What are the 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

Themis Law Chambers

Home
South Africa
Cape Town
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).

24/06/2026

Oliver Wendell Holmes Jr. wrote this in 1881. It still holds.

"The life of the law has not been logic; it has been experience." -Oliver Wendell Holmes Jr., The Common Law, 1881

Every contract, dispute or estate matter carries the experience of the people involved. Good legal advice draws on both the rule and the reality behind it.

22/06/2026

Introducing you to Annie Bansi

The Commercial Department at Themis are pleased to introduce you to our new Associate, Annelisa Bansi.

Annelisa, known to the team as Annie, holds an LLB from the University of KwaZulu-Natal (2021) and an LLM specialising in Commercial Law (2024). She was admitted as an Attorney and Notary Public in April 2024.

Before joining Themis, Annie worked as an Associate in the Commercial Department at Garlicke & Bousfield Inc., a KZN firm where she specialised in Intellectual Property and Commercial Law.

Welcome to the team!

18/06/2026

Court Rules Amended

The Department of Justice and Constitutional Development, on behalf of the Rules Board for Courts of Law, has gazetted amendments to various sets of rules on the conduct of Court proceedings. The amendments will take effect on 3 July 2026.

Rule 49(13) of the Uniform Rules of Court has been amended to remove the default position that security for costs is required where leave to appeal is granted, unless a respondent waives his or her right to security. Now, a party desiring security for costs is required to apply for such security to the Court granting leave to appeal or the Court of appeal on good cause.

A similar amendment has been gazetted to Rule 51(4) of the Magistrate's Court Rules. Under the amended Rule, a party desiring security for costs on appeal may, on good cause, apply to the Court for such costs. The default position will no longer be that security for costs is automatically required unless the respondent waives the right to security.

Furthermore, Rules 18, 43A, 52 and 58 of the Magistrate's Court Rules have been amended to extend the area in which a party to Court proceedings can appoint a physical address to accept service of legal process. The current 15km area will be extended to an area within the Court's jurisdiction or within 25km from the relevant Courthouse.

To access the full set of amendments, see here: https://legalacademy.co.za/news/read/courts-of-law-more-rules-amended.

17/06/2026

F**A: The Scope of "Credit Provider" is Now Wider

Recent guidance from the Financial Intelligence Centre (FIC) makes it clear that if your business is providing credit in substance, you are likely within the scope of an accountable institution.

Public Compliance Communication 23A, issued on 30 March 2026, significantly widens the definition of “credit providers” under F**A. It no longer stops at banks or registered lenders. It extends to a broad range of commercial arrangements, including intra-group loans, bridging finance, and even ad hoc lending where it has a commercial character.

The key shift is that the focus is on the economic reality of the activity. Frequency, profit motive and how credit is managed all matter. Labels and structures matter less.

For many businesses, this means falling into the category of “accountable institution” for the first time, with the full suite of F**A obligations following.
The takeaway is straightforward. If your business extends credit in any meaningful way, even outside the traditional lending space, it is worth revisiting whether F**A now applies.

Contact us for assistance at 021 461 0123 or [email protected]

**A

16/06/2026

Youth Day: The Law is Already Part of Your Decisions

Young South Africans are signing employment contracts, starting side businesses, entering into leases and making their first major financial commitments. The legal framework is already part of those decisions, whether it is visible or not.

Youth Day marks a generation that demanded to be heard and to access opportunity. Today, that legacy shows up in the legal structures that shape how those opportunities are taken up.

The law sets the rules of engagement early on. It determines what an employer can require, what rights attach to a contract, how credit agreements operate and how property is acquired and protected. These are not distant considerations. They apply from the first job, the first lease and the first agreement signed.

In practice, this means that decisions made early, often quickly and without legal input, can carry implications that only become apparent later.

A basic understanding of how these structures work does not require technical knowledge. It simply allows for better decisions at the point where they matter most.

12/06/2026

Most businesses are aware of PAIA. Far fewer are aware that it comes with an annual reporting obligation that closes on 30 June.

Under the Promotion of Access to Information Act, both public bodies and private organisations are required to submit a report to the Information Regulator setting out how access to information requests have been received and handled during the reporting period.

The submission window for the current reporting cycle opened on 1 April 2026 and closes on 30 June 2026. No extensions are granted once the portal closes.

PAIA Awareness: Reporting Deadline

Submission is done through the Information Regulator’s eServices portal, and it is not possible to submit unless the relevant Information Officer is registered.

The key point is this: PAIA is not just a manual that sits on a shelf. The annual report is a live compliance check on whether the business is engaging with its obligations. Leaving it to the last week, or assuming it does not apply because there were no requests, creates unnecessary exposure.

Need help? Contact us for assistance at 021 461 0123 or [email protected]

10/06/2026

Directors' Duties: Where Authority Meets Accountability

The Companies Act confers real authority on directors, but it is equally clear on the consequences where that authority is not exercised properly.

Directors are required to act in good faith, in the best interests of the company, and with the degree of care, skill and diligence that can reasonably be expected in the circumstances.

Where those standards are not met, personal liability can follow. This most often arises in situations such as continuing to trade in financially distressed circumstances, approving irregular payments or distributions, failing to disclose personal interests in transactions, or acting beyond the limits of authority set out in the company’s MOI or board mandates.

The principle is straightforward. The protections of the corporate structure depend on active, informed and properly documented decision-making. Where directors disengage from the substance of decisions or rely on form over substance, that protection can erode quickly.

We have a full service commercial law department that can assist you with your corporate and commercial needs. Contact us for assistance at 021 461 0123 or [email protected]

08/06/2026

Buying Sectional Title? Look Beyond the Apartment

The apartment looks right and the price works, but there are a few important checks to make before signing.

Buying into a sectional title scheme is not the same as buying a freestanding property. From the date of transfer, ownership extends beyond the unit itself into a shared scheme with collective financial commitments and rules.

Before signing an offer to purchase, it is worth considering whether the body corporate has raised or is likely to raise special levies, the state of its reserve fund, and the practical implications of its conduct rules on issues such as alterations, pets and parking. It is equally important to establish whether the scheme is dealing with any ongoing disputes or compliance issues.

These are not peripheral matters. Underfunded reserves, looming capital expenditure or unresolved issues within the scheme can affect both the cost of ownership and the long-term value of the property. Obtaining and reviewing the financials and conduct rules upfront provides a clearer picture of what you are buying into, not just what you are buying.

Need advice? Contact us on 021 461 0123 or [email protected].

05/06/2026

World Environment Day: Compliance is Commercial Strategy

Today is World Environment Day. It is a reminder that environmental law now sits at the centre of doing business, not at its edges.

Whether in property development, mining or infrastructure, environmental compliance runs alongside the commercial lifecycle. It begins with approvals and environmental impact assessements, and continues through licence conditions, reporting obligations and ongoing regulatory oversight.

Regulatory decisions can directly affect timelines, costs and viability. Increased scrutiny from authorities and stakeholders means that these decisions carry real commercial weight.

The key takeaway? Environmental issues are no longer a specialist side-note. They are now deal issues, funding issues, timing issues, and risk issues. Identifying them early, structuring around them and responding decisively when challenges arise can materially change the outcome of a transaction or project.

Need assistance? Contact us at 021 461 0123 or [email protected]

04/06/2026

Bitcoin shakeup: Landmark ruling holds that cryptocurrency is both “capital” and “money”

In a landmark ruling on cryptocurrency handed down on Monday, 1 June 2026, the Gauteng High Court dismissed an application to review and set aside forfeiture orders issued by the South African Reserve Bank against cryptocurrency and funds linked to the applicants. The Court held that Bitcoin constitutes both “capital” and “money” for purposes of the Exchange Control Regulations, 1961, and that transferring Bitcoin from South Africa to wallets hosted on foreign cryptocurrency exchanges amounts to the export of capital requiring Treasury approval. The first applicant had transferred approximately 1,680 Bitcoin, valued at about R182 million, to offshore exchanges without such approval, using both his own and the second applicant’s Luno accounts. Rejecting arguments that cryptocurrency falls outside the exchange control regime because of its digital and intangible nature, the Court found that Bitcoin is a financial asset capable of storing value and functioning as a medium of exchange, thereby falling squarely within the purpose and scope of the Regulations. The Court expressly disagreed with the earlier decision in Standard Bank of South Africa v South African Reserve Bank 2025 (5) SA 289 (GP), holding that it was clearly wrong to conclude that cryptocurrency is neither money nor capital. The Court further found no procedural unfairness in the Reserve Bank’s investigation and confirmed that Bitcoin is subject to forfeiture under the Regulations. Accordingly, the review application was dismissed with costs, including the costs of two counsel on Scale C.

Read the case here: https://www.saflii.org/za/cases/ZAGPJHC/2026/579.html

Address

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

Website

http://themislawchambers.co.za/

Alerts

Be the first to know and let us send you an email when Themis Law Chambers posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Want your business to be the top-listed Law Practice in Cape Town?