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New breed law firm

We embrace diversity

Who We Are
DBM Attorneys is proudly based in Newcastle and our clients regard us as a firm of excellence. As the largest firm of attorneys in Northern KwaZulu-Natal, we provide our clients with efficient and effective legal solutions with integrity and professionalism.

We care

We care for our clients, our staff and our community.

We care

We like to get personal and build relationships of trust with our clients. We invest in our staff and give back to our communities.

Setting the Standard

We set the standard and lead from the front.

Setting the Standard

We set high standards for ourselves and work hard to achieve them and ensure our clients experience top and consistent service throughout the firm.

Expertise

Expertise

We are experts that aim to simplify the complex.

Featured Articles

Employment of foreign nationals in South Africa to be tightly regulated

08 September 2023

Most employers will be forgiven if they claim not to have heard of the Employment Services Act 4 of 2014 (“Act”). This legislation is certainly not as well-known as the Labour Relations Act, the Basic Conditions of Employment Act or even the Employment Equity Act. Yet, with major amendments proposed to the Employment Services Act in particular in respect of the employment of foreign nationals in South Africa, employers that make use of such employment should take note of the proposed...

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15
Article

Trusts, anti-money laundering, and tax season. Stay ahead with new filing requirements!

08 September 2023

With tax return season upon us, trustees should take note of additional requirements pertaining to filing tax returns with the South African Revenue Services (“SARS”).

Show more
READ MORE
16
Article

You must take capital gains tax into account in your estate planning

28 August 2023

When assisting clients with estate planning and discussing the tax considerations applicable to their estate upon their death, an often misunderstood and unplanned for consequence following a death is capital gains tax (“CGT”). In this article, we take a closer look at some of the considerations that come into play with respect to CGT and how regular review of your estate plan is important to ensure that the latest tax considerations have been incorporated into your estate plan.

Show more
READ MORE
13
Article

The latest developments in respect of the new Anti-money Laundering Legislation

28 August 2023

In this article, we provide an important update to trustees and company directors on the latest developments in respect of the newly introduced beneficial ownership reporting for trusts and companies as introduced by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which came into full effect on 1 April 2023 and affects all trusts and companies in South Africa.

Show more
READ MORE
12
Article

The tension between the right of ownership and lien in security for a debt

27 July 2023

Law often requires a balancing of two different competing rights, requiring our courts to take a view based on law or the relevant facts to decide which right trumps which. In a recent High Court case the court had to consider in the circumstances of the case whether our common law right or rei vindicatio which allows an owner to recover possession of his asset trumps the common law lien or legal claim against an asset held as security for a debt.  

Show more
READ MORE
42
Article

Buying property as cohabiting partners

26 July 2023

Buying or selling property is a significant step in any individual's life, but when it comes to cohabiting partners, the process can be even more complex. Cohabitation, where an unmarried couple lives together, brings its own unique set of considerations when it comes to property transactions. In this article, we will discuss the essential aspects that cohabiting partners should consider when buying or selling property together.

Show more
READ MORE
41
Article

New Public Procurement Bill intended to end tender corruption

27 July 2023

To address the continuing perception of tender corruption which has also been included as one of the reasons for South Africa’s grey listing by the international community, the Minister of Finance in May 2023 introduced a draft Public Procurement Bill as the answer to creating conformation, stability and transparency in public procurement across all state entities from national to local government level. The Bill has since been tabled in Parliament.

Show more
READ MORE
52
Article

Trusts: Majority rules, or unanimity triumphs?

27 July 2023

Everyone is familiar with the term ‘majority rules’ and generally when applied it means that the decision of the majority sticks and is valid. The question that arose in the recent case of Shepstone & Wylie Attorneys v Abraham Johannes de Witt N.O. and Others [2023] ZASCA 74 was whether the majority decision by the trustees of a trust needed a resolution signed by all the trustees to be valid. In this article we take a look at the decision and what it potentially means for the la...

Show more
READ MORE
41
Article

Boundary walls done right!

27 July 2023

Boundary walls between neighbouring properties are key to defining property lines and ensuring the privacy and security of your property. Yet, boundary walls often also form the basis of heated disputes between neighbours, particularly when not done correctly. In this article, we highlight some of the main aspects to be considered when building or modifying a boundary wall.

Show more
READ MORE
66
Article

Mediation now an option in Magistrate Court matters

26 July 2023

Mediation has for a number of years been a viable option for litigants in the High Court to attempt to speedily resolve their dispute. The mediation option, as an alternative form of dispute resolution, has now also been incorporated into the Rules Regulating the Conduct of Proceedings of Magistrate’s Courts (“Magistrate’s Court Rules”) under Rules 70 – 79. This amendment, which came into operation on 9 June 2023, deals with how civil matters are dealt with in the M...

Show more
READ MORE
42
Article

Tax Incentive for rooftop solar panels

27 June 2023

In the 2023 national budget speech, Finance Minister Enoch Gondongwana unveiled a series of draft tax relief initiatives aimed at promoting renewable energy adoption among households and alleviating the burden on the struggling national power grid. These proposed tax relief incentives were published in the 2023 Draft Taxation Laws Amendment Bill (Draft Amendment Bill) which we briefly unpack herein.

Show more
READ MORE
166
Article

Factors courts must consider when reviewing state tenders

27 June 2023

With so much attention the last few years on corruption, tender fraud and unauthorised government procurement, a question that is frequently asked is to what extent our courts are allowed to become involved with government tenders and set them aside?

Show more
READ MORE
110
Article

Can a body corporate reveal the criminal record of an employee to owners?

27 June 2023

Can the body corporate of a section title reveal to owners that an employee has a criminal record for a serious crime? This is a question we receive more often than would be expected from body corporates. So, what is the answer, can they, or can’t they reveal this information?

Show more
READ MORE
310
Article

Why can deceased estates take so long to be finalised?

29 May 2023

The family of a deceased are often confronted with the harsh reality of having to wind up a deceased’s estate after his or her passing. Usually, there is the expectation that this should go quickly, but unfortunately, the reality is that the process is hardly ever a quick one. So how long then does it take to wind up a deceased estate? 

Show more
READ MORE
441
Article

Estate agents and their obligations under the new Anti-money Laundering Amendment Act

29 May 2023

Closely related to the recent greylisting of South Africa is the passing late in 2022 of the new General Laws Anti-Money Laundering and Combating Terrorism Financing Amendment Act, 22 of 2022 (“Amendment Act”). The Amendment Act introduces several key changes to areas of law affecting trusts, companies and non-profit organisations in an attempt to tighter regulate these entities seen as prevalent to abuse for illicit criminal activities. Importantly for estate agents, changes have al...

Show more
READ MORE
219
Article

Employment of foreign nationals in South Africa to be tightly regulated

08 September 2023

Most employers will be forgiven if they claim not to have heard of the Employment Services Act 4 of 2014 (“Act”). This legislation is certainly not as well-known as the Labour Relations Act, the Basic Conditions of Employment Act or even the Employment Equity Act. Yet, with major amendments proposed to the Employment Services Act in particular in respect of the employment of foreign nationals in South Africa, employers that make use of such employment should take note of the proposed...

Show more
READ MORE
15
Article

Trusts, anti-money laundering, and tax season. Stay ahead with new filing requirements!

08 September 2023

With tax return season upon us, trustees should take note of additional requirements pertaining to filing tax returns with the South African Revenue Services (“SARS”).

Show more
READ MORE
16
Article

You must take capital gains tax into account in your estate planning

28 August 2023

When assisting clients with estate planning and discussing the tax considerations applicable to their estate upon their death, an often misunderstood and unplanned for consequence following a death is capital gains tax (“CGT”). In this article, we take a closer look at some of the considerations that come into play with respect to CGT and how regular review of your estate plan is important to ensure that the latest tax considerations have been incorporated into your estate plan.

Show more
READ MORE
13
Article

The latest developments in respect of the new Anti-money Laundering Legislation

28 August 2023

In this article, we provide an important update to trustees and company directors on the latest developments in respect of the newly introduced beneficial ownership reporting for trusts and companies as introduced by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which came into full effect on 1 April 2023 and affects all trusts and companies in South Africa.

Show more
READ MORE
12
Article

The tension between the right of ownership and lien in security for a debt

27 July 2023

Law often requires a balancing of two different competing rights, requiring our courts to take a view based on law or the relevant facts to decide which right trumps which. In a recent High Court case the court had to consider in the circumstances of the case whether our common law right or rei vindicatio which allows an owner to recover possession of his asset trumps the common law lien or legal claim against an asset held as security for a debt.  

Show more
READ MORE
42
Article

Buying property as cohabiting partners

26 July 2023

Buying or selling property is a significant step in any individual's life, but when it comes to cohabiting partners, the process can be even more complex. Cohabitation, where an unmarried couple lives together, brings its own unique set of considerations when it comes to property transactions. In this article, we will discuss the essential aspects that cohabiting partners should consider when buying or selling property together.

Show more
READ MORE
41
Article

New Public Procurement Bill intended to end tender corruption

27 July 2023

To address the continuing perception of tender corruption which has also been included as one of the reasons for South Africa’s grey listing by the international community, the Minister of Finance in May 2023 introduced a draft Public Procurement Bill as the answer to creating conformation, stability and transparency in public procurement across all state entities from national to local government level. The Bill has since been tabled in Parliament.

Show more
READ MORE
52
Article

Trusts: Majority rules, or unanimity triumphs?

27 July 2023

Everyone is familiar with the term ‘majority rules’ and generally when applied it means that the decision of the majority sticks and is valid. The question that arose in the recent case of Shepstone & Wylie Attorneys v Abraham Johannes de Witt N.O. and Others [2023] ZASCA 74 was whether the majority decision by the trustees of a trust needed a resolution signed by all the trustees to be valid. In this article we take a look at the decision and what it potentially means for the la...

Show more
READ MORE
41
Article

Boundary walls done right!

27 July 2023

Boundary walls between neighbouring properties are key to defining property lines and ensuring the privacy and security of your property. Yet, boundary walls often also form the basis of heated disputes between neighbours, particularly when not done correctly. In this article, we highlight some of the main aspects to be considered when building or modifying a boundary wall.

Show more
READ MORE
66
Article

Mediation now an option in Magistrate Court matters

26 July 2023

Mediation has for a number of years been a viable option for litigants in the High Court to attempt to speedily resolve their dispute. The mediation option, as an alternative form of dispute resolution, has now also been incorporated into the Rules Regulating the Conduct of Proceedings of Magistrate’s Courts (“Magistrate’s Court Rules”) under Rules 70 – 79. This amendment, which came into operation on 9 June 2023, deals with how civil matters are dealt with in the M...

Show more
READ MORE
42
Article

Tax Incentive for rooftop solar panels

27 June 2023

In the 2023 national budget speech, Finance Minister Enoch Gondongwana unveiled a series of draft tax relief initiatives aimed at promoting renewable energy adoption among households and alleviating the burden on the struggling national power grid. These proposed tax relief incentives were published in the 2023 Draft Taxation Laws Amendment Bill (Draft Amendment Bill) which we briefly unpack herein.

Show more
READ MORE
166
Article

Factors courts must consider when reviewing state tenders

27 June 2023

With so much attention the last few years on corruption, tender fraud and unauthorised government procurement, a question that is frequently asked is to what extent our courts are allowed to become involved with government tenders and set them aside?

Show more
READ MORE
110
Article

Can a body corporate reveal the criminal record of an employee to owners?

27 June 2023

Can the body corporate of a section title reveal to owners that an employee has a criminal record for a serious crime? This is a question we receive more often than would be expected from body corporates. So, what is the answer, can they, or can’t they reveal this information?

Show more
READ MORE
310
Article

Why can deceased estates take so long to be finalised?

29 May 2023

The family of a deceased are often confronted with the harsh reality of having to wind up a deceased’s estate after his or her passing. Usually, there is the expectation that this should go quickly, but unfortunately, the reality is that the process is hardly ever a quick one. So how long then does it take to wind up a deceased estate? 

Show more
READ MORE
441
Article

Estate agents and their obligations under the new Anti-money Laundering Amendment Act

29 May 2023

Closely related to the recent greylisting of South Africa is the passing late in 2022 of the new General Laws Anti-Money Laundering and Combating Terrorism Financing Amendment Act, 22 of 2022 (“Amendment Act”). The Amendment Act introduces several key changes to areas of law affecting trusts, companies and non-profit organisations in an attempt to tighter regulate these entities seen as prevalent to abuse for illicit criminal activities. Importantly for estate agents, changes have al...

Show more
READ MORE
219
Article

Spousal Consent: unveiling the challenges in community of property marriages

29 May 2023

When spouses are married in community of property, our law dictates that a spouse requires the consent of the other spouse when entering into a transaction that affects the joint estate. But what happens when one spouse refuses to provide consent?

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266
Article

We are proud of our BEE Level 2 Status!!

Embracing positive transformation.

We are proud of our BEE Level 2 Status!!

Embracing positive transformation.