Our Services

Sound commercial legal advice is the foundation of sustainable business. From the structuring of transactions to the management of ongoing commercial relationships, businesses require clear and enforceable legal frameworks.

We advise on commercial agreements, joint ventures, shareholders agreements, distribution and agency arrangements, supply chain contracts, mergers, acquisitions and corporate restructurings. Our approach is practical and commercially focused, ensuring legal arrangements are aligned with business objectives and operational realities.

We advise clients on the full spectrum of commercial property matters, including sale agreements, lease agreements and development contracts. We conduct property due diligence, advise on sectional title and land use matters, and assist with regulatory approvals for commercial developments. We also advise on property aspects of corporate transactions, financing arrangements and public-private partnerships.

We advise private sector clients and public entities on all aspects of government contracting and procurement, including structuring and negotiating public-private partnerships, drafting and reviewing government contracts, and managing procurement disputes. We assist clients with tender processes, B-BBEE and preferential procurement compliance, procurement review proceedings, and anti-corruption obligations under applicable legislation.

The Regulatory Audit/Evaluation conducted by an Independent Law Firm addresses risks arising from non-compliance with Legislation, Regulation, Licences and Regulatory consents, and provides internal and external assurance on this crucial matter.

• Draft submissions and engage Regulators, Government Departments and Parliament on the impact of regulatory frameworks.
• Interpret regulatory frameworks and create strategic plans aligning organisational strategy with regulatory requirements.
• Develop the legislative universe applicable to specific organisations, and draft policies, processes, controls and toolkits.
• Conduct regulatory audits to assess compliance risk and suggest remedial measures.

We interpret the requirements of the legislative framework and create toolkits, controls and checklists to ensure compliance. We provide advice on the impact of this legislation in contracts and transactions, including cross-border contracts and transactions. We also draft governance frameworks, board committee terms of reference, and conduct training for board members and leadership.

We provide comprehensive legal and strategic advice on B-BBEE compliance, including the structuring of ownership transactions, management and control arrangements, enterprise and supplier development programmes and skills development initiatives. We interpret applicable codes and sector-specific charters and assist businesses in developing commercially sound, legally compliant B-BBEE strategies. We also advise on legal risks and obligations arising from B-BBEE verification and reporting processes.

AI has become a significant introduction into business and impacts most sectors. The South Africa Department of Communications and Digital Technologies released an Artificial Intelligence Policy Framework in August 2024, which will form the basis of forthcoming legislation.

RSS Inc. provides advice on the legal and regulatory impact of AI on your business, including product development alignment with FICA, POPIA and Consumer Protection Law. Key regulatory issues include: prescribed AI governance, identification of AI-generated products, liability for AI-induced harms, protection of information and privacy, intellectual property ownership of AI, and the impact of AI on anti-money laundering controls.

Our team has extensive knowledge of the operations, regulatory requirements and legal risks across these converging sectors. Services include: commercial contracts on procurement, development and implementation; negotiation of licensing terms with regulators and service providers; drafting and interpreting rules between service providers and/or regulators; submissions to regulatory authorities, executive and parliament on legislative matters; and advice on regulatory requirements for product and service development.

Information is the most valued commodity in most sectors. The Protection of Personal Information Act (POPIA) introduces a framework protecting information dissemination and use. Our services include: aligning international privacy frameworks with local legislation; advising on data processing requirements; drafting and vetting policies and contracts; advising on the impact of privacy law on transactions; creating compliance toolkits and controls; job specifications for information officers; and training across all levels of the business.

We advise fintech companies, digital lenders, payment platform operators, cryptocurrency and digital asset businesses and embedded finance providers on licensing requirements, FICA compliance, the National Credit Act, PASA frameworks and the evolving regulatory landscape for crypto assets. We assist clients in structuring innovative products to satisfy regulatory requirements, drafting commercial arrangements between platform participants, and engaging with regulators on novel business models and sandbox applications.

The Financial Sector Regulation Act 9 of 2017 introduces the twin peaks model which separates Conduct and Prudential Regulation. We have experience drafting the regulatory framework and implementing it in the financial sector. The Conduct Regulatory Framework has to be embedded in products, services and the culture of financial service providers. We advise on licensing, authorisation, and ongoing conduct of business obligations, assisting banks, insurers and intermediaries in building operationally embedded and commercially sound compliance frameworks.

We advise financial institutions, fintech companies, payment service providers and other financial sector participants on licensing and registration requirements, conduct of business obligations, NCA and FICA compliance, and engagement with the Prudential Authority and FSCA. We assist clients in navigating regulatory change, managing supervisory relationships and structuring products and services in a manner that is compliant and commercially viable.

Investigations will be conducted by experienced attorneys, specialised forensic experts, forensic accountants and IT/cyber security experts as required. The procurement of an Attorney ensures that clients benefit from full professional legal privilege — the right to confidentiality of all communications between a client and their legal adviser. Civil and criminal proceedings can also be initiated by the firm on instruction of clients following investigation completion.

Our team also identifies and suggests remedial measures to mitigate financial, reputational and legal risk once investigation findings are confirmed.

Our team offers mediation, negotiation and other ADR processes tailored to the nature and complexity of the dispute. We represent and advise clients across sectors in structured ADR proceedings, helping parties reach durable and commercially sound outcomes. We also draft ADR clauses for inclusion in commercial contracts to ensure disputes are managed efficiently from the outset.

We advise and represent clients in domestic and international arbitration proceedings across financial services, technology, mining and construction. Our team navigates the procedural and substantive legal requirements of arbitration, drafts arbitration agreements, and manages the enforcement of arbitral awards. We work with specialist arbitrators and institutions to ensure proceedings are conducted efficiently and in the interests of our clients.

Effective governance frameworks ensure mandatory legislative compliance and provide necessary oversight, accountability and strategic guidance. Our services include: drafting governance frameworks aligned to legal requirements and operational needs; drafting Board Committee Terms of Reference; training Board Members on governance and regulatory frameworks; and crafting Annual Report content that meets legislative requirements and showcases the organisation competitively.

Our services include: drafting internal policies compliant with all Employment Law frameworks; providing legislative advice; alternate dispute resolution of workplace conflicts; adjudicating disciplinary hearings; training on all aspects of Employment and Pension Law; and acting on behalf of employers and employees in disciplinary hearings and subsequent litigation.

Our services include: legal and regulatory advice on Environmental Law requirements; managing the acquisition of permissions with regulatory authorities; conducting due diligence on environmental law compliance; training on all aspects of Environmental Law; and drafting Sustainability Plans that align business strategy and operations with good sustainable practice.

The mining sector is highly regulated. Our services include: compiling regulatory universes setting out applicable legislation; training on all legislative and regulatory aspects; drafting policies and standard operating procedures; drafting commercial contracts; and conducting investigations and chairing disciplinary matters. Adequate consideration and measures including checklists, compliance toolkits, controls and remedial measures need to be implemented to mitigate risks.