Johannesburg with expertise in the fields of customs and excise law, company and commercial law, dispute resolution and Sharia Law.

The Practice is run by Arshad Pahad who holds the degrees of Commerce, Law and Master of Law from the University of the Witwatersrand, Johannesburg. During his articles and thereafter as an associate he has carried out work on behalf of Pfeifer Seil und Hebetechnik GmbH of Germany, the South African National Roads Agency Ltd,  the Spar Group Ltd, and the Broll Property Group (Pty) Ltd amongst others.

The Practice provides a welcoming environment to its clients and strives to provide a cost effective, efficient and modern solution for your legal requirements.

 Commercial Law

We offer a fully integrated service and are well versed in current legislation including the Companies Act 71 of 2008 and the King Code on Corporate Governance.

We are able to provide services in respect of corporate governance and compliance issues and are able to assist companies from the registration stage of the company and beyond. Our aim is to understand the business of our client and to play a valuable role in helping to achieve their long term goals.

With strong commercial and contract drafting skills we are able to understand the unique legal and business requirements of the particular company and are able to draft agreements that comply with relevant legislation including the Consumer Protection Act, Insolvency Act and Companies Act.

We are further able to deal with contractual matters such as joint ventures, transfer of businesses, sales of assets and businesses, outsourcing, distribution agreements, licensing agreements, manufacturing agreements, and franchise agreements.

We can further assist Entrepreneurs and start-up ventures, owner managed businesses and organisations in the sport, media and entertainment industry.

We are a young, dynamic practice that is approachable, casual in its outlook but not in its product, willing to look after your needs from the start-up of your company and business and to grow with you.

Consumer Law

With the advent of the Consumer Protection Act, South African consumers are better protected now then they have ever been.

This law deals in general with agreements between the general public in the private capacities and providers of goods and services such as landlords, retail outlets, car dealerships, doctors and even lawyers.

We are able to advise on all consumer related disputes and on what to take into account when drafting or dealing with the aforementioned agreements. Generally speaking, the law provides the consumer with greater protection and clauses such as limitation of liability clauses, or penalty clauses that refer to the early termination of a lease agreement, may not apply in certain circumstances.

We will be able to advise you if you are a corporate entity in how to draft your contracts and if you are a consumer, we are well placed to advise you as to what options you have to protect yourself.

This is a new area of law in South Africa, affording consumers more rights than they have ever had. It is complicated, and the advice of an attorney is highly recommended.

Customs , Excise and VAT

We offer expertise in Customs & Excise Law and VAT and assist clients in complying with the relevant laws in the Republic of South Africa.

We deal with the South African Revenue Service on a daily basis to attempt to solve our client’s issues while ensuring that they comply with the relevant legislation. We also vociferously defend clients should the South African Revenue Service feel that they have not complied with the said laws when in fact they have.

Given that the practice has expertise in dispute resolution should the issues at hand require that the matter is referred to Court we are able to see the process through from a litigation point of view, from internal administrative appeals to the Supreme Court of Appeal if necessary.

Our range of services When representing our clients we are able to:

1. Recover your funds for refunds, rebates, drawbacks, provisional payments and the release of guarantees;

2. Register clients for all their needs with the South African Revenue Service. This includes inter alia the registration of warehouse and rebate stores and the registration as an importer, exporter or clearing agent.

3. Applying for permits for the import or export of goods including fuel. This includes engaging with the DTI, ITAC and other relevant government departments.

4. Resolve disputes and make representation to the South African Revenue Service on your behalf and should it be necessary, protecting our client’s rights in Court.

5. Provide opinion work in respect of inter alia tariff classifications, customs valuations, international trade agreements, the import of goods on a temporary basis and valuation queries.

Sharia Law

We have experience in both South African Law and Sharia Law, and provide assistance to Muslims and non-Muslims alike.

Many Muslims choose to get married only in accordance with Sharia and stop short of registering their marriages with the Department of Home Affairs and in accordance with South African Law.

On divorce parties seldom follow through with their obligations in terms of Sharia leading to argument over property, maintenance and more importantly any children borne of the marriage.

We are able to assist in preparing contracts regarding your marriage both before and after the marriage taking place. In drafting a contract both parties have peace of mind knowing that should there be a divorce -which we hope there never is – any disputes are severely curtailed.

Muslims in South Africa also fail to prepare a will, and as South African Law has a particular set of principles when one passes away without having drafted a will, known as intestate succession, assets are not distributed in accordance with Sharia.

If no will is prepared the Courts will not uphold a distribution of assets that is not in accordance with intestate succession, however, it must be noted that with the advent of the South African Constitution surviving spouses have been given the right to claim damages from the Road Accident Fund, claim maintenance in terms of the Maintenance Act and inheritance in terms of the Intestate Succession Act.

This is a piecemeal process and it is best to seek legal advice and fix your rights prior to marriage or death.

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