EFFECTIVE RESOLUTIONS
Rending high quality services as speedily as possible.
The collections Department is headed by Ms. Hlongwa and Mr Gasa.
Our office staff have extensive experience in debt collection, in particular municipal rates debt collection of non-paying rate payers.
The Municipality will usually send a list of defaulters to our office, we then
- Issue a Letter of Demand in terms of Section 56 of the Magistrates Court Act 32 of 1944.
- Issue Summons if the debt is not issued after we have served the letter of demand to the debtor. Depending on the value of money in dispute, if the amount is greater than R400 000, the High Court have jurisdiction but if it is less than that amount, the lower courts will have jurisdiction (District or Regional Magistrates Court).
- Application for Default Judgment once the defendant fails to file the Notice of Intention to defend after receiving Summons.
- Application for an Emolument Attachment Order (EAO) or Garnishee Order where the court grants us the order to attach debtor’s property or for his/her employer to deduct money claimed in the Summons.
The above process might seem complicated, but with the staff we have at BS Mabaso Attorneys, we make sure that we make our client’s lives much easier.
This Department is headed by Mr. Mabaso, being assisted by Mr. Dlamini and Mr. Nkatha. They all have experience in Criminal Law; therefore, it becomes easier to assist the Municipality/ Departments when instituting legal action as a result of their investigations. Mr. Mabaso is amongst top Forensic Investigators that were appointed last year to assist Department of Social Development in one of the biggest Forensic Investigations ever done in KwaZulu-Natal.
The whole investigation process can be regarded as part of the litigation process because it is aimed at gathering evidence that will stand the scrutiny of the court.
Our staff will;
- Prepare activities to ensure equipment and personnel are prepared.
- Identification which involves detection of an incident or event.
- Collection of relevant data using approved techniques.
- Preserving proper evidence gathering and chain custody.
- Evaluating digital evidence to reveal data and reduce volume.
- Examining the context and content of digital evidence to determine relevancy
- Reporting to clients.
Once reporting is done to client, the client will be advised properly as to what needs to be done, e.g., approaching Law Enforcement Agencies (Hawks, SAPS, SCOPA and etc.).
Mr. Myeni and Mr. Nkatha is a corporate law. He heads the department and consult with clients on a daily basis. He has vast experience in commercial and contract law matters.
Commercial law refers to any legislation that pertains to merchants exchanging goods and services and dealing with any transactions between buyer and seller. Whereas, contract law is a subdivision of commercial law, or a solo of the overarching umbrella. Our office renders the following services;
- Identification and Classification of Contracts.
- Assist the Municipalities in Planning, Budgeting and Reporting.
- Oversee of Contract Management.
- Assist in Payment, collection, incentives and Penalties to the Municipalities.
- Draft Cession Agreements.
- Draft Memorandum of Agreement (MOA).
- Draft Memorandum of Understanding (MOU).
- Draft Service Level Agreements (SLA).
- Drafting and interpretation of commercial agreements, including lease agreements and sale agreements.
- Dispute resolution mechanisms in respect of disputes arising out of commercial transactions.
- The interpretation and enforcements of commercial transactions.
- Risk management commercial transactions.
- Assist the Municipalities in complying with KwaZulu-Natal Provincial Contact Management Policy Framework issued by the Department of Treasury.
Our office also provides compliance advice and litigation services to Municipalities in respect of the;
- Municipal Systems Act.
- Municipal Structures Act.
- Municipal Finance Management Act.
- Public Finance Management Act.
- Treasury Regulations issued in terms of the Public Finance Management Act.
- Preferential Procurement Policy Framework Act.
- Municipal Supply Chain Management Policy.
Municipal and Provincial Supply Chain Management Delegations of Authority.
With his experience in Litigation, Mr. Mabaso heads the Department. Mr. Mabaso have a Right of Appearance in the High Court, and he has gained experience in particular Alternative Dispute Resolutions, Mediations and Arbitrations.
Alternative Dispute Resolution mechanisms, such as arbitration and mediation, have long been envisaged as a viable alternative to litigation for numerous reasons, not least of which are expediency and cost efficiency. This too is now a reality in South Africa, because on the 1st of December 2014, Court Annexed Mediation was introduced and became effective in the country. Our office staff have represented department officials in Arbitrations and Mediation sittings. Our office assists in;
- Disputes relating to contracts.
- Disputes relating to construction law with engineers and/ or project managers, or the construction contracts.
- Disputes relating to Municipalities (against employees or independent contractors’/service providers).
Labour matters relating/involving Municipality employees.
South Africa has some of the most liberal and progressive Labour Law in the world and as such, it is extremely difficult to keep up and comply or even understand how it applies to both employer and employee, whether in the Public or Private Sector. That is where BS Mabaso Attorneys come in.
Our staff appears in Bargaining Councils, CCMA and High Court on behalf of our clients, defending them in Labour related matters. We provide the following Labour services to clients;
- Unfair Labour practice disputes.
- Advice and drawing of employment contracts, restraints of trade or confidentiality agreements.
- Disputes relating to restraints or confidentiality.
- Probationary employee disputes.
- Independent contractors.
- Legal Advice on all areas of Labour and employment law.
- Legal representation at CCMA, Bargaining Councils, Labour Courts, Labour Appeals Court, Supreme Court of Appeal and the Constitutional Court.
- Chairing of Disciplinary enquiries as well as prosecuting on behalf of the employer (Municipality herein).
- Retrenchments, restructuring and organizational development.
- Attending to all aspects of Health and Safety requirements and environmental law.
- Strikes and picketing.
Local Government law is made up of a number of Areas of law, including Environmental, Administrative law & Constitutional Law to mention a few.
Our office also renders services in the above-mentioned areas of law. Municipalities do need the above service now and again, for instance, when there is a court order for eviction, the Municipality will be ordered to provide alternative accommodation to the defendant. In environmental matters, Municipalities have to interpret Environmental law legislation, thereafter apply the piece of legislation. In instances where Municipalities fail to comply, any interested party who reside within the Municipality can file a law suit against the Municipality for failing to apply the relevant legislation.
Our office is on Rural Development Panel, where we assist clients in land expropriations within the province of KwaZulu-Natal.
We offer the following services;
- Instituting or Defending Constitutional law related matters.
- Instituting or defending Environmental law related matters (e.g. taking care of dwells or Nature reserves).
- Defending or Instituting claim on the destruction of natural habitats.
- Defending or Instituting Socio-economic issues.
BS Mabaso Incorporated is equipped with the 4th industrial revolution of which we all are part of, being state-of-the-art computers and up to date software programmes to enable us to perform our work electronically.
The firm has the following programmes:
- WebConvey;
- Windeed GP – Property searches and Document request from the Deeds Office;
- Ghost Convey;
- Lexus- Nexus