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POPI Policy & Manual


DIONNE LAMPRECHT INCORPORATED's

Protection of Private Information Manual 
               & Policy Statement 


1. INTRODUCTION
This Protection of Private Information Policy Statement and Manual (“Policy) describes the way that Dionne Lamprecht Inc. (“THE COMPANY”), will meet its legal obligations and requirements concerning confidentiality and information security standards. The requirements within the Policy are primarily based upon the Protection of Personal Information Act, No 4 of 2013 (POPI), as that is the key piece of legislation covering security and confidentiality of personal information. POPI requires THE COMPANY to inform their clients as to the manner in which their personal information is used, disclosed and destroyed. THE COMPANY guarantees its commitment to protecting its client’s privacy and ensuring that their personal information is used appropriately, transparently, securely and in accordance with applicable laws.

2. DEFINITIONS
1.1Consentmeans the voluntary, specific and informed expression of will;
1.2Data Subjectmeans the natural or juristic person to whom the Personal Information relates;
1.3Direct Marketingmeans approaching a Data Subject personally for the purpose of selling them a product or service, or requesting a donation;
1.4POPImeans the Protection of Personal Information Act, No. 4 of 2013;
1.5Personal Informationmeans information relating to an unidentifiable, living, natural person, or an identifiable, existing juristic person, as defined in POPI;
1.6Processingmeans an operation or activity, whether or not by automatic means, concerning Personal Information;
1.7The COMPANYmeans Dionne Lamprecht Inc. and any of its future subsidiary companies.

3. SCOPE OF THE POLICY
The Policy applies to all employees, directors, sub-contractors, agents, and appointees. The provisions of the Policy are applicable to both on and off-site processing of personal information.

4. POLICY STATEMENT
THE COMPANY collects and uses Personal Information of the individuals and corporate entities with whom it works in order to operate and carry out its business effectively. THE COMPANY regards the lawful and appropriate processing of all Personal Information as crucial to successful service delivery and essential to maintaining confidence between THE COMPANY and those individuals and entities who deal with it. THE COMPANY therefore fully endorses and adheres to the principles of the Protection of Personal Information Act (“POPI”).

5. PROCESSING OF PERSONAL INFORMATION
5.1. Purpose of Processing
THE COMPANY uses the Personal Information under its care in the following ways:
  • Conducting FICA, credit reference checks and assessments;
  • Identifying and managing its clients;
  • Assisting clients with financial planing, legal strategies;
  • Identifying clients, Company and personal records;
  • Administration of estates and wills;
  • Providing legal services to clients;
  • Detecting and prevention of fraud, crime, money laundering and other malpractice; 
  • Conducting market or customer satisfaction research; 
  • Marketing and sales; 
  • In connection with legal proceedings;
  • Staff administration - Keeping of accounts and records;
  • Complying with legal and regulatory requirements; 
  • Profiling data subjects for the purposes of direct communication / marketing.
5.2. Personal information Collected
Section 9 of POPI states that “Personal Information may only be processed if, given the purpose for which it is processed is adequate, relevant and not excessive.”

THE COMPANY collects and processes client’s personal information pertaining to the needs of the business. The type of information will depend on the needs for which it is collected and will be processed for that purpose only. Whenever possible, THE COMPANY will inform the client as to the information required and the information deemed optional. THE COMPANY aims to have agreements in place with all product suppliers, insurers and third party service providers to ensure a mutual understanding with regard to protection of the customer’s personal information. With the customer’s consent, THE COMPANY may also supplement the information provided with the information that it receives from other providers in order to offer a more consistent and accurate service to its clients.

5.3. Categories of Data Subjects and their Personal Information
THE COMPANY may possess records relating to suppliers, shareholders, contractors service providers, staff and customers:
 Entity Type Personal Information Processed
Customers: Natural PersonsNames; contact details; physical and postal addresses; date of birth; ID number; tax related information; nationality; gender; confidential correspondence; marital status, medical information
Customer – Juristic Persons / EntitiesNames of contact persons; name of legal entity; physical and postal address and contact details; financial information; registration number; founding documents; tax related information; authorised signatories; beneficiaries; ultimate beneficial owners; shareholding information; BBBEE information
Contracted Service ProvidersNames of contact persons; name of legal entity; physical and postal address and contact details; financial information; registration number; founding documents; tax related information; authorised signatories; beneficiaries; ultimate beneficial owners; shareholding information; BBBEE information
Employees / DirectorsGender; pregnancy; marital status; colour, race; age; language; education information; financial information; employment history; Identity number; physical and postal address; contact details; opinions; criminal record; well-being; medical information
For purposes of completeness, THE COMPANY may in GENERAL hold the following personal records at its physical address/-es:

General Attendance registers; Correspondence; Founding Documents Licenses (categories); Minutes of Management Meetings; Minutes of Staff Meetings; Statutory Returns; Conditions of Service; Employee Records; Employment Contracts; Employment Equity Records; General Correspondence; Industrial and Labour Relations Records; Information relating to Health and Safety Regulations; Pension and Provident Fund Records; Performance Appraisals; Personnel Guidelines, Policies and Procedures; Remuneration Records and Policies Statutory Records; Training Records; Brochures on Company Information; Client and Customer Registry; Contracts; Information relating to Employee Sales Performance; Information relating to Work-In-Progress; Marketing and Future Strategies; Marketing Records; Production Records; Sales Records; Suppliers Registry; Annual Financial Statements; Asset Register; Banking Records; Budgets; Financial Transactions; Insurance Information; Internal Audit Records; Management Accounts; Purchase and Order Information Tax Records (company and employee); IT Policies and Procedures; User Manuals; FICA Docs; Identity Numbers Dates of birth; Telephone numbers; e-Mails; Addresses; Banking details; Bank account numbers; License numbers; Fidelity Fund Certificates; Registration numbers; BEE Certificates; Contractual agreements; Tender documents; Invoices
IT PRACTICES OF THE COMPANYNetwork security controls Password controls Virus & Malware protection Software updates Disaster recovery & back-up policy

5.4. Categories of Recipients for Processing the Personal Information
THE COMPANY may share the Personal Information with its agents, affiliates, and associated companies who may use this information to communicate and/or send the Data Subject information on products and services. THE COMPANY may supply the Personal Information to any party to whom THE COMPANY may have assigned or transferred any of its rights or obligations under any agreement, and/or to service providers who render the following services:
  • Capturing and organising of data;
  • Storing of data;
  • Sending of emails and other correspondence to customers;
  • Conducting due diligence checks;
  • Administration of the Medical Aid and Pension Schemes.
5.5. Retention of Personal Information Records
THE COMPANY may retain Personal Information records indefinitely unless the Data Subject objects thereto. If the Data Subject objects to indefinite retention of its Personal Information THE COMPANY shall retain the Personal Information records to the extent permitted or required by law.

5.6. General Description of Information Security Measures
THE COMPANY employs up to date technology to ensure the confidentiality, integrity and availability of the Personal Information under its care. Measures include:
  • Firewalls
  • Virus protection software and update protocols
  • Logical and physical access control;
  • Secure setup of hardware and software making up the IT infrastructure;
  • Outsourced Service Providers who process Personal Information on behalf of THE COMPANY are contracted to implement security controls;
  • Personal information shall be stored on site and access shall be limited to authorised personnel only.
  • All electronic files or data shall be backed up on to cloud based services.

6. ACCESS TO PERSONAL INFORMATION
All individuals and entities may request access, amendment, or deletion of their own Personal Information held by THE COMPANY. Any requests should be directed, on the prescribed form, to the Information Officer.

6.1. Remedies available if request for access to Personal Information is refused
6.1.1. Internal Remedies THE COMPANY does not have internal appeal procedures.
As such, the decision made by the Information Officer pertaining to a request is final, and a requester will have to exercise such external remedies at their disposal if a request is refused, and the requester is not satisfied with the response provided by the information officer.

6.1.2. External Remedies
A requester that is dissatisfied with the information officer’s refusal to disclose information, may within 30 days of notification of the decision, apply to a court for relief. Likewise, a third party dissatisfied with the information officer’s decision to grant a request for information, may within 30 days of notification of the decision, apply to a court for relief. For purposes of the Act, courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status.

6.2. Grounds for Refusal
THE COMPANY may legitimately refuse to grant access to a requested record that falls within a certain category. Grounds on which THE COMPANY may refuse access include:
  • Protecting personal information that THE COMPANY holds about a third person (who is a natural person) including a deceased person, from unreasonable disclosure;
  • Protecting commercial information that THE COMPANY holds about a third party or THE COMPANY (for example trade secrets; financial, commercial, scientific or technical information that may harm the commercial or financial interests of the organisation or the third party);
  • If disclosure of the record would result in a breach of a duty of confidence owed to a third party in terms of an agreement;
  • If disclosure of the record would endanger the life or physical safety of an individual;
  • If disclosure of the record would prejudice or impair the security of property or means of transport;
  • If disclosure of the record would prejudice or impair the protection of a person in accordance with a witness protection scheme; - If disclosure of the record would prejudice or impair the protection of the safety of the public;
  • The record is privileged from production in legal proceedings, unless the legal privilege has been waived;
  • Disclosure of the record (containing trade secrets, financial, commercial, scientific, or technical information) would harm the commercial or financial interests of THE COMPANY;
  • Disclosure of the record would put THE COMPANY at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
  • The record is a computer programme; and
  • The record contains information about research being carried out or about to be carried out on behalf of a third party or THE COMPANY.
Records that cannot be found or do not exist 
If THE COMPANY has searched for a record and it is believed that the record does not exist or cannot be found, the requester will be notified by way of an affidavit or affirmation. This will include the steps that were taken to try to locate the record.

7. IMPLEMENTATION GUIDELINES 
7.1. Training & Dissemination of Information 
This Policy has been put in place throughout THE COMPANY, training on the Policy and POPI will take place with all affected employees. All new employees will be made aware at induction, or through training programs, of their responsibilities under the terms of this Policy and POPI. Modifications and updates to data protection and information sharing policies, legislation, or guidelines will be brought to the attention of all staff.

7.2. Employee Contracts 
Each new employee will sign an Employment Contract containing the relevant consent clauses for the use and storage of employee information, and a confidentiality undertaking as part and will be personally responsible for ensuring there are no breaches of confidentiality in relation to any Personal Information, however it is stored. Failure to comply will result in the instigation of a disciplinary procedure. Each employee currently employed within THE COMPANY will sign an addendum to their Employment Contract containing the relevant consent clauses for the use and storage of employee information, and a confidentiality undertaking as part and will be personally responsible for ensuring there are no breaches of confidentiality in relation to any Personal Information, however it is stored. Failure to comply will result in the instigation of a disciplinary procedure.

8. EIGHT PROCESSING CONDITIONS

POPI is implemented through abiding by eight processing conditions. THE COMPANY shall abide by these principles in all its processing activities.

8.1. Accountability
THE COMPANY shall ensure that all processing conditions, as set out in POPI, are complied with when determining the purpose and means of processing Personal Information and during the processing itself. THE COMPANY shall remain liable for compliance with these conditions, even if it has outsourced its processing activities.

8.2. Processing Limitation
8.2.1. Lawful grounds
The processing of Personal Information is only lawful if, given the purpose of processing, the information is adequate, relevant and not excessive.

THE COMPANY may only process Personal Information if one of the following grounds of lawful processing exists:
  • The Data Subject consents to the processing;
  • Processing is necessary for the conclusion or performance of a contract with the Data Subject;
  • Processing complies with a legal responsibility imposed on THE COMPANY;
  • Processing protects a legitimate interest of the Data Subject;
  • Processing is necessary for pursuance of a legitimate interest of THE COMPANY, or a third party to whom the information is supplied.
Special Personal Informatioincludes:
  • Religious, philosophical, or political beliefs;
  • Race or ethnic origin;
  • Trade union membership;
  • Health or sex life;
  • Bio-metric information (including blood type, fingerprints, DNA, retinal scanning, voice recognition, photographs);
  • Criminal behaviour;
  • Information concerning a child.
THE COMPANY may only process Special Personal Information under the following circumstances:
  • The Data Subject has consented to such processing;
  • The Special Personal Information was deliberately made public by the Data Subject;
  • Processing is necessary for the establishment of a right or defence in law;
  • Processing is for historical, statistical, or research reasons
  •  If processing of race or ethnic origin is in order to comply with affirmative action laws
All Data Subjects have the right to refuse or withdraw their consent to the processing of their Personal Information, and a Data Subject may object, at any time, to the processing of their Personal Information on any of the above grounds, unless legislation provides for such processing. If the Data subject withdraws consent or objects to processing, then THE COMPANY shall forthwith refrain from processing the Personal Information.

8.2.2. Collection directly from the Data Subject
Personal Information must be collected directly from the Data Subject, unless:
  • Personal Information is contained in a public record;
  • Personal Information has been deliberately made public by the Data Subject;
  • Personal Information is collected from another source with the Data Subject’s consent;
  • Collection of Personal Information from another source would not prejudice the Data Subject;
  • Collection of Personal Information from another source is necessary to maintain, comply with or exercise any law or legal right;
  • Collection from the Data Subject would prejudice the lawful purpose of collection;
  • Collection from the Data Subject is not reasonably practicable.

8.3. Purpose Specification
THE COMPANY shall only process Personal Information for the specific purposes as set out and defined above herein.

8.4. Further Processing
New processing activity must be compatible with original purpose of processing. Further processing will be regarded as compatible with the purpose of collection if:
  • Data Subject has consented to the further processing;
  • Personal Information is contained in a public record;
  • Personal Information has been deliberately made public by the Data Subject;
  • Further processing is necessary to maintain, comply with or exercise any law or legal right;
  • Further processing is necessary to prevent or mitigate a threat to public health or safety, or the life or health of the Data Subject or a third party.
8.5. Information Quality 
THE COMPANY shall take reasonable steps to ensure that Personal Information is complete, accurate, not misleading and updated. THE COMPANY shall periodically review Data Subject records to ensure that the Personal Information is still valid and correct.

Employees should as far as reasonably practicable follow the following guidance when collecting Personal Information:
  • Personal Information should be dated when received;
  • A record should be kept of where the Personal Information was obtained;
  • Changed to information records should be dated;
  • Irrelevant or unneeded Personal Information should be deleted or destroyed;
  • Personal Information should be stored securely, either on a secure electronic database or in a secure physical filing system.

8.6. Openness
THE COMPANY shall take reasonable steps to ensure that the Data Subject is made aware of:
  • What Personal Information is collected, and the source of the information; Ver 1.1
  • The purpose of collection and processing; - Where the supply of Personal Information is voluntary or mandatory, and the consequences of a failure to provide such information;
  • Whether collection is in terms of any law requiring such collection; - Whether the Personal Information shall be shared with any third party.

8.7. Data Subject Participation 
Data Subject have the right to request access to, amendment, or deletion of their Personal Information. All such requests must be submitted in writing to the Information Officer. Unless there are grounds for refusal as set out in paragraph 7.2, above, THE COMPANY shall disclose the requested Personal Information:
  • On receipt of adequate proof of identity from the Data Subject, or requester;
  • Within a reasonable time; - On receipt of the prescribed fee, if any;
  • In a reasonable format.
THE COMPANY shall not disclose any Personal Information to any party unless the identity of the requester has been verified.

8.8. Security Safeguards 
THE COMPANY shall ensure the integrity and confidentiality of all Personal Information in its possession, by taking reasonable steps to:
  • Identify all reasonably foreseeable risks to information security;
  •  Establish and maintain appropriate safeguards against such risks.

8.8.1. Written records
  • Personal Information records should be kept in locked cabinets, or safes;
  • When in use Personal Information records should not be left unattended in areas where non-staff members may access them;
  • THE COMPANY shall implement and maintain a “Clean Desk Policy” where all employees shall be required to clear their desks of all Personal Information when leaving their desks for any length of time and at the end of the day;
  • Personal Information which is no longer required should be disposed of by shredding. 
Any loss or theft of, or unauthorised access to, Personal Information must be immediately reported to the Information Officer.

8.8.2. Electronic Records
  • All electronically held Personal Information must be saved in a secure database;
  • As far as reasonably practicable, no Personal Information should be saved on individual computers, laptops or hand-held devices;
  • All computers, laptops and hand-held devices should be access protected with a password, fingerprint or retina scan, with the password being of reasonable complexity and changed frequently;
  • THE COMPANY shall implement and maintain a “Clean Screen Policy” where all employees shall be required to lock their computers or laptops when leaving their desks for any length of time and to log off at the end of the day;
  • Electronical Personal Information which is no longer required must be deleted from the individual laptop or computer and the relevant database. The employee must ensure that the information has been completely deleted and is not recoverable.
Any loss or theft of computers, laptops or other devices which may contain Personal Information must be immediately reported to the Information Officer, who shall notify the IT department, who shall take all necessary steps to remotely delete the information, if possible.

9. DIRECT MARKETING 
All Direct Marketing communications shall contain THE COMPANY’s details and an address or method for the customer to opt-out of receiving further marketing communication.

9.1. Existing Customers 
Direct Marketing by electronic means to existing customers is only permitted:
  • If the customer’s details were obtained in the context of a sale or service; and
  • For the purpose of marketing the same or similar products;
The customer must be given the opportunity to opt-out of receiving direct marketing on each occasion of direct marketing.

9.2. Consent 
THE COMPANY may send electronic Direct Marketing communication to Data Subjects who have consented to receiving it. THE COMPANY may approach a Data Subject for consent only once.

9.3. Record Keeping
THE COMPANY shall keep record of:
  • Date of consent;
  • Wording of the consent;
  • Who obtained the consent;
  • Proof of opportunity to opt-out on each marketing contact;
  • Record of opt-outs.

10. DESTRUCTION OF DOCUMENTS
10.1. Documents may be destroyed after the termination of the retention period specified herein, or as determined by the Company from time to time.

10.2. Each department is responsible for attending to the destruction of its documents and electronic records, which must be done on a regular basis. Files must be checked in order to make sure that they may be destroyed and also to ascertain if there are important original documents in the file. Original documents must be returned to the holder thereof, failing which, they should be retained by the Company pending such return.

10.3. The documents must be made available for collection by the Shred-It, or other approved document disposal company.

10.4. Deletion of electronic records must be done in consultation with the IT Department, to ensure that deleted information is incapable of being reconstructed and/or recovered.

11. STATUTORY RETENTION PERIODS 
Document TypePeriod

Companies Act
  • Any documents, accounts, books, writing, records or other information that a company is required to keep in terms of the Act;
  • Notice and minutes of all shareholders meeting, including resolutions adopted and documents made available to holders of securities;
  • Copies of reports presented at the annual general meeting of the company; 
  • Copies of annual financial statements required by the Act;
  • Copies of accounting records as required by the Act;
  • Record of directors and past directors, after the director has retired from the company;
  • Written communication to holders of securities and Minutes and resolutions of directors’ meetings, audit committee and directors’ committees.

   7 Years
  • Registration certificate;
  • Memorandum of Incorporation and alterations and amendments;
  • Rules;
  • Securities register and uncertified securities register;
  • Register of company secretary and auditors and
  • Regulated Companies (companies to which chapter 5, part B, C and Takeover Regulations apply) – Register of disclosure of person who holds beneficial interest equal to or in excess of 5% of the securities of that class issued.

  Indefinitely

Consumer Protection Act
  • Full names, physical address, postal address and contact details;
  • ID number and registration number;
  • Contact details of public officer in case of a juristic person;
  • Service rendered;
  • Cost to be recovered from the consumer;
  • Frequency of accounting to the consumer;
  • Amounts, sums, values, charges, fees, remuneration specified in monetary terms;
  • Conducting a promotional competition refer to Section 36(11)(b) and Regulation 11 of Promotional Competitions;

  3 years  

Financial Intelligence Centre Act
  • Whenever a reportable transaction is concluded with a customer, the institution must keep record of the identity of the customer;
  • If the customer is acting on behalf of another person, the identity of the person on whose behalf the customer is acting and the customer’s authority to act on behalf of that other person;
  • If another person is acting on behalf of the customer, the identity of that person and that other person’s authority to act on behalf of the customer;
  • The manner in which the identity of the persons referred to above was established;
  • The nature of that business relationship or transaction;
  • In the case of a transaction, the amount involved and the parties to that transaction;
  • All accounts that are involved in the transactions concluded by that accountable institution in the course of that business relationship and that single transaction;
  • The name of the person who obtained the identity of the person transacting on behalf of the accountable institution;
  • Any document or copy of a document obtained by the accountable institution

  5 years

Compensation for Occupational Injuries and Diseases Act

Register, record or reproduction of the earnings, time worked, payment for piece work and overtime and other prescribed particulars of all the employees.

4 years
Section 20(2) documents :
  • Health and safety committee recommendations made to an employer in terms of issues affecting the health of employees and of any report made to an inspector in terms of the recommendation;
  • Records of incidents reported at work.
  3 years
Asbestos Regulations, 2001, regulation 16(1):
  • Records of assessment and air monitoring, and the asbestos inventory; 
  • Medical surveillance records;
Hazardous Biological Agents Regulations, 2001, Regulations 9(1) and (2):
  • Records of risk assessments and air monitoring;
  • Medical surveillance records.
Lead Regulations, 2001, Regulation 10:
  • Records of assessments and air monitoring;
  • Medical surveillance records
Noise - induced Hearing Loss Regulations, 2003, Regulation 11:
  • All records of assessment and noise monitoring;
  • All medical surveillance records, including the baseline audiogram of every employee.
  40 years
Hazardous Chemical Substance Regulations, 1995, Regulation 9:
  • Records of assessments and air monitoring; -Medical surveillance records

  30 years

Basic Conditions of Employment Act
Section 29(4):
  • Written particulars of an employee after termination of employment;
Section 31:
  • Employee’s name and occupation;
  • Time worked by each employee;
  • Remuneration paid to each employee;
  • Date of birth of any employee under the age of 18 years.

  3 years

Employment Equity Act
  • Records in respect of the company’s workforce, employment equity plan and other records relevant to compliance with the Act;
  • Section 21 report which is sent to the Director General

  3 years

Labour Relations Act
  • Records to be retained by the employer are the collective agreements and arbitration awards.
  3 years
  • An employer must retain prescribed details of any strike, lock-out or protest action involving its employees;
  • Records of each employee specifying the nature of any disciplinary transgressions, the actions taken by the employer and the reasons for the actions

  Indefinite

Unemployment Insurance Act
  • Employers must retain personal records of each of their current employees in terms of their names, identification number, monthly remuneration and address where the employee is employed
  5 years
 
Tax Administration Act
Section 29 documents which:
  • Enable a person to observe the requirements of the Act;
  • Are specifically required under a Tax Act by the Commissioner by the public notice;
  • Will enable SARS to be satisfied that the person has observed these requirements

  5 years

Income Tax Act
  • Amount of remuneration paid or due to the employee;
  • The amount of employees tax deducted or withheld from the remuneration paid or due;
  • The income tax reference number of that employee;
  • Any further prescribed information;
  • Employer Reconciliation return.

  5 years

Value Added Tax Act
  • Where a vendor’s basis of accounting is changed the vendor shall prepare lists of debtors and creditors showing the amounts owing to the creditors at the end of the tax period immediately preceding the changeover period;
  • Importation of goods, bill of entry, other documents prescribed by the Custom and Excise Act and proof that the VAT charge has been paid to SARS;
  • Vendors are obliged to retain records of all goods and services, rate of tax applicable to the supply, list of suppliers or agents, invoices and tax invoices, credit and debit notes, bank statements, deposit slips, stock lists and paid cheques;
  • Documentary proof substantiating the zero rating of supplies;
  • Where a tax invoice, credit or debit note, has been issued in relation to a supply by an agent or a bill of entry as described in the Customs and Excise Act, the agent shall maintain sufficient records to enable the name, address and VAT registration number of the principal to be ascertained.

  5 years

Insolvency Law


Bankruptcy Applications

Can't pay your bills? Creditors phoning you all the time? Write off up to 80% of your debt and get a fresh start by filing for bankruptcy. We can assist you no matter where you are, locally or abroad.

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Sequestration Applications

Do you have a person who owes you more than R75,000 that just wouldn't pay? You know they have assets, but fear the costs of ongoing litigation? Why not call us for a free consultation?

Learn More

Liquidation of Companies

Is your company in financial trouble? Do you owe taxes that you can't pay? Perhaps its time to explore the drastic option of liquidating your company and walking away from the debt.

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Estate Administration


Estate Planning

We offer comprehensive estate planning at an affordable price, specifically aimed at safeguarding your assets, in as much as is possible at an acceptable cost, with the assistance of financial experts and registered service providers.

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Wills & Trusts

All our existing clients are entitled to a free will, drafted to your specific needs. We also offer our drafting services on behalf of third parties, tend to the registration of trusts and offer our clients an independent trustee service.

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Administration of Deceased Estates

The loss of a loved one comes with enormous emotional, financial and legal stress. We offer a professional approach to reduce the stress and impact caused by the passing of the loved one, as far as possible.

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Matrimonial Law


Ante-nuptial Contracts

Getting married? You NEED an Ante-nuptial Contract! We offer free advice and an all-inclusive online service and we have a urgent 48 hour turn-a-round option!

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Postnuptial Contracts

Married, but want to change your marital regime? It's possible without a divorce by registering a Postnuptial Contract. We offer an affordable one-stop online solution!

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Divorce Cases

We cover everything: uncontested divorces, divorce mediation, child custody disputes, Rule 43 applications, family violence interdicts, asset investigation and appointed distribution.

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F.A.Q


Yes, of course we can. 

We can assist you no matter where you're located nationally or abroad, as long as you have access to the internet. We have longstanding relationships with specifically chosen correspondents, situated in close proximity to every High Court, to ensure our clients' access through our network.

We also have at least one preferred advocate practising at each of the High Courts, which we can brief directly, or consult with virtually via Skype, Zoom, Teams, Whatsapp, Meet or Duo to ensure maximum productivity.
In order to be legally valid and enforceable, the Ante-nuptial Contract must be signed by both parties and be notarised by an attorney who is also qualified as a Notary Public before it can be registered.

Registration of the Ante-nuptial Contract itself may, and usually does occur after the marriage. However, registration must occur within 3 months (90 days) from date of signature by the couple or the contract will be deemed to have lapsed, and by law the couple will be married in community of property.

The only way to remedy the situation would be by way of a very costly High Court application to obtain permission for the late registration of the Ante-nuptial contract.


Unfortunately not.  Any Ante-nuptial Contract signed after you've been married, will not be legally enforceable and cannot be registered.

In order to be legally valid and enforceable, the Ante-nuptial Contract must be signed by both parties and be notarised by an attorney, who is also a Notary Public before the marriage is concluded.

If this was not done, the parties are by law married in community of property and the only way to change their marital regime,  would be by way of a very costly High Court application to obtain permission for the registration of a Notarial Contract (also commonly referred  to as a Post-nuptial Contract) to change their marital regime from in community of property to that of being out of community of property.
Yes, it is possible to change your marital regime without getting a divorce.

However, both parties must consent to the change and it will involve a costly High Court application to obtain permission for the registration of a Notarial Contract (also commonly referred to as a Post-nuptial Contract) to change your marital regime from in community of property to that of being out of community of property.

For more information on the matter, proceed to review the Post Nuptial Contracts category under our F.A.Q.

No. On receipt of the signed Ante-nuptial Contract AND power of attorney our notary public will issue a certificate to hand to the marriage officer. You will then be able to proceed with the marriage and the marriage officer will be able to register the marriage.

Even though the registration process will mostly only be concluded after the marriage had taken place, it must be done within 3 months of signature of the Ante-nuptial Contract for it to be valid and enforceable against third parties.

The Ante-nuptial Contract must be signed in the Notary's presence by the intended spouses, OR by someone both have given a Power of Attorney to sign on their behalf.

In order to facilitate the online registration process, we require your Power of Attorney to enable us to sign your contract on your behalf, in the physical presence of the Notary.
After delivery of the original Ante-nuptial Contract from the offices of the Registrar of Deeds, the document will be scanned and emailed to you.

The original can then be collected from our offices, or the document can also be sent via Postnet or couriered  to you, on your request, at an additional fee.
Yes, of course we can. We have a complete infrastructure to operate on a national basis, irrespective  of where you are situated. As long as you have access to the internet, we can assist you just as effectively as our local clients. Virtual Meetings can be done via Zoom, Whatsapp, Skype, Duo, Teams or Meet.
Insolvency - Insolvent
When your total debt exceeds the value of your assets, you are deemed to be insolvent. Insolvency is a term used to describe a company or person's financial state - solvent vs insolvent.

Bankruptcy - Bankrupt
When an individual is formally declared to be insolvent by a High Court upon application.

Voluntary Surrender
The process where an individual launches an application on a voluntary basis to the High Court in order to have themselves declared bankrupt.

Sequestration
The process where a creditor launches an application to the High Court in order to have a debtor declared bankrupt.

Liquidation
The process where a close corporation or company is declared bankrupt by way of special resolution or order of court.
No. Insolvency is a civil matter in South Africa, not a criminal and therefore you will qualify for a visa and your immigration will be legal.
Section 23(3) of the Insolvency Act, 1936 states that an insolvent may follow any profession or occupation or enter into any employment, but he may not without his trustee' written consent carry on, or be employed in any capacity or have any direct or indirect interest in, the business of a trader who is a general dealer or a manufacturer.

An insolvent may also not be a director of a company or member of a close corporation and while sequestrated, may not practise as an estate agent or own a liquor licence.

A credit report is information about your credit history payment behaviour that is maintained by credit bureaus. It contains information such as your name, address, employer and ID number - the details you give to credit grantors when completing a credit application form.

Credit bureaus also keeps details on your credit history such as your account history and history of paying habits, that is, whether you pay your accounts regularly and on time. A credit report does not contain any data such as race, religious beliefs, political affiliations or medical histories.
Default data is negative information supplied to credit bureaus by the store or bank if you default on your credit agreement with them, that is, if you fail to pay your account.

A default remains on your credit report for 1 year, depending on the description of the default. Subjective classifications of consumer defaults remain for 1 year. Consumer default classifications where enforcement action is taken - such as bad debt written off or handed over, credit card revoked or repossession - remain on your credit report for 1 years.

Default data will be removed once the default is paid in full. Once the default has been paid, the lender has seven days to update their information and inform the credit bureaus of the paid up status. The bureaus, in turn, have seven days from receiving the notification from the lender to amend your credit report.
Credit bureaus are required by the National Credit Act (NCA) to retain this information on the consumer's report for the prescribed retention period - regardless of whether it reflects negatively or positively on the consumer. Therefore this information may not be removed before the prescribed data retention period.

Most of the credit granters in South Africa are also members of the CPA (Credit Providers Association). As members they have agreed to the time periods for which data should be displayed on a consumer's credit report.

The display period for a default is 1; for a judgment, 5 years. These periods are in line with the data retention periods prescribed by the NCA. This enables banks and stores to make informed risk decisions when deciding on whether to grant you credit.
A listing of "Bad Debt - written off" does not mean that the amount was actually written off as noncollectable and is therefore no longer payable.

It is actually consumer default classification where enforcement action is taken, i.e. the relevant creditor has written off the amount in his own debtor's ledger as bad debt and proceeded to hand it over for collection by attorneys or Debt Collectors.


A judgment is granted when a court orders that you make payment on your debt after a certain legal process was followed.

Usually this process will involve a letter of demand, followed by a summons issued to the individual — note that legally the summons does not have to be served on the individual in person, but can be served on the individual’s last known address, etc. The summons informs you of the legal action being taken and allows 10 days you to defend the matter.

Failure to attend to the matter will result in the court granting judgment by default. The judgment will be listed on the credit bureau system for five years or until paid in full, whichever occurs first. 

DO NOTE that when an unpaid judgment is removed after 5 years, the debt still remains collectible. Unless fully paid, a judgment remains payable and enforceable for 30 years from the day it was granted.
  1. Too much debt: Having too much available credit can sometimes harm your credit score. Credit or service providers may feel that you have the ability to spend more than you could potentially pay back. You might want to consider closing a few accounts or asking to have your credit limits reduced.
  2. Your account balances are too high: High levels of debt can signal to potential credit or service providers that you are spending more than you can afford. It is a good idea to use your credit cards regularly but remember to keep your balances below 35% of your available credit limit. If you have balances above 50%, you could see your credit score start to drop.
  3. Late Payments: Late payments will drop your score. In other words a 90 day late payment is more damaging than 30 days late. Always pay at least the minimum amount on your credit account each month.
  4. Too many new accounts: Looking for new credit can equate with higher risk if the enquiries are done across many different industries within a short period of time. Opening several credit accounts in a short period of time affects your credit score. The impact from applying for credit will vary from person to person based on their unique credit histories.
  5. Public Record information: Bankruptcies and judgments on your credit report are items of public record that indicate that you did not honour a particular debt obligation. In some cases, such as judgments, it also indicates that the credit or service provider took legal action against you in an attempt to collect the debt. An item in this category will significantly lower your score. Payment of these types of items will not immediately undo the damage to your credit score.
Yes, of course we can. We have a complete infrastructure to operate on a national basis, irrespective  of where you are situated. As long as you have access to the internet, we can assist you just as effectively as our local clients. Virtual Meetings can be done via Zoom, Whatsapp, Skype, Duo, Teams or Meet.
Yes, the only requirement is that the debt review order must be set aside before the High Court can make the sequestration order.
Yes, the only requirement is that the debt review order must be set aside before the High Court can make the sequestration order.
Yes, of course we can. We have a complete infrastructure to operate on a national basis, irrespective  of where you are situated. As long as you have access to the internet, we can assist you just as effectively as our local clients. Virtual Meetings can be done via Zoom, Whatsapp, Skype, Duo, Teams or Meet.
At all depends on whether the divorce is uncontested or not. An uncontested divorce is the best and most cost effective for all parties concerned. It can be finalised within 6 weeks, provided the court roll is up to date.

If a divorce is contested it may take between 2 - 3 years, but most contested divorces do settle long before they go on trial.
Legal separation does not exist in South Africa. Even if you are no longer living with your spouse and not divorced, in terms of South African law, you are still married.
Yes, Dionne Lamprecht Inc now offers online divorce packages starting from only R1,950. These packages are for those who want to commence the divorce process urgently as well as save money.

Sent us an email with your contact details and we will send you an information questionnaire to complete. Fill in your details, and our legal team will review and send you your papers. Attend court on your own, issue papers and attend to Sheriff.

Please Note: While we offer the DIY package for your convenience, we do not encourage pursuing divorce without proper consultation of an attorney.
In South African law a Rule 43 application in the High Court or Rule 58 application in the Regional Court is the mechanism used to claim interim maintenance pending divorce being finalised.

This is supposed to be a quick, effective and cost saving measure to help an applicant.

You can secure the following relief in a Rule 43 / Rule 58 -
  1. Interim care or contact with the child;
  2. Maintenance for the wife and/or children;
  3. Enforcing certain payments, such as for the bond on the matrimonial home, vehicles, school fees, medical aid premiums and even deposits on new accommodation and relocation costs;
  4. Interim contribution towards the costs of the divorce and legal fees; and/or
  5. An order for delivery of a car, furniture, etc.
Rule 43/58 deals with many of the issues that will ultimately be dealt with in the final divorce action, but is an interim solution and such an application can be brought:
  1. Before issue of the summons; or
  2. Simultaneously with the issuing of the summons; or
  3. After a notice of intention to defend is received.
Often a wife may not have access to funds to pay for her own legal costs. In order to level the playing fields, our courts have created a mechanism for a claim for a contribution to legal costs.

Rules 43(1) and (6) clearly provides a mechanism whereby a party can claim a contribution to legal costs during the divorce proceedings. The reasoning is that an applicant must be put into a position to present his/her case adequately and, for example if one party embarked on litigation on a luxurious scale by paying exorbitant amounts to his attorneys, a court will assist the other party.

ln exercising its discretion in the determination of the amount of the contribution towards costs to be awarded, the court is bound by section 9(1) of the Constitution, Act 108 of 1996, to guarantee both parties the right to equality before the law and equal protection of the law - the equality of arms.
Being married with accrual is in our opinion the most appropriate and ideal system. A successful marriage is in fact based on equality and a partnership. Upon dissolution of the marriage, whether it is by death or divorce, the net values of the estates of each spouse must be determined separately and the larger estate must transfer an amount equal to half of the difference, to the smaller estate. The accrual system does not apply automatically to all marriages out of community of property.

For the accrual system to apply, the ANC must be drafted in a certain way. The accrual system incorporates a calculation that is applied when the marriage is dissolved by divorce. The spouses will share the assets during the course of their marriage based on a particular calculation when the marriage is terminated.

There are certain assets which will not be taken into account when determining the accrual (and cannot be included in calculation of the the net value of the estate):
  • Any asset excluded from the accrual system under the ANC, as well as any other asset that the spouse acquired by virtue of his/her possession or former possession of such asset.
  • Any inheritance, legacy, trust or donation received by a spouse during the marriage from any third party, as well as any other asset that the spouse has acquired by virtue of his/her possession or former possession of the inheritance, legacy, trust or donation, unless the spouses have agreed otherwise in their ANC or the testator/trix or donor has stipulated otherwise.
  • Any donation between the spouses.
  • Any amount that accrued to a spouse by way of damages, other than damages for patrimonial loss or the proceeds of an insurance policy in respect of a dread disease.
The fact that a Trust’s assets are a trust’s assets does not automatically exclude those trust assets from an accrual determination.

The court may pierce the corporate veil of the Trust if the trust is in fact the alter ego of the donor / trustee. This means that the Court can declare that the Trust assets form part of the accrued estate.

Where a spouse has transferred assets in his/her name into a trust, in order for the court to take such assets into account, there must be evidence first that the party in question controlled the trust, and second that, but for the trust, he/she would have acquired and owned the assets in his/her own name.
Generally the Pension Fund / Provident Fund is the largest asset in the divorce next to the marital home. The clause relating to the allocation of the Pension Fund in divorce Settlement Agreement must be drafted by an attorney who specializes in Divorce Law as the Pension Funds are incredibly strict about wording, and they will not hesitate to reject a claim if the clause is not correct. Such an mistake will result in substantial costs being incurred by the claimant as the matter will have to be redrafted and resubmitted to court.

Section 7(7) of the Divorce Act provides that a person’s pension interest or interest in an annuity fund will be taken into account for the calculation of their estates. The interest is deemed to be an asset in their estate, even though it is not yet payable. The important relevant provisions that deal with the allocation of unaccrued pension benefits to a non-member spouse upon divorce are contained in the Divorce Act and in the Pension Funds Act 24 of 1956. (Financial Services Laws General Amendment Act changes Living Annuities and divorce)

If couples are married or in a civil union in community of property, each partner will have a claim against the other’s pension fund. The claim will be for half of the pension interest on the date of divorce. Where couples are married out of community of property with the accrual, the spouse’s pension fund value will be taken into consideration in order to determine the value of his/her estate for purposes of the accrual calculation only.

There is no claim against the Pension Fund where couples are married out of community of property without the accrual. The definition of “pension interest” is to be read as including the after-tax withdrawal benefit ( as defined in the rules of the preservation fund) that would be payable to a member if he or she had opted to take a total withdrawal benefit as at the date of divorce.

The value of a pension interest is determined by definition in the Divorce Act read with the rules of the particular Pension Fund. A Retirement Annuity is not a “policy” and cannot be ceded.
We can assist you no matter where you're located nationally or abroad, as long as you have access to the internet. We have longstanding relationships with specifically chosen correspondents, situated in close proximity to every High Court, to ensure our clients' access through our network.

We also have at least one preferred advocate practising at each of the High Courts, which we can brief directly, or consult with virtually via Skype, Zoom, Teams, Whatsapp, Meet or Duo to ensure maximum productivity.
Our first consultation is limited to 15 minutes which is free of charge. During this time we assess your case and make a determination as to whether or not we can assist you. If the consultation proceeds beyond this point, we will discuss our tariffs going forward.

Our tariffs will firstly be based on the type and complexity of the relevant matter, then the merits involved with regards to the legal aid sought, and lastly the anticipated time and resources to be allocated to the matter.

We assess each matter on its own merits in addition to taking into account the individuality of the client involved. 
Although a face-to-face meeting is always more intimate, we have never physically met the majority of our clients. In the past two decades, in excess of 65% of our clients have only dealt with us by telephone and email.

More than 30% of our clients initially requested physical face-to-face meetings and less than 4% had virtual meetings, mostly using Whatsapp, Zoom and Skype.

We are quite comfortable to accommodate you either telephonically or virtual meeting as opposed to a physical face-to-face meeting. After all, your are the client and the choice is yours...
Yes, of course we can. We have a complete infrastructure to operate on a national basis, irrespective  of where you are situated. As long as you have access to the internet, we can assist you just as effectively as our local clients. Virtual Meetings can be done via Zoom, Whatsapp, Skype, Duo, Teams or Meet.
Insolvency - Insolvent
When your total debt exceeds the value of your assets, you are deemed to be insolvent. Insolvency is a term used to describe a company or person's financial state - solvent vs insolvent.

Bankruptcy - Bankrupt
When an individual is formally declared to be insolvent by a High Court upon application.

Voluntary Surrender
The process where an individual launches an application on a voluntary basis to the High Court in order to have themselves declared bankrupt.

Sequestration
The process where a creditor launches an application to the High Court in order to have a debtor declared bankrupt.

Liquidation
The process where a close corporation or company is declared bankrupt by way of special resolution or order of court.
Yes, you can. However, the process will vary depending on whether the company is solvent or not, in addition to whether you are only a director or a shareholder or both and the percentage of your shareholding (if any). We therefore offer a free analysis of the company in order to advise our clients on the correct strategical process. 
Yes, of course we can. We have a complete infrastructure to operate on a national basis, irrespective  of where you are situated. As long as you have access to the internet, we can assist you just as effectively as our local clients. Virtual Meetings can be done via Zoom, Whatsapp, Skype, Duo, Teams or Meet.
No. You can change your marital regime at any time after your marriage, provided that you comply with the requirements. It is quite expensive, as the process requires an application to be made to the High court in order to obtain consent. Both parties must be in agreement, all the creditors must be notified and the notarial contract, also referred to as a Postnuptial Contract,  can not prejudice the rights of any current creditor - it will only be applicable on future debts to be incurred.
Recently, our Constitutional Court, in having to consider whether a post-nuptial marriage contract concluded without the supervision of the court was valid, found that home drafted contracts were not valid and enforceable if not sanctioned by a court order.

The Court confirmed that the only way married couples could change their marital regimes were to approach the courts in compliance with Section 21 of the Matrimonial Property Act, and that any contract entered into without the supervision of the court, would not be enforceable.

In your case therefore it does appear that your home contract will not be valid and enforceable to change your matrimonial property regime.
Yes, of course we can. We have a complete infrastructure to operate on a national basis, irrespective  of where you are situated. As long as you have access to the internet, we can assist you just as effectively as our local clients. Virtual Meetings can be done via Zoom, Whatsapp, Skype, Duo, Teams or Meet.
Insolvency - Insolvent
When your total debt exceeds the value of your assets, you are deemed to be insolvent. Insolvency is a term used to describe a company or person's financial state - solvent vs insolvent.

Bankruptcy - Bankrupt
When an individual is formally declared to be insolvent by a High Court upon application.

Voluntary Surrender
The process where an individual launches an application on a voluntary basis to the High Court in order to have themselves declared bankrupt.

Sequestration
The process where a creditor launches an application to the High Court in order to have a debtor declared bankrupt.

Liquidation
The process where a close corporation or company is declared bankrupt by way of special resolution or order of court.
Yes, of course we can. We have a complete infrastructure to operate on a national basis, irrespective  of where you are situated. As long as you have access to the internet, we can assist you just as effectively as our local clients. Virtual Meetings can be done via Zoom, Whatsapp, Skype, Duo, Teams or Meet.
Insolvency - Insolvent
When your total debt exceeds the value of your assets, you are deemed to be insolvent. Insolvency is a term used to describe a company or person's financial state - solvent vs insolvent.

Bankruptcy - Bankrupt
When an individual is formally declared to be insolvent by a High Court upon application.

Voluntary Surrender
The process where an individual launches an application on a voluntary basis to the High Court in order to have themselves declared bankrupt.

Sequestration
The process where a creditor launches an application to the High Court in order to have a debtor declared bankrupt.

Liquidation
The process where a close corporation or company is declared bankrupt by way of special resolution or order of court.