# Beder-Friedland Inc

> Boutique High Court litigation practice in Sandton, Johannesburg, South Africa, founded in 1949, acting for South African and international clients in commercial litigation, insolvency, public procurement, white-collar crime, and enforcement of foreign judgments and arbitral awards. Director: Steve Friedland.

## Firm
- Name: Beder-Friedland Inc (Reg. No. 90/006039/21), attorneys
- Founded: 1949
- Address: 204 Alteryn, 6 Corlett Drive, Illovo, Sandton, Johannesburg 2196, South Africa
- Telephone: +27 82 603 9640
- Office hours: Monday to Friday, 08:00 to 17:00 SAST (UTC+2). Calls outside these hours by appointment.
- Email: on the website's contact section (https://www.bederfriedland.co.za/#contact)

## Steve Friedland
- Role: Director, Beder-Friedland Inc
- Admission: Attorney of the High Court of South Africa, with a right of appearance in the superior courts (Legal Practice Act 28 of 2014)
- Courts: Gauteng, Western Cape and other divisions of the High Court; arbitration tribunals throughout South Africa
Steve Friedland is a South African litigation attorney and the director of Beder-Friedland Inc, a boutique High Court litigation practice in Sandton, Johannesburg, established in 1949.
He runs each matter himself. He drafts and argues his own commercial, constitutional and criminal matters, including urgent applications, Anton Piller and preservation orders, and opposed motions, appears personally in court, and works with counsel and correspondent firms across South Africa.

## High Court and arbitration litigation
We litigate in High Court and arbitration matters, generally with an emphasis on application proceedings, for South African clients and for foreign companies, investors, insurers, law firms and individuals whose dispute is in South Africa.
Our main areas of litigation focus are commercial, delictual / tort, white collar type crime, and public procurement.
- Commercial: Contract and shareholder disputes; Sequestration / Insolvency / Enquiries; Liquidation / Winding Up / Enquiries; Voidable and undue preferences; Lease / Lien / Landlord hypothec; Interdictory relief; Spoliatory relief; Urgent applications; Summary judgment; Matrimonial; Setting aside of commercial agreements, search and seizure documents, subpoenas; Property related relief; Anton Piller type applications / Supervising Attorney; Restraint of trade; Deceased estate and trust related relief; Copyright, brand name and patent infringements; Anti-dissipation / Mareva type interdictory relief; Freezing of bank accounts
- White collar type crime: Fraud; Corruption; Money laundering; SARS, income tax and customs related; Statutory: firearm and related crimes; Setting aside of police issued search and seizure warrants, arrest warrants and subpoenas
- Delictual / Tort: Defamation; Unlawful arrest, detention and malicious prosecution; Unlawful interference with business interests
- Public procurement and administrative law: Reviews of tender awards and state decisions; Rule 53 records; Contractual claims against organs of state

### For international clients
We explain the South African procedure in plain terms, give you a costed plan at the start, and report to you in writing at each stage. Instructions are taken in English, by email and video call, from any time zone.
- Suing or defending in South Africa: Actions and applications in the High Court, including urgent applications, where a foreign party is the claimant or the defendant.
- Security for costs and jurisdiction: Advice on the security a foreign claimant may be required to provide, and on attaching a foreign defendant's South African assets to found or confirm the court's jurisdiction.
- Enforcing judgments and awards: Recognition and enforcement in South Africa of foreign court judgments and arbitral awards, and execution against South African assets.
- Assets, insolvency and fraud: Freezing, preservation and Anton Piller orders, often brought urgently and without notice; claims against an insolvent South African counterparty, including recovering dispositions made before liquidation; and civil recovery after fraud, with parallel advice where a criminal investigation, a tax inquiry or a customs matter is involved.

### Where we have worked outside South Africa
- Richmond, Virginia; Tampa, Florida; Chicago, Cook County; Mauritius (arbitration); England; Frankfurt; Munich; The Netherlands
Where proceedings take place outside South Africa, we work with corresponding attorneys admitted in that jurisdiction.

### How an international matter runs
1. First call. A video or telephone consultation to understand the dispute and the documents. We check for conflicts before you send us confidential information.
2. Written assessment. A short note on your options under South African law, the likely route, timing, and an estimate of fees and disbursements.
3. Instruction and onboarding. Engagement letter and identity verification, completed electronically. Funds are paid into our trust account, and bank details are confirmed in writing and thereafter by telephone prior to payment.
4. Conduct of the matter. We draft, issue and argue the matter, brief counsel where that serves you, and use correspondent attorneys in other divisions where needed.

## Commercial agreements
- Registration of companies
- Registration of trusts
- Drafting of wills
- Deceased estate related issues
- Lease agreements
- Sale / purchase of property agreements
- Sale / purchase of businesses
- Franchise agreements
- Distributorship agreements
- General company agreements

## Commissions of enquiry
- We set up the SARFU Rugby related Commission on behalf of the ex SARFU President
- We successfully represented one of the key players in the initial Arms related Commission of Enquiry

## Frequently asked questions
- Q: Can a foreign company or individual sue in a South African court? A: Yes. A foreign claimant can bring proceedings in the High Court where the court has jurisdiction over the defendant or the dispute. The defendant may ask the court to order the claimant to provide security for its legal costs, and we advise on this at the outset.
- Q: Can I enforce a foreign judgment or arbitral award in South Africa? A: Generally, yes. A foreign money judgment or an arbitral award must first be recognised by a South African court before it can be executed against assets here. The requirements depend on where and how the judgment or award was obtained.
- Q: Do I need to travel to South Africa? A: Usually not. Most litigation in South Africa is conducted on affidavit, and documents can be signed before a notary or commissioner where you are. If oral evidence is needed at a trial, it may sometimes be given by video link with the court's permission.
- Q: How quickly can assets be frozen? A: Where there is a real risk that assets will be dissipated or evidence destroyed, an urgent application can be brought within days, and in appropriate cases without notice to the other party.
- Q: How are fees charged? A: We work on an agreed hourly rate or an agreed estimate for each stage, set out in an engagement letter before work starts. Counsel's fees and court costs are disbursements, which we estimate in advance.

## PAIA manual
- [Beder-Friedland Attorneys Inc PAIA Sec 51 Manual](https://www.bederfriedland.co.za/judgements/PAIA_Sec_51_Manual.docx)

## Published judgments (41)
- [JPS Nominees v Binstock](https://www.bederfriedland.co.za/judgements/JPS_Nominees_v_Binstock.pdf) (Cross-border, Insolvency): Sequestration sought against Israeli citizens; referred to trial on whether they had consented to the court's jurisdiction.
- [Turner v Turner](https://www.bederfriedland.co.za/judgements/IAIN_Turner_Judgement.pdf) (Family, First of its kind): A father's application to set aside an adoption order six years after it was granted, outside the two-year statutory period.
- [Merchant West v Sizwe](https://www.bederfriedland.co.za/judgements/Merchant_West_v_Sizwe.pdf) (Anton Piller): Reconsideration of a search-and-seizure order, in which the firm acted as supervising attorneys; the order was set aside because its search terms were too broad.
- [ACSA v Tswelokgotso](https://www.bederfriedland.co.za/judgements/Judgement_Tswelokgotso_Trading_And_Airports_Co.pdf) (Procurement, Legality review): A state-owned company's attempt to review its own tender award was dismissed with costs.
- [Zethu Consulting v Ekurhuleni Metropolitan Municipality](https://www.bederfriedland.co.za/judgements/Zethu_v_Ekurhuleni.pdf.pdf) (Procurement, Municipal): A claim under a flawed municipal tender; the agreement was set aside on a legality review and a partial refund ordered.
- [Nonyane N.O. v Kotzen](https://www.bederfriedland.co.za/judgements/Judgement_Nonwayne_Kotzen.pdf) (Insolvency, s 341): The interpretation of section 341 of the Companies Act on share disposals during provisional liquidation.
- [FNB v Cooper](https://www.bederfriedland.co.za/judgements/FNB_v_Cooper.pdf) (Insolvency, Search order): A search order under the Insolvency Act and the powers of a trustee.
- [Extel and Crown Mills](https://www.bederfriedland.co.za/judgements/Extel_And_Crown_Mills_Judgement.pdf) (Commercial, Bribery): A commercial claim that failed because it rested on a bribe.
- [Liberty Life and Katsapas](https://www.bederfriedland.co.za/judgements/Liberty_Life_and_Katsapas_Judgment.pdf) (Defamation, Interdict): An application to restrain a third party from defaming a company.
- [Dissilio v Nedbank](https://www.bederfriedland.co.za/judgements/Dissilo_v_Nedbank.pdf) (Banking, Trial): A trial on the interpretation of banking documents in which the plaintiff recovered a breakage fee.
- [Wheels Auto v SSTD](https://www.bederfriedland.co.za/judgements/Wheels_Auto_v_SSTD.pdf) (Spoliation): Possession of a factory restored after a landlord resorted to self-help.
- [Lee v Chelston Hall Body Corporate](https://www.bederfriedland.co.za/judgements/Lee_v_Chelston_Hall_secuirty_of_costs_and_Judges_discretion.pdf) (Security for costs): The court exercised its discretion to refuse an application for security for costs.
- [AST v Ecotech](https://www.bederfriedland.co.za/judgements/AST_v_Ecotech.pdf) (Insolvency, Winding-up): An application to wind up a close corporation, successfully opposed because the applicant was neither a shareholder, director nor creditor.
- [Van Niekerk v Van Niekerk](https://www.bederfriedland.co.za/judgements/Van_Niekerk_v_Sweepa_et_al.pdf) (Anton Piller, Appeal): A father-and-son business dispute (Sweepa) that led to an Anton Piller order for the search, seizure and preservation of evidence.
- [Bock v Duburoro Investments](https://www.bederfriedland.co.za/judgements/Bock_et_al_ats_Dubororo.pdf) (Suretyship, Appeal): The firm represented one of the parties in an appeal about the release of sureties and giving effect to an execution against pledged shares.
- [TMS Steel v Wessel & Watson Steel](https://www.bederfriedland.co.za/judgements/TMT_v_Wessel_and_Watson.pdf) (Contract): Interpreting a sale agreement to give it business efficacy.
- [SweeCo v Erdmann and others](https://www.bederfriedland.co.za/judgements/SweeCo_and_2_Others_vs_Erdmann_and_8_Others_Judgement.pdf) (Commercial, Ownership): A dispute over the ownership of certain moulds.
- [SweeCo v Max Erdmann](https://www.bederfriedland.co.za/judgements/SweeCo_and_Max_Erdmann_Judgment.pdf) (Anton Piller): An Anton Piller application to search for and seize moulds, to found a claim for damages.
- [Benson & Hedges v B & H Photo & Video](https://www.bederfriedland.co.za/judgements/Bension_and_Hedges.RTF) (Trade marks, Unlawful competition): A large company's trade mark infringement and unlawful competition application to stop a small trader from using its name was dismissed.
- [Blumenthal v City of Johannesburg](https://www.bederfriedland.co.za/judgements/Blumenthal_v_CoJ.pdf) (Rescission, Municipal): The City of Johannesburg applied to rescind a default judgment it had allowed to be taken against it.
- [Quits Aviation v Empiric Engineering](https://www.bederfriedland.co.za/judgements/Quits_v_Empiric.pdf) (Cross-border, Contempt): The third of three judgments. After an attachment to found jurisdiction over an overseas company was set aside, committal for contempt was refused, but the court ordered the goods returned because no case was pending any longer.
- [Empiric Engineering v Quits Aviation](https://www.bederfriedland.co.za/judgements/Empiric_Judgement.pdf) (Cross-border, Attachment): The second of three judgments: an order attaching goods to found jurisdiction was reconsidered and set aside for incomplete disclosure.
- [Tswelokgotso v ACSA](https://www.bederfriedland.co.za/judgements/Tswelokgotso_v_ACSA.pdf) (Procurement, Contempt): Contempt proceedings against ACSA over a tender at O.R. Tambo International Airport; a postponement to join a third party was refused.
- [Tswelokgotso v ACSA (appeal)](https://www.bederfriedland.co.za/judgements/TTE_v_ACSA_Appeal_Judgement.pdf) (Contempt, Appeal): On appeal in a contempt application, the court found that by amending its papers the applicant could no longer seek a jail sentence.
- [Overrox v Pan African Shopfitters](https://www.bederfriedland.co.za/judgements/PAS_v_Overrox.pdf) (Commercial, Bribery): A demurrage claim failed for lack of documents and because it rested on a “facilitation fee” that was a bribe; the court relied on the Extel judgment, where the firm had been on the losing side.
- [Acar v Pierce](https://www.bederfriedland.co.za/judgements/Acar_v_Pierce.pdf) (Insolvency, Matrimonial property): Applications heard together on spouses married in community of property when a sequestration order is sought.
- [Botha v Van Niekerk](https://www.bederfriedland.co.za/judgements/Botha_v_Van_Niekerk.pdf) (Property, Corporate veil): The sale of a property in which the purchaser nominated a third party as purchaser, and when a court will lift the corporate veil.
- [Cooke v Thermo Facade](https://www.bederfriedland.co.za/judgements/Cooke_v_Thermo_Facade.pdf) (Exception, Pleadings): An exception that the summons was vague and embarrassing was dismissed.
- [Alpine Ecotech v Capital Acceptances](https://www.bederfriedland.co.za/judgements/Alpine_Echotech_v_Capital_Acceptances.pdf) (Attachment, Dispute of fact): An application for the return of equipment attached by a third party failed on a dispute of fact about ownership.
- [Maragela v LSC Civils](https://www.bederfriedland.co.za/judgements/SC_Civils_Judgement_Mashile_J.pdf) (Execution, Appeal): After a default judgment and a lapsed appeal, the defendant's urgent application to stay and set aside the execution was dismissed.
- [Tensile v Rema](https://www.bederfriedland.co.za/judgements/Tensile_v_Rema.pdf) (Insolvency, Winding-up): An opposed winding-up application that was granted.
- [Tshepang v Mokgolokwane](https://www.bederfriedland.co.za/judgements/Tshepang_v_Mokgolokwane_winding_up.pdf) (Insolvency, Liquidation): An opposed liquidation application in which a provisional liquidation order was granted, after an earlier round failed for lack of urgency.
- [Fellinger v Cox](https://www.bederfriedland.co.za/judgements/Fellinger_v_Cox_et_al.pdf) (Property, Eviction): An opposed eviction application in which the applicant obtained the order sought.
- [ACSA v Tswelokgotso (amendment)](https://www.bederfriedland.co.za/judgements/ACSA_Amendment_Judgement.pdf) (Amendment, Prescription): An opposed application by ACSA to amend its particulars of claim, resisted on prescription and related grounds.
- [PHPM v Roussous](https://www.bederfriedland.co.za/judgements/PHPM_Roussous_Opposed_SJ.pdf) (Summary judgment, Property): An opposed summary judgment based on the PROCSA agreement, in which the defendant was granted leave to defend.
- [Honeysilk v 360 ABL](https://www.bederfriedland.co.za/judgements/Honey_Silk_v_360_ABL.pdf) (Jurisdiction, Appeal): An appeal on jurisdiction, one of a series of cases between the same parties.
- [Sparta Pharmaceuticals v DB Fine](https://www.bederfriedland.co.za/judgements/JUDGMENT_CN_2022-26447_-_05_OCTOBER_2023_-_SCHOLTZ_AJ.pdf) (Summary judgment): Summary judgment under the amended rules, which require the plaintiff to engage with the defendant's plea.
- [Symes N.O. v De Vries Attorneys](https://www.bederfriedland.co.za/judgements/F-07jul2023symesjdgmt.pdf) (Insolvency, s 341): Liquidators sought repayment under section 341(2) of the Companies Act of money an attorney received between the launch of the liquidation application and provisional liquidation, where the court has a discretion. Leave to appeal to the Supreme Court of Appeal was granted, and the appeal was later settled.
- [Vonopartis v Dharamraj](https://www.bederfriedland.co.za/judgements/Vonopartis_v_Dharamraj.pdf) (Contract, Arbitration clause): A claim on a breached share sale agreement; the arbitration clause did not apply because the claim was for a liquidated amount and there was no real dispute.
- [UTE v Skynet](https://www.bederfriedland.co.za/judgements/UTE_v_Skynet.pdf) (Contract, Trial): A trial in which the plaintiff was granted specific performance despite the argument that its pleadings did not match the evidence.
- [Heads Tractor v Tswelokgotso](https://www.bederfriedland.co.za/judgements/Heads_Tractor_v_TTE_Case.pdf) (Trial, Acknowledgment of debt): A trial on a money claim under a disputed acknowledgment of debt, with a counterclaim for the return of a tractor; the plaintiff succeeded, and leave to appeal was later granted.

## Key pages
- [Home and firm overview](https://www.bederfriedland.co.za/)
- [Steve Friedland](https://www.bederfriedland.co.za/#steve-friedland)
- [Practice](https://www.bederfriedland.co.za/#practice)
- [Judgments](https://www.bederfriedland.co.za/#judgments)
- [Contact](https://www.bederfriedland.co.za/#contact)