important things you should know

Clive Hendricks is a director and named partner of a South African firm of attorneys that offers legal services to clients across South Africa on nearly any facet of South African law. See Profile.

Marais Müller Hendricks Attorneys is a full-service law firm with a powerful team consisting of 35 lawyers with a dedicated 100 strong support staff occupying offices in the Cape Town CBD, Tyger Valley, Kuils River and Stellenbosch regions. The firm’s reach and expertise are significantly enhanced by its associate membership of Lawyers Associated Worldwide (LAW) which gives it access to over 4300 lawyers located in over 178 jurisdictions around the world

Marais Muller Hendricks has offices in:

Cape Town, Western Cape;

Tyger Valley, Western Cape

Kuils River, Western Cape; and Stellenbosch Western Cape.

Clive Hendricks manages the Cape Town Branch of Marais Muller Hendricks.

Established in 1989, Lawyers Associated Worldwide (LAW) is a global resource of locally respected law firms. LAW’s international network offers unique expertise from over 100 member firms representing more than 4,300 individual lawyers around the world. Membership is invitation only. The lawyers in our member firms have demonstrated ability to serve a wide variety of clientele from public to private and middle market companies to international needs.

Key benefits include:

  • One phone call connects clients and members to a global network. LAW provides instant built-in legal contacts with independent, local law firms anywhere in the world. The presence of LAW’s many member firms around the world means fast, efficient and personalized legal services are just a local phone call away.

  • LAW can connect you to a world of opportunities. The network can also help clients to establish new business opportunities around the world. LAW’s extensive worldwide network can help you find a business prospect, negotiate licensing arrangements or solve import/export problems.

  • LAW can help you find local resources. LAW’s members are independent but have strong networks within their local communities. Through their local connections, they can help clients find capable professionals and experts in other disciplines beyond legal services.
  • LAW members are cost efficient and technologically advanced. Each member firm of LAW is specifically chosen for the ability to offer a high degree of expertise as well as a commitment to cost efficiencies for LAW clients. LAW members know the latest technology to communicate, prepare work product and transfer vital information.
  • You will receive personalized service. LAW’s philosophy is based on personal contacts, with clients and with each other. Within a matter of hours, you can talk with a principal or partner of a LAW firm in a foreign country. Our members come together regularly to remain up to date with legal, fiscal, political and business trends and developments around the world, to exchange new ideas and to create relationships for the benefit of LAW members and their clients.
  • LAW offer strength, scope and flexibility. Today, many people have foreign property or business interests with legal needs outside their own country. Having LAW on your side means you have the strength, scope and flexibility to receive advice on legal matters around the world.

Black Economic Empowerment (BEE) is a high priority area for both government and the firm’s private clients.  In a concerted effort towards eradicating the inequalities of the past, Marais Müller Hendricks has undertaken to not only providing employment to previously disadvantaged individuals (PDI’s) in positions on all levels of our firm, but to offer training to aspirant black lawyers in becoming competent legal practitioners – an option that was not previously afforded to them. Striving towards this change has earned the firm a Level 2 BEE Contributor rating.

The initial telephonic consultation is free.  At the free initial telephonic consultation, we will discuss the details of your potential case, the legal process and answer any questions you may have.

You may request a free telephonic consultation by sending an e-mail to info@clivehendricks.co.za or calling 021-423 4250 and the firm will provide you with a consultation timeslot.

Yes, Clive Hendricks can provide you with a quote or his hourly fee rates.

It depends on the type of matter that you have and the amount of work that needs to be done.  We offer very competitive hourly rates that are based upon the complexity of the matter and, in some instances, will take a case on a contingent fee basis. See Fees

No. Most cases end up being settled on terms advantageous to our clients prior to trial. By being frank and realistic when evaluating a case, we avoid recommending a settlement that is too low and also avoid making demands that is unrealistic.

Clive Hendricks will enter into a written representation agreement with you explaining the specific mandate, legal fees and responsibilities as your attorneys.

It is not always possible to have one attorney handle all of your legal matters. One attorney will be responsible for the overall progress of the case, but from time to time, other attorneys, candidate attorneys or professional assistants may perform certain duties within the case itself.

Marais Muller Hendricks has offices in:

Cape Town, Western Cape;

Tyger Valley, Western Cape

Kuils River, Western Cape; and Stellenbosch Western Cape.

Clive Hendricks manages the Cape Town Branch of Marais Muller Hendricks.

The plan is to communicate clearly, concisely and on a timely basis. Ideally we would like to talk to clients weekly by telephone but that would be neither practical nor productive. In order to keep the legal costs down while maximizing communications, we strive to keep clients informed when anything important happens and to respond to questions in a reasonable time.

For the most efficient and quickest response please contact one of our candidates or professional assistants. If they cannot answer your question every attempt will be made arrange to have the attorney contact you as quickly as possible.  Above all, leave a telephone or e-mail message.

A potential conflict of interest may arise due to representation of other clients or government bodies.  If a conflict arises we will disclose the facts to you and remove ourselves from the matter. The file will usually be transferred to another attorney of your choice and on your instructions.

Normal office hours are from 8h30 – 16h30. Office consultations are by appointment only. From time to time you may request that Clive Hendricks meet you after hours on urgent matters.

The firm has a legal responsibility to preserve each client’s confidential information. The firm will not disclose your information to other clients, government or anyone else without your permission or a court order.

The firm keeps hard copies as well as digital files. The latter is preferred.  If you’ll be sending documents digitally, here are our preferred formats:

  • PDF
  • Microsoft Excel (XLSX)
  • JPG for visa-style photographs

Contact Clive Hendricks at 021-423 4250  

The following reasons for dismissal are invalid. The dismissal will be regarded as automatically unfair if the worker was dismissed for:

  • exercising any of the rights given by the LRA or participating in proceedings in terms of the Act.
  • taking part in lawful union activities.
  • taking part in a legal strike or other industrial action or protest action.
  • refusing to do the work of someone else who is on strike.
  • being pregnant, or any reason related to pregnancy.
  • refusing to accept a change in working conditions.
  • reasons that are due to arbitrary discrimination.
  • a reason relating to a transfer following a merger of the company with another organization.
  • where an employee is dismissed following a disclosure made by him/her in terms of the ‘Disclosure of Information Act’

Clients shou

Substantive fairness

  • Was there a fair reason to dismiss the employee?
  • Was dismissal appropriate under the circumstances?

The employer must have a proper and fair reason for dismissing the employee.


Procedural fairness

Was there a fair procedure before the employee was dismissed?

  • The employee must always have a fair hearing before being dismissed. In other words, the employee must always get a chance to give his/her side of the story before the employer decides on dismissal.
  • If the employee feels the dismissal was unfair, either substantially or procedurally, then this can be referred to the CCMA for conciliation and thereafter arbitration if this is necessary.

ld notify the firm of any change of address. Similarly, clients should notify the firm about any change in telephone numbers, email address and any other change in contact details.

There is no appeal against an arbitration award. You lodge an application to the Labour Court to review the arbitrator’s decision, if you think:

  • The arbitrator exceeded his or her powers;
  • There was something legally wrong in the proceedings; and
  • The arbitrator did not consider relevant issues in accordance with the law.

The review must be lodged within 6 weeks of receiving the arbitration award.

The LRA distinguishes between different compensation awards on the basis of the type of unfair dismissal:

  • If the reason for the dismissal was fair, but the procedure was unfair, then the compensation may be equal to the salary the worker would have received for the period between the date of the unfair dismissal and the last day of the arbitration. The salary is calculated in accordance with the worker’s salary as at the date of the dismissal.
  • If the dismissal is automatically unfair then the compensation must be fair in all the circumstances, but equal to not more than twenty-four months salary.
  • If the reason for the dismissal was not a fair reason based on the worker’s conduct or capacity, or the employers operational requirements, then the compensation awarded must be fair, but not more than twelve months of the worker’s salary.

Employees can claim UIF when their employer is insolvent, your service contract has expired or you have been dismissed by your employer.

Employees dismissed for reasons based on the employer’s operational requirements (Section 41 of the BCEA) are entitled to severance pay or a retrenchment package of at least one week’s remuneration for each completed year of continuous service with the employer, unless the employer is exempted from paying severance.

Contact Clive Hendricks at 021-423 4250

A personal injury is considered any injury that gives rise to legal liability of the responsible party. When one person gets hurt because another person or company acts negligently, the victim has a personal injury. The victim may bring a claim for financial compensation against the wrongdoer. The lawsuit is a civil lawsuit brought by the victim. The victim may receive financial compensation for the injuries sustained.

After a car accident, most people experience some degree of shock. However, there are certain steps that should be taken to help ensure a strong case. If possible, do the following:

  • Call the police.
  • Take photos of the accident scene.
  • Talk to any witnesses and get their contact information.
  • Get insurance information from the other driver.

Most importantly, see a doctor. This is important even if you believe your injuries are minor – or even if you think you have no injuries at all.

If you have been injured in an accident caused by someone else’s negligence or recklessness, you may be entitled to compensation for your injuries and suffering. It is important to speak to a personal injury lawyer about your legal options. A personal injury attorney can help you seek maximum compensation for all damages and expenses associated with your accident.

Most personal injury cases do not go to trial. Most resolve by settlement before the trial date arrives. A case is most likely to go to trial when the facts are in dispute or when there is a contested legal issue. The more carefully you build your case, the more likely it is that you and the other party can agree on the strength of your evidence and reach an appropriate settlement. If your case is in the minority of cases that go to trial, your attorney can help prepare you for what to expect.

You maximize your injury settlement by carefully building strong evidence in your case. It is essential to understand all the categories of damages that apply and build the evidence of each category of loss that you’re claiming. It is also important to carefully prepare court filings that comply with the law in your state. When the other side files court motions, you must respond aggressively and appropriately to maximize your injury settlement.

No, pain and suffering do not include medical bills. But you have a right to claim full compensation for all your medical bills as part of your injury case. In fact, your pain and suffering compensation is on top of and in addition to your compensation for medical bills.

Contact Clive Hendricks at 021-423 4250

The Insolvency Act, 24 of 1936, defines the term “insolvent” as a debtor whose estate is under sequestration and includes such a debtor before the sequestration of his estate seen in context. The Insolvency Act also defines the term “insolvent estate” as an estate under sequestration, however the Act does not define the term “insolvency”. According to South African case law, the test for insolvency is whether the debtor’s liabilities exceed his assets. The mere inability to pay debts is not necessarily indicative of a state of insolvency.

In this regard, the courts have drawn a distinction between factual and commercial insolvency. Factual insolvency is found where a debtor’s liabilities exceed his assets, while commercial insolvency refers to the situation where a debtor is unable to pay his debt due to a cash flow or other problems, but his assets still exceed his liabilities.

A private person would also be deemed insolvent if it is proved that he has committed an act of insolvency as provided for in Section 8 of Insolvency Act, as is also the case with a company which commits an “act of insolvency” in terms of Section 344 of the Companies Act, 61 of 1973.

The creditor of a company or individual can apply to the court for the liquidation of a company or for the sequestration of an individual debtor. If the court is convinced on the face of it that the company or individual is insolvent, the court will make a provisional liquidation or sequestration order.

The application for liquidation or sequestration, along with the provisional order, should always be brought to the attention of the insolvent and all his creditors. Upon the issue of the provisional liquidation or sequestration order, a date is fixed upon which any person or entity can approach the court in order to submit why the company or individual should not be liquidated/sequestrated. Once the court is convinced that the company or individual is indeed insolvent, a final liquidation/sequestration order is made

When a company is deemed to be insolvent, the company is liquidated and a liquidator is appointed to realise the assets of the company in order to settle the company’s debt or liabilities to the advantage of the creditors.

When an individual is declared insolvent, he is sequestrated and a curator is appointed to take control of his assets for the purpose of realising them in order to settle his debt to the advantage of his creditors.

Once a natural person is sequestrated, the Master of the High Court appoints a trustee / curator who must take control of the assets. In the case of a company, close corporation or certain other legal entities, the person appointed by the Master is referred to as a liquidator. Both a curator/trustee and liquidator fulfil the same duty and have the same rights and responsibilities.

If it appears that it is reasonably unlikely that a company will be able to pay all of its debts within the following six months or it appears to be reasonably likely that the company will become insolvent within the next six months, the directors of such a company can make a decision to place the company under business rescue.

When a person or individual is over-indebted and entering the realms of insolvency, he is entitled to consult a debt counsellor in terms of Section 86 of the National Credit Act, 34 of 2005, for an evaluation of his state of indebtedness and to make a formal application for debt review. The effect of a debt review process is in essence that an arrangement is made with the insolvent’s creditors in terms of which a debt counsellor apportions the insolvent’s income to the satisfaction of his creditors.

In the event that a company or an individual’s assets are realized or sold in order to pay its debts, and it becomes apparent that the value of the assets is not enough to settle the debts of a company or an individual, thus creating a shortfall in the estate of such a company, the creditors of that company or individual which have proved claims against the estate may be held liable to contribute to the administration costs of the estate, pro rata according to the value of their claims.

A trustee / curator / liquidator is entitled to receive, for his services, a reasonable remuneration to be taxed by the Master generally according to the prescribed tariff. The said remuneration is generally based on the proceeds or the value of the insolvent estate’s assets. The trustee / curator / liquidator would be entitled to a certain percentage of the proceeds generated by the realisation of the insolvent estate’s assets as prescribed by the relevant tariffs applicable thereto.

If a company is insolvent, the directors of that company can decide by way of a resolution that the company should be liquidated. The company’s voluntary application for liquidation is then submitted to the Registrar of Companies and is duly registered, after which a provisional liquidator is appointed.

In the case of an individual, the individual himself can make an application to the court for the surrender of his estate. The court will, however, only grant such an application if it is convinced that the individual is insolvent, that there is an actual advantage to the individual’s creditors if he were to be sequestrated and that the realisation of his assets will be sufficient to cover the administration costs of the sequestration.