What does the monthly fee actually cover?

The scope set out in your chosen tier, executed by senior commercial attorneys. The fee covers our time, our judgement and our availability. It is not a deposit against hours. Disbursements (CIPC fees, sheriff and court fees, briefing of counsel where required) are billed at cost. VAT applies.

What happens if a matter falls outside the retainer scope?

We will tell you before any work begins, with an estimate and a clear basis for the fee. Typical examples include contested litigation, complex tax structuring or significant M&A execution. Embedded clients receive discounted rates on overflow work; Essential and Advisory clients are quoted at our standard commercial rate.

How long do I have to commit?

A one-month notice period after an initial three-month engagement. We are not interested in retaining a client who is not getting value, and the retainer is built to prove itself in the first quarter.

Who actually does the work?

A named primary attorney is allocated to your business and is your single point of contact. From Advisory upwards, a secondary attorney is named to provide continuity for leave, capacity and conflict cover. Junior support is used for administration only, never for advice.

How do you handle conflicts of interest?

We run a full conflict check before the engagement letter is signed. Where we act for businesses in the same sector, we will tell you upfront so you can decide whether to proceed. We will not act against a current retainer client, and we ringfence sensitive matters internally where appropriate.

Can I move between tiers?

At any time, with one month's notice. Most clients start at Essential or Advisory and move up as the business scales. We will also tell you when we think you are paying for more than you need - the retainer should match your business, not the other way around.

What is not included?

Court appearances, formal litigation, heads of argument, complex tax opinions, BEE verification audits and forensic investigations are not included. These are quoted separately or, for Embedded clients, managed at the discounted overflow rate.

Insights

Briefing06 October 2025

Constitutional Court Redefines Parental Leave Rights

The Van Wyk judgment finds the BCEA's maternity and parental leave provisions constitutionally invalid, granting all parents four months and ten days of shared leave.

Constitutional Court Redefines Parental Leave Rights

On 3 October 2025, the Constitutional Court delivered its landmark judgment in Van Wyk and Others v Minister of Employment and Labour [2025] ZACC 20, finding sections of the Basic Conditions of Employment Act (BCEA) governing maternity and parental leave to be constitutionally invalid.

The Court held that limiting maternity leave to birthing mothers unfairly discriminates on the grounds of sex, gender, and family responsibility. The invalidity is suspended for 36 months to allow Parliament to amend the BCEA. In the meantime, interim measures apply immediately.

Key Changes in Effect

Universal Parental Leave: All parents, biological, adoptive, and commissioning, are jointly entitled to 4 (four) months and 10 (ten) days of parental leave.

Leave Division: Employed parents may agree on how to share the leave; failing agreement, it is split equally.

Adoption and Surrogacy: Leave begins on the date of placement (adoption) or date of birth (surrogacy).

Pregnancy and Recovery: Expectant employees may start leave four weeks before birth and may not work for six weeks after birth, unless medically certified fit.

Single Employed Parent: Where only one parent is employed, that parent may take the full leave entitlement.

Notice Requirements: Written notice of intended leave and return dates must be given four weeks in advance, or one month for adoption and commissioning leave.

Employer Compliance Checklist

1. Policy Review: Check that your HR policies no longer distinguish leave entitlements by gender or birth status.

2. Benefit Equality: Ensure any paid maternity benefits apply equally to all parents.

3. Contract Updates: Amend standard employment contracts to reflect shared parental leave.

4. Communication: Issue a staff circular or internal notice explaining the new arrangements.

5. Record-Keeping: Maintain accurate leave and UIF records for all parents.

The Van Wyk judgment affirms South Africa's commitment to gender equality, dignity, and shared parenting. It aligns labour law with the realities of modern families and places equal value on all caregiving roles. Monitor future amendments to the BCEA once Parliament enacts corrective legislation.

Read the full judgment: Van Wyk and Others v Minister of Employment and Labour [2025] ZACC 20

Employment & LabourCompliance