Roxo Law – Roxo Law

EVERY CLIENT MATTERS

You will be treated as if it is the dawn of the first day,
despite, being in business for over 40 years.

What We're About

MEET OUR ATTORNEYS

We have built a successful team of Attorneys.

We Are A Law Firm Of Dedicated Lawyers With Over 40 Years Of Existence.

We are a law firm of dedicated lawyers with over of existence & 75 years of combined experience.

We are not just a law firm where legal matters are successfully concluded or our fees are paid. Nor are we a firm where our clients are just a name on our data and records. Our clients are part of our existence and we are appreciative of this every day.

Our Areas

With our experience and knowledge, we are able to represent you in all courts including the High Court, Constitutional, Regional, Magistrates’ , and Labour Courts, CCMA, Arbitrations, Judicial and Quasi Judicial Tribunals.
We have over the years found elegant and simple solutions to difficult and complicated problems, by separating all the moving parts into workable outcomes.

We represent you in the fields of:

Commercial and Corporate Law
Renewable Energy Laws and Regulations
Litigation and Taxation
Defamation Law
Family Law
Labour Law
Immigration Law
Administration of Estates
Curator Applications

Matrimonial

Labour & Commercial

Immigration

Professional And Experienced

Disclaimer

The materials published on this website are provided for general information purposes only and do not constitute legal or other professional advice. While every effort is made to update the information regularly and to offer the most current, correct and accurate information, we accept no liability or responsibility whatsoever if any information is, for whatever reason, incorrect, inaccurate or dated. We accept no responsibility for any loss or damage, whether direct, indirect or consequential, which may arise from access to or reliance on this information contained in these pages. Roxo Law has also taken reasonable measures to ensure integrity of this website and its contents, however no warranty is given that any files, downloads or applications available via this website are free of viruses which have the ability to corrupt your system. Roxo Law reserves the right to make changes to this website and any information on this website at any time.

Terms and Conditions

Violation and waiver

If you breach any of these terms and conditions or any other rights of Roxo Law , we reserve the right to pursue any and all legal and equitable remedies against you. If we should fail to enforce any right or provision in these terms and conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these terms and conditions.

If a court should find that one or more rights or provisions set forth in these terms and conditions are invalid, you agree that the remainder of the terms and conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

Applicable law

These terms and conditions shall be governed by, and construed in accordance with, the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa in respect of any disputes arising in connection with this website.

Data Privacy

Roxo Law respects your privacy and your personal information and for this reason, we take care to protect your personal information and to keep it confidential. Whenever you use this website, contact Roxo Law electronically or use any of our services or tools provided on the website, Roxo Law will collect your personal information. Your personal information will be collected for the following purposes:-

for Roxo Law to act on or respond to your instructions or requests;

providing legal services;

anti-money laundering compliance;

processing employment applications;

for sending you marketing and other business development related material which Roxo Law believes may be of interest to you;

for purposes of market research; and

audit and compliance usage of the website.

Whilst each member firm will continue to preserve their respective clients’ confidentiality and legal professional privilege, information will be shared within Roxo Law for purposes of determining whether there are any conflicts as well as for client relationship management, practice management, research, training and development and for general administrative purposes.

Except as provided above, we do not share personal information with third parties unless the person who has submitted the information has authorised us to do so or if we are required to by law.

You accept that we may store your personal information outside of the region or country that you may submit or use it in.

Anti-Money Laundering

In terms of anti-money laundering and counter terrorist financing legislation, we are required to obtain formal evidence of your identity together with supporting documentation before we can act and may also conduct checks using external electronic databases for this purpose. We are obliged to report suspicions of money laundering activity to our Money Laundering Compliance Officer or to the relevant external authorities, or both. We may have to stop work on a matter and may not be allowed to tell you if we make such a report. We will not be liable to you for the consequences of any such report made in good faith.

Anti-bribery and anti-corruption

Roxo Law has implemented anti-fraud and anti-corruption policies and procedures. There is a zero tolerance to bribery or corruption by, or on behalf of, any member firm. These policies apply to all Roxo Law employees, and to third parties providing services on our behalf.

Roxo Law require employees to act honestly and with integrity at all times. Fraud or corruption by employees could violate applicable laws, present a threat to Roxo Law and will not be tolerated in any circumstances.

Intellectual property rights

Copyright

All information, databases and software included on this website are the property of Roxo Law or its content suppliers and protected by local and international copyright laws.

Furthermore, the compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of Roxo Law and is protected by local and international copyright laws.

Without derogating from the above, we authorize you to view, copy, download to a local drive, print and distribute the content of this website, or parts thereof, provided that:

such content is used for information purposes only;

such content is used for non-commercial purposes (you are expressly prohibited from incorporating any of the material from this website in any other work, publication or website of your own or belonging to another)

any reproduction of material from this website or portion thereof must include this notice in its entirety

Privacy Policy

Introduction
- Roxo Law is committed to safeguarding the privacy of visitors to our website.
- Please read the following Privacy Policy to understand how your information will be treated. This policy may be updated from time to time, so please check it regularly.
- We recognize the importance of protecting your privacy in respect of your personal information (as defined in the Protection of Personal Information Act 4 of 2013, (“POPI”)) collected by us when you use this website.
- You are not required to provide any personal information on the public areas of this website. However, you may chose to do so by completing the application forms on various sections of our website, including:
  - Careers;
  - Publication and newsletter subscriptions;
  - Seminars or other events;
  - To make contact with our partners and employees; and
  - To make contact in respect of any questions you may have about this Privacy Policy
- In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take appropriate and reasonable technical and organizational steps to prevent unauthorised access to, or disclosure of your personal information.
- By continuing to use this website:
  - You agree that we “collect, collate, process and/or store” your personal information (as defined in POPI) (“process”) for, the purposes set out in this Policy including providing you with access to the website and the website content.
- Where there are reasonable grounds to believe that your personal information has been accessed or acquired by an unauthorised person, we will notify the relevant regulator and you, unless the public body responsible for detection, prevention or investigation of offences or the relevant regulator informs us that notifying you will impede a criminal investigation.
What types of personal information do we process?
- The types of personal information that we may process includes (amongst other things):
  - Your name and surname, identity or passport numbers, e-mail and physical addresses, postal addresses, postal address, contact information, information relating to your occupation and the pages of the website view by you.
- We will limit the types of personal information we process to only that to which you consent and which is necessary for our legitimate business interests.
When will we process your personal information?
- Personal may be processed when you:
  - Complete the relevant application form on our website to subscribe or register;
  - Browse the website.
- You acknowledge that all personal information processed by us may be stored by us and used for purposes specified in the Privacy Policy.
How do we use your personal information?
- We will only use the information you provide to us on these sections of the website in order to process the relevant application or registration form.
- We will not retain your information longer than is necessary to achieve the purpose for which the information was collected and processed unless we are required to do so by law or there is a lawful purpose to retain your information for a longer period.
Sharing of your personal information
- You consent that we may disclose your personal information to firm approved third party providers (as referred to below in 5.2.1) where necessary;
- You agree that once your information has been de-identified i.e. delete any information that identifies you, personal information may be shared under the following circumstances:
  - To our agents, advisers, service providers and suppliers (our SEO agency, creative, brand, digital and media agencies, Microsoft, Google and other research agents);
  - To monitor web traffic: web servers serving the website automatically collect information about pages you visit. This information is used for internal review, to tailor information to individual visitors an for traffic audits;
  - For statistics purposes: we may perform statistical analyses in order to measure interest in the various areas of the website (for product development purposes);
  - To government and law enforcement agencies, where the law requires that we disclose your personal information to a party, and where we have reason to believe that a disclosure of personal information is necessary to identify, contact or bring legal action against a party who may be in breach of the Privacy Policy or may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else that could be harmed by such activities.

Your rights
- You have the right to request that we correct, destroy or delete any of your personal information that we have processed in accordance with this policy. The personal information that you may request us to correct, destroy or delete is personal information that is inaccurate, excessive, out of date, incomplete, misleading, obtained unlawfully or that we are not longer authorised to retain.
- You have the right to withdraw your consent for us to process your personal information at any time. The withdrawal of your consent can only be made by you on condition that:
  - The withdrawal of your consent does not affect the processing of your personal information before the withdrawal of your consent; or the withdrawal of your consent does not affect the processing of your personal information if the processing is in compliance with an obligation imposed by law on us; or
  - The withdrawal of your consent does not affect the processing of your personal information where such processing is necessary for the proper performance of a public law duty by a public body; or
  - The withdrawal of your consent does not affect the processing of your personal information as required to finalise the performance of a contract in which you are a party; or
  - The withdrawal of your consent does not affect the processing of your personal information as required to protect your legitimate interests or our own legitimate interests or the legitimate interests of a third party to whom the information is supplied.
- You have the right to object to the processing of your personal information at any time, on reasonable grounds relating to your particular situation, unless the processing in required by law.
- You can make the objection if the processing of your personal information is not necessary for the proper performance of a public law duty by a public body; or if the processing of your personal information is not necessary to pursue your legitimate interest; our legitimate interests or the legitimate interests of a third party to which the information is supplied.
- You have the right to object to the processing of your personal information, at any time, if the processing is for purposes of direct marketing other than direct marketing by means of an unsolicited electronic communications and you have not given your consent for that processing.
- You have the right not to have your personal information processed for purposes of direct marketing by means of unsolicited electronic communications from third parties unknown to you.
- You have the right not to be subjected to a decision which is based solely on the basis of the automated processing of your personal information intended to provide you with a profile of you.
- Decisions that you may not be subjected to are decisions that result in legal consequences for you or affect you to a substantial degree:
  - Without being for the execution of a contract that you have received performance for; or
  - Decisions made that are not in terms of law or of a code of conduct that specifies what appropriate measure must be taken to protect your legitimate interests.
- You have the right to submit a complaint to the Information Regulator (once fully operational) regarding an alleged interference with the protection of personal information processed in accordance with this policy.
- You have the right to institute civil proceedings regarding an alleged interference with the protection of your personal information process in accordance with this policy.
Use of Cookies
- Cookies are pieces of information a website transfers to a user’s hard drive for record-keeping purposes. Cookies make surfing the web easier for you by saving your preferences and tracking your online habits, traffic patterns, and making sure you do not see the same advertisement too often. The use of cookies is an industry standard.
- We may place a cookie on your browser to store and sometimes track the information to above in 7.1.
- While most browsers are initially set up to accept cookies, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please note that some part of the website will not function properly if you refuse cookies.
Use if IP address
- An Internet Protocol (IP) address is a number that is automatically assigned to a computer whenever it is connected to the Internet. We log IP addresses or the location of computers on the Internet.
- We collect IP addresses for the purposes of system administration and to audit the use of the website. We do not link IP addresses to personal information unless it becomes necessary to enforce compliance with the Privacy Policy or to protect our website or its users.
Links to other site
- When you are using the website, you could be directed to other sites that are beyond our control. We are not responsible for the content or the privacy policies of those third party websites.

Access to Information (Promotion of Access to Information Act) – PAIA

Introduction to Roxo Law

Roxo Law is a sole proprietorship which conducts business as a law firm. Roxo Law is located at Bedfordview. Genie de Carvalho has been appointed as Information Officer, to act as the person to whom requests for access to information must be made in terms of the Act.

Particulars of the Information Officer (Section 51(1)(a))

Information Officer: Genie de Carvalho

Physical Address: Cambridge Office Park, 1^st Floor Saffer Place, Cnr. Kirkby and Oxford Road, Bedfordview.

Telephone and email: Telephone: +27 11 622 0960 / Email: [email protected]

Information on the access to information guide (Section 51(1)(b))

The South African Human Rights Commission (“SAHRC”) has compiled a guide to assist with requests to access to information (“the Guide”).

The Guide is available on the following website:

www.sahrc.co.za

Alternatively you can contact the firm’s information officer, as set out above, to provide you with a copy of the Guide.

Description of records that are available (section 51(1)(d))

The firm maintains records in terms of the following legislation, as far as required:

Income Tax Act 58 of 1962
The Unemployment Insurance Act 30 of 1966
Income Tax Act 95 of 1967
The Attorneys Act 53 of 1979
The Legal Practice Act 28 of 2014
Value Added Tax 89 of 1991
Occupational Health and Safety Act 85 of 1993
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Labour Relations Act 66 of 1995
Basic Conditions of Employment Act 75 of 1997
The Employment Equity Act 55 of 1998
The Skills and Development Act 97 of 1998
Promotion of Access of Information Act 2 of 2000
Electronic Communications and Transactions Act 25 of 2002
The Protection of Personal Information Act 4 of 2013
The Rules for the Attorneys’ Profession

Roxo Law has the following records (which are not automatically available without a request in terms of this Act):

Public Product Information
Media Releases
Promotion of Access to Information Act Manual
Internal and external correspondence

Financial Information

Financial Statements
Financial and Tax Records (Company & Employees)
Asset Register & Insurance Information
Banking Details

Human Resources

Employee Records
Employment Contracts
Personnel Guidelines, Policies and Procedures
Operational Information

Operational Information

Partnership information
Client Information
General Contract Documentation
Company Guidelines, Polices and Procedures
Trade Marks
Statutory Records
General Operational Information

Website

Organisational Structure
Organisation and personal profiles
News and Publications

Form of Request (section 51(1)(e))

The requester must use the prescribed form to make the request for access to a record. The form may be requested from the General Counsel and is available on the website of the South African Human Rights Commission at www.sahrc.org.za and the website of the Department of Justice and Constitutional Development at www.doj.gov.za. The completed form must be submitted to the General Counsel.

The requester must provide sufficient detail on the request form to enable the General Counsel to identify the record and the requester.

The requester should also indicate which form of access is required.

The requester should also indicate if he or she wishes to be informed in any other matter and state the necessary particulars to be so informed.

The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation as to why the requested record is required for the exercise or protection of that right.

If a request is made in behalf of a person, the requester must submit proof of the capacity in which the requester in making the request to the satisfaction of the General Counsel.

Fees (section 51(1)(e))

The General Counsel must notify the requester (other than a personal requester) by notice, requiring the requester to pay the relevant fee before further processing the request. A personal requester does not pay such fee.

The requester may lodge an application to the court against the tender or payment of the request fee.

The General Counsel will then make a decision on the request and notify the requester in the required form.

If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that had exceeded the prescribed hours to search and prepare the record for disclosure.

FICA (Financial Intelligence Centre Act) documents required

Individual

Copy of ID document (SA Citizens) / Passport (Foreign Nationals)
Proof of address less than three months old (for example utility bill, store account statement, bank statement with address, DSTV account, municipal letter)
- Should you not have proof of address in your name, you may provide a declaration by a third party confirming that you share an address with them and provide the third party’s proof of ID and proof of address (less than three months old).
Copy of SARS document confirming income tax number
Copy of bank statement confirming individual banking details (less than three months old)

Minor

Copy of the birth certificate (abridged or unabridged)
In the case of a guardian, provide documents confirming legal guardianship.
Copy of SARS document confirming income tax number of minor
Proof of address less than three months old
- As the parent / guardian, you may provide a declaration confirming that:
  - You share an address with the minor.
  - The minor does not have a tax number
  - Copy of ID document (SA Citizens) / Passport (Foreign Nationals) of parent / guardian
- Copy of bank statement confirming parent / guardian banking details (less than three months old)

Non-Resident Individual

Copy of foreign ID / passport
Proof of address less than three months old
- Should you not have proof of address in your name, you may provide a declaration by a third party confirming that you share an address with them and provide the third party’s proof of ID and proof of address (less than three months old).
Document confirming tax registration number
Copy of bank statement confirming foreign bank details of individual (less than three months old)

Estate Late

For the deceased we require the following:
- Certified copy of death certificate
- Copy of ID
Bank details of estate late account
Resolution (if more than one executor)
For the executor/s we require the following:
- Copy of ID
- Certified letter of Executorship / Authority
- Proof of address (less than three months old)

Trust

Copy of Trust deed (if applicable, any deeds of amendment of Trust Deed)
Copy of Letter of Authority
Copy of SARS document confirming Income tax / VAT registration number for trust
Resolution signed by all Trustees nominating authorised signatory / representative
Copy of bank statement confirming trust account banking details (less than three months old)
For the authorised signatory / representative, each trustee, beneficiary and founder of the trust we require the following:
- Copy of ID
- Proof of address (less than three months old)

Company

Company registration documents
- CM1- Certificate of Incorporation
- CM2- Memorandum of Association
- CM22- Notice of Registered Office
- If applicable, CM9 or Certificate of Recognition (CoR) (CoR 18.1 and 18.3 for conversion from CC and CoR 15.1 for name changes)
- Latest CM29 – Contents of Registrar of Directors, Auditors and Officers Business name if different from registered name
Proof of address (less than three months old)
Copy of SARS document confirming Income tax / VAT registration number for company
Resolution on company letterhead signed by all directors nominating authorised signatory / representative
Copy of bank statement confirming company banking details (less than three months old)
For the authorised signatory / representative and / or CEO, each director and each person or corporation with shareholding of 25% or more in the company, we require the following:
- Copy of ID
- Proof of address (less than three months old)

Non-Resident Company

Copy of foreign company registration documents
Proof of address (less than three months old)
Document confirming tax registration number for company
Resolution signed by all directors nominating one signatory / representative
Copy of bank statement confirming foreign bank details of the company (less than three months old)
For the authorised signatory / representative and / or CEO, each director and each person or corporation with shareholding of 25% or more in the company, we require the following:
- Copy of ID / passport
- Proof of address (less than three months old)

Close Corporation

Copy of Founding Statement (CK 1) and Certificate of Incorporation (if applicable, CK2 for any amendments to the Founding Statement)
Business address if different from registered address
Proof of address of the company (less than three months old)
Copy of SARS document confirming Income tax / VAT registration number for the CC
Resolution on the CC letterhead signed by all members nominating one signatory / representative
Copy of bank statement confirming bank details of the company (less than three months old)
For the authorised signatory / representative and each member we require the following:
- Copy of ID
- Proof of address (less than three months old)

Partnership Account

Copy of partnership agreement
Proof of address (less than three months old)
Resolution signed by all members nominating authorised signatory / representative
Copy of SARS document confirming Income tax / VAT registration number for the partnership
Copy of bank statement confirming banking details of partnership account (less than three months old)
For the authorised signatory / representative and each partner, we require the following:
- Copy of ID
- Proof of address (less than three months old)

Unincorporated Entities (e.g. Clubs, Churches)

Copy of document confirming list of all active members
Resolution signed by all members nominating authorised signatory / representative (a note to be made of bank details and possible tax implications for the nominated person)
Proof of address (less than three months old)
Copy of SARS document confirming Income tax / VAT registration number for the entity
Copy of bank statement confirming banking details of partnership account (less than three months old)
For the authorised signatory / representative and each member or partner, we require the following:
- Copy of ID
- Proof of address (less than three months old)