Themis Law Chambers

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Themis Law Chambers Themis Law Chambers is the office premises of Hayes Inc and Themis Commercial Legal Advisors (Pty) L Visit our website for more information.

Themis Law Chambers: the offices of Themis Commercial Legal Advisors (Pty) Ltd and Hayes Incorporated (litigation).

If your business discovered a data breach this morning, would your team know who has to be notified?Where there are reas...
09/10/2026

If your business discovered a data breach this morning, would your team know who has to be notified?

Where there are reasonable grounds to believe personal information has been accessed or acquired by an unauthorised person, POPIA requires the responsible party to notify the Information Regulator and affected data subjects, unless the identity of a data subject cannot be established.

The Regulator's guidance is also clear on timing: report once the responsible party is reasonably sure a security compromise has occurred. The investigation does not have to be complete first.

That makes preparation important. Before an incident happens, a business should know:

• Who is the Information Officer or Deputy Information Officer responsible for escalation?
• How will the incident be contained and documented?
• Which personal information and data subjects may be affected?
• How will the required notifications be handled?
• What do contracts with operators or service providers require when the incident starts outside your own systems?

Security compromise notifications to the Regulator are submitted through its eServices portal.

Cybersecurity Awareness Month is a useful reminder to test the legal response plan as well as the technical one.

For advice on POPIA obligations, incident response and commercial arrangements with operators, call 021 461 0123 or email [email protected].

AI can produce a contract clause in seconds. The harder question is whether the clause fits the deal in front of you.Com...
07/10/2026

AI can produce a contract clause in seconds. The harder question is whether the clause fits the deal in front of you.

Commercial contracts are not a collection of stand-alone phrases. A limitation of liability clause interacts with indemnities, insurance, warranties and termination rights. A payment clause may depend on acceptance criteria, delivery obligations and what happens when performance is disputed. A dispute-resolution clause only works properly when the forum, procedure and governing law make sense for the parties and the transaction.

An AI-generated clause can be useful as a starting point. The risk comes when a first draft is treated as though it has already been tested against the business arrangement, the applicable law and the rest of the contract.

Before using an AI-drafted clause, ask:

• What risk is this clause actually allocating?
• Does it conflict with another part of the agreement?
• Does it reflect the commercial deal the parties reached?
• Are any statutory requirements being overlooked?
• What happens if the clause has to be enforced in a real dispute?

AI can speed up drafting. Legal review is what connects the wording to the transaction.

If AI is part of your contract-drafting process, have important agreements reviewed before signature. Contact 021 461 0123 or [email protected].

“Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”Louis D. Brandeis, later...
30/09/2026

“Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”
Louis D. Brandeis, later US Supreme Court Justice

Brandeis wrote these words in 1913 while making the case for publicity and disclosure as important checks on concentrated financial power.

More than a century later, the principle still resonates in corporate governance. Transparency does not mean that every discussion happens in public. It means that boards, trustees and companies should be able to account for their decisions, meet their disclosure obligations and maintain records that stand up to scrutiny.

A fitting thought for a month focused on governance, compliance and protecting what matters.

Wishing everyone a meaningful Heritage Day.Our heritage is made up of many histories, languages, traditions and stories,...
24/09/2026

Wishing everyone a meaningful Heritage Day.

Our heritage is made up of many histories, languages, traditions and stories, and today is an opportunity to recognise the richness of that shared inheritance.

From all of us at Themis Law Chambers.

New Consumer Compliance Guidelines are here.On 18 September 2026, the National Consumer Commission published its 2026 Gu...
23/09/2026

New Consumer Compliance Guidelines are here.

On 18 September 2026, the National Consumer Commission published its 2026 Guidelines on Product Descriptions, Labelling, Sales Records and Price Disclosure, providing practical guidance on key obligations under the Consumer Protection Act.

Businesses should take note of the following:

1. Product labelling: Goods must have truthful, adequate and clear descriptions, including relevant information such as quantity, composition, country of origin and expiry dates.
2. Price disclosure: Prices must be clearly displayed in Rand, include VAT and mandatory charges, and correspond with the price charged at checkout. Hidden charges are not permitted.
3. Receipts and sales records: A sales record must be provided for every transaction and contain prescribed information, including the supplier's details, date, goods supplied, quantity, unit price, taxes and total price.
4. Consumer information: Information must be accurate, clear, legible, understandable and not misleading.
5. Enforcement: Non-compliance may result in compliance notices, administrative fines, product recalls, referrals for prosecution and other enforcement action.

Businesses should consider reviewing their product labels, pricing practices and sales records to ensure alignment with the CPA.

Read more here:https://businesstech.co.za/news/wp-content/uploads/2026/09/Item-labelling-and-receipt-laws.pdf

Buying or selling property? Part of the transfer process is changing behind the scenes.The Electronic Deeds Registration...
21/09/2026

Buying or selling property? Part of the transfer process is changing behind the scenes.

The Electronic Deeds Registration System, or eDRS, was launched on 1 April 2025 and provides for electronic preparation, lodgement, registration, ex*****on and storage of deeds and documents. During the transition, manual and electronic processes can operate alongside one another.

For a buyer or seller, much of the transfer will still feel familiar. The key change is behind the scenes. As deeds registration becomes more digital, accurate preparation and compliance with the system requirements become even more important.

This is an area Leoné Oosthuizen works with every day. Leoné joined Hayes Incorporated and Themis Commercial Legal Advisors as a director in 2026 and specialises in conveyancing and property development transactions, after nine years at STBB and training through the L.E.A.D. School for Legal Practice at UCT as top student of her year.

If you are buying, selling or developing property, ask early what documents are needed, what still depends on third parties and how your transfer will be lodged. A realistic timeline starts with a properly prepared transaction.

For conveyancing and property matters, contact 021 461 0123 or [email protected].

What does a candidate attorney's day at Themis Law Chambers actually look like?The honest answer is that no two days are...
18/09/2026

What does a candidate attorney's day at Themis Law Chambers actually look like?

The honest answer is that no two days are quite the same.

One thing that is guaranteed to remain the same is the active role our candidate attorneys play on a daily basis as a part of our team. Whether its issuing applications, sitting in on consultations with clients, attending court with counsel, researching technical legal questions, drafting agreements and resolutions or delivering documents to the Master's Office, our candidate attorneys are always ready to get involved.

Articles are where legal theory starts meeting the detail, deadlines and responsibility of practice. It is also where candidate attorneys learn how much of good legal work happens before anyone enters a courtroom.

A quick look behind the scenes at the work that goes into becoming an attorney.

50 or more employees? The 2026 Employment Equity reporting cycle is now open.For most businesses, the first question is ...
17/09/2026

50 or more employees? The 2026 Employment Equity reporting cycle is now open.

For most businesses, the first question is whether they are a designated employer. The turnover thresholds that previously brought some smaller employers into the reporting system have fallen away. Employers with 50 or more employees must report, as do organs of state and certain employers designated through a collective agreement.

For the 2026 cycle, manual reports are due by 1 October 2026. Online submissions remain open until 15 January 2027.

Before you submit, check your headcount, sector classification, workforce profile, EE Plan and the figures being reported. A reporting deadline is a poor time to discover that the plan and the report do not match.

If your business needs help reviewing its Employment Equity position before submission, contact Themis Law Chambers at 021 461 0123 or email [email protected].

Big changes may be coming for South African trusts.The proposed Regulation of Trusts Bill, 2026 could fundamentally resh...
10/09/2026

Big changes may be coming for South African trusts.

The proposed Regulation of Trusts Bill, 2026 could fundamentally reshape how trusts are established, administered and governed in South Africa. If enacted, it would replace the Trust Property Control Act, which has regulated trusts for almost 40 years.

The Bill signals a clear move towards greater transparency, stricter compliance obligations and increased accountability for trustees.

Some of the key proposed changes include:

• Trustee resignations: Resignations would need to be lodged with, and acknowledged by, the Master before taking effect.
• Annual compliance: All trusts, including existing trusts, would be required to submit annual returns and pay prescribed fees.
• Beneficial ownership: Trustees would have expanded obligations to maintain and report information relating to founders, trustees, beneficiaries and persons exercising control over the trust.
• Greater oversight: The Master would have wider powers to investigate trusts, issue compliance notices, impose administrative penalties, and, in certain circumstances, remove or appoint trustees.
• Serious consequences for non-compliance: Administrative penalties, criminal prosecution, fines of up to R10 million, imprisonment of up to five years, or both, may apply.

One of the practical questions arising from the proposed reforms is how these expanded administrative and regulatory requirements will operate in an environment where many stakeholders continue to experience significant delays and operational challenges at the Master's Office. Effective implementation will require not only enhanced compliance by trustees, but also a functional and adequately resourced regulatory system.

Although the Bill is not yet law, trustees and trust administrators should take this opportunity to review their trust deeds, governance processes, record-keeping practices and beneficial ownership information.

Public comments on the Bill are due by 11 September 2026.

Access the proposed Regulation of Trusts Bill, 2026 here:https://static.pmg.org.za/260807regulayionsoftrustbill.pdf

King V Code on Corporate Governance for South Africa is an outcomes-based collection of voluntary guidelines that sets o...
09/09/2026

King V Code on Corporate Governance for South Africa is an outcomes-based collection of voluntary guidelines that sets out the recommended philosophy, principles and practices intended to serve as the benchmark for corporate governance in South Africa. It supersedes King IV and is effective for financial years beginning on or after 1 January 2026.

King V remains principles-driven and outcomes-based, with a more structured Disclosure Framework. The useful board question is no longer simply whether a policy exists, but whether the organisation can explain what its governance arrangements are achieving.

Five questions worth taking into the next board meeting:
1. Are the governance practices producing the intended outcomes?
2. Is King V part of ongoing board oversight and not just year-end reporting?
3. Are ethics and stakeholder interests shaping real decisions?
4. Is the board properly overseeing technology, information and cyber risks?
5. Is director independence based on the full picture and not simply years of service?

Good governance is not proved by the number of policies in a board pack. It is visible in how the organisation is directed, overseen and held accountable.

If your governance framework has not yet been mapped against King V, now is a sensible time to do it.

For support reviewing governance frameworks, board processes or company secretarial requirements, call 021 461 0123 or email [email protected].

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Unit 1, Roeland Square, Corner Of Roeland Street And Drury Lane
Cape Town
8001

Opening Hours

Monday 08:00 - 17:00
Tuesday 08:00 - 17:00
Wednesday 08:00 - 17:00
Thursday 08:00 - 17:00
Friday 08:00 - 17:00

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