A commercial dispute rarely announces itself in advance. When it arrives — a contract breached, a relationship collapsed, a judgment that needs enforcing — you need practitioners who are already prepared. We act for businesses, directors, shareholders and individuals in High Court litigation across South Africa.
We appear regularly in the High Court of the Western Cape Division, in commercial arbitrations and before specialist tribunals, with co-counsel reach across the Republic.
From the strategic decisions of the first week through discovery, expert evidence and trial — every matter is worked up methodically, without shortcuts.
Clients receive plain-English updates, frank assessments of prospects and transparent cost projections at every stage of the matter.
We work matters up systematically: from the strategic decisions of the first week, to discovery, expert evidence, settlement negotiation and, where required, trial. Our clients are kept informed in plain English at every stage, with clear views on prospects, cost and risk.
Breach of contract, repudiation, specific performance, damages claims and injunctive relief. The bulk of our litigation is rooted in commercial agreements between businesses.
Oppressive conduct, derivative actions, removal of directors, deadlock disputes and shareholder buy-outs — including section 163 applications.
Anti-dissipation orders, mandamuses, Anton Piller orders, urgent contractual relief and protective orders. Same-day mobilisation when matters demand it.
Domestic and international arbitration under AFSA, ICC and ad hoc rules. Mediation and structured settlement processes where they are likely to produce better outcomes.
Liquidation applications (provisional and final), business rescue applications and oppositions, and insolvency-linked commercial litigation in the High Court — acting for creditors, shareholders, directors and other affected parties. We appear as attorneys in these proceedings; the firm does not accept appointments as liquidator or business rescue practitioner.
Contracts, shareholders agreements, restructurings and commercial structuring for owner-managed businesses — drafted and negotiated by litigators who know exactly how agreements fail, so that yours do not.
Lease disputes, evictions and ejectments (PIE Act and common law), contested transfers, sectional title litigation, construction claims and JBCC/NEC contractual disputes.
Contested wills, executor and trustee removals, beneficiary disputes and applications under the Trust Property Control Act.
Full Bench appeals, Supreme Court of Appeal and Constitutional Court matters, and reviews of administrative and disciplinary decisions.
Tender documentation review, bidder advisory and procurement dispute resolution — including urgent interdicts against irregular awards and review proceedings to set aside non-compliant procurement decisions.
Vindication, money, an outcome, an exit, a deterrent. The strategy that follows depends entirely on the answer.
Honest, evidence-based assessment of the merits. Including the parts of the case we are uncomfortable with.
Stage-by-stage costing — at our rates and on counsel's. Estimates kept current as the matter develops.
Most disputes resolve. We map the moments where the calculus shifts — and prepare to be ready when they arrive.
Trial readiness from the first day. The work that wins at trial is the work that brings settlement on favourable terms.
“The cases we are proudest of are the ones our clients never had to argue. The leverage came from how we prepared.” — De Klerk Turner Incorporated, Litigation Practice
Lease disputes, evictions, sectional title litigation and contested transfers.
RelatedNotarial bonds, antenuptial contracts and authentications — executed in-house by our notary public.
RelatedContested wills, executor removals and beneficiary applications.
We handle the full spectrum of commercial dispute resolution including High Court litigation, urgent applications and interdicts, contractual disputes, delictual claims, arbitration, mediation, and appeals. We act for companies, directors, creditors, and individuals in high-stakes commercial matters.
An urgent interdict requires an application on notice (or in very rare cases ex parte) to the High Court under Rule 6(12) of the Uniform Rules. You must show a prima facie right, a well-grounded apprehension of irreparable harm, that the balance of convenience favours the relief, and that there is no other adequate remedy. Contact us immediately if you need urgent relief — timing is critical.
Yes. We represent clients in domestic commercial arbitration proceedings, including arbitrations under the Arbitration Act 42 of 1965 and under institutional rules. We also advise on arbitration clauses and enforce arbitration awards in the High Court.
Yes. We act in shareholder and director disputes including oppressive conduct applications under section 163 of the Companies Act, derivative actions, deadlock disputes, director removal applications and shareholder buy-outs. These matters frequently require urgent relief, which our team can mobilise quickly.
Yes. Our litigation practice extends to Full Bench appeals, Supreme Court of Appeal and Constitutional Court matters, and reviews of administrative and disciplinary decisions. Appeals require careful judgment on prospects — we provide frank advice on whether an appeal is worth pursuing before committing to the cost.
Strong litigators settle more cases than they argue, and that is not a contradiction. We prepare every matter as if it will be litigated to judgment — because that depth of preparation is what shifts the settlement calculus. We map the moments where the opposing party's position weakens and position our clients to negotiate from strength when those moments arrive. Most of our matters resolve before trial, on terms our clients are satisfied with.
Yes. We bring and defend both eviction and ejectment proceedings. Eviction applications are governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) and apply where an unlawful occupier is in occupation of residential or commercial property. Ejectment proceedings apply at common law where a person with a right of occupation — such as a tenant whose lease has been cancelled or has expired — refuses to vacate. Both proceedings require a court order. We handle the full process including urgent applications for immediate relief where the circumstances warrant it.
Specific performance is a court order compelling the breaching party to do exactly what the contract requires. In South African law it is the primary remedy for breach of contract — not a secondary or exceptional one. The Supreme Court of Appeal confirmed in Benson v SA Mutual Life Assurance Society that a contracting party is in principle always entitled to claim it. The alternative is cancellation, which ends the contract. These remedies are mutually exclusive: once you elect one, you cannot switch to the other. De Klerk Turner Inc. advises clients on which remedy to pursue before the election is made.
Yes. We review tender documentation for compliance with procurement requirements, advise bidders on the legal framework governing public and private tenders, and act in disputes arising from tender processes — including urgent applications to interdict the award of a tender, review proceedings to set aside irregular awards, and damages claims arising from unlawful exclusion from a procurement process.
No. De Klerk Turner Inc. acts as attorneys in insolvency proceedings — bringing and opposing liquidation and business rescue applications for creditors, shareholders, directors and other affected parties in the High Court. The firm does not accept appointments as liquidator or business rescue practitioner.
