GDLK Attorneys
Justice . Equality . Trust
The #1 Leading Law Firm in Kloof and the Upper Highway Area
Expert Legal Advice
Geyser Du Toit Louw & Kitching Pinetown Incorporated is a specialised and dynamic KwaZulu-Natal Law Firm that operates from 1 Old Main Road, Kloof.
Over the years, GDLK has established itself as a leading Law Firm, not only in the Highway area, but also in KwaZulu-Natal and is known for consistently performing to our clients’ expectations and offering our corporate and private clients expert legal advice, together with the ability to turn the advice into success in Court.
GDLK has a staff contingent of eighteen people, comprising of a Managing Director, two Attorneys, one Candidate Attorney and a number of paralegals with vast experience in their fields, bookkeepers and messengers.
ANDRE KITCHING
Andre is the Managing Director of GDLK Attorneys and has over 29 years experience in practising law.
After graduating from the University of Pretoria in 1984 on completion of his B.Proc degree as it was then known and thereafter a DIP in Company Law, Andre was admitted as an attorney of the High Court of South Africa in 1989. Andre has been a practicing director of GDLK Attorneys since its inception in 1994.
Andre’s flair is for the commercial and business aspects of law, and he has vast experience in the fields of insolvency, liquidations, business rescues and turnarounds, compromises with creditors, commercial contacts and property transactions. In addition, Andre handles a number of matters on behalf of ABSA Bank and Building Credit Management, specifically liquidations, sequestrations, foreclosure and recovery matters. He is an accomplished attorney in the truest sense of the word.
Andre sits on a number of Boards who benefit from his wisdom.
JASON KITCHING
Jason graduated with an LL.B degree from the University of Pretoria in 2017 and joined GDLK attorneys as a Candidate Attorney in 2018. He was admitted as an attorney of the High Court of South Africa in February 2020.
Jason currently runs the Sectional Titles and Collections Departments. He also Heads up the Magistrates Court Litigation Department.
Jason also has experience in High Court Litigation and was on the ABSA Bank Private structured Home loans Panel for 3 years dealing with Home Loan Collections. Jason also has knowledge and experience in Deceased Estates and drafting of Wills.
Our Legal Team is Ready to Assist
GDLK Attorneys Practices
The property Law Department of GDLK is dynamic and as is evident from GDLK being on the major banking panels, the level of service is of the highest standard. Our property Law Department is overseen by Andre Kitching, together with three highly experienced conveyancing paralegals.
As a Bank panel Attorney, we have invested in state of the art information technology which allows our Conveyancing Department to achieve excellent turnaround times and to promote fast and efficient service delivery to all our clients.
As transfers normally emanate from deceased estates, our Conveyancing Department also oversees our deceased Estates Department, which Department deals with estates from Estate Planning, to preparing Wills and the administration of deceased estates.
The firm has a highly competent and friendly conveyancing department which can handle all clients’ needs for property transfers, mortgages, sectional title schemes, structuring advice so as to ensure the optimum cash flow to developers and sellers alike.
In addition, the department can structure agreements ranging from the sale of a dwelling, the sale of units in a development and more complex agreements relating to vatable transactions and going concerns.
The transfer costs are based on a transaction upon which transfer duty is payable. If the transaction is vatable or zero rated then one must deduct the transfer duty element for a more accurate estimate.
The conveyancing team attend to sales, administration, management and development of property transactions throughout the country.
Services are provided for all types of property-related agreements and litigation, such as residential, commercial and agricultural transactions, transfers, mortgage bonds and sectional title schemes.
Contact Andre for assistance.
This department focuses on the drafting of agreements and providing legal advice and opinion on a wide range of contractual matters. Commercial contracts include shareholders and association agreements, purchase and sale agreements, lease agreements, sale of shares, contract agreements, partnership agreements and more. We cover all areas of law, including:
• Banking and Finance
• Commercial and Corporate
• Construction
• Insolvency
• Notarial
• Petroleum and Energy
• Property
• Security
• Servitudes
• Trusts and Wills
Contact Andre for assistance.
Commercial & Corporate Law
This is the branch of law which regulates the commercial, legal and other relationships between parties (especially businesses) in the corporate environment. It includes the drafting of commercial agreements to record the transactions thereof as well as any litigation which may follow should any dispute arise there from.
These disputes normally take the form of a breach of contract in one or other form for example restraint of trade, non-compete, trademark, copyright and patent infringements.
We offer expert advice on a wide range of commercial activities, including:
• Company and Trust formation
• Franchising
• International agreements
• Joint Venture agreements
• Public Private Partnerships
• Restructures and mergers
• Structured finance
In collaboration with specialist partners, we also attend to Intellectual Property matters, which include the registration of Patents and Trademarks.
Contact Andre for assistance.
Insolvency
Our insolvency department is lead by our managing director, Andre. Andre deals with all aspects relating to insolvency (liquidations and sequestrations).
Andre’s team members have a high level of skill, providing expertise and common sense to obtain the best result possible for Opposed Insolvencies, Schemes of Arrangement, Compromise and Composition, Rehabilitation, Resolution, Requisitions for Appointment for Trustee or Liquidator, Surrenders of Estate and more.
Contact Andre for assistance.
Debt Collection
Our Paralegal, Mala Lochan, has over 20 years experience in the debt recovery field. She offers professional investigation, collections, litigation and post-judgment recovery services for small and medium-sized companies, including schools. Jason Kitching overseas and assists her in the Litigating process herein.
As a Bank panel attorney GDLK has built up a reputation as one of the most successful debt collecting practices in KZN. As the preferred attorney on the Building Credit Management panel, our firm has been instrumental in providing quality advice and quality legal services to companies in the building industry which includes, but are not limited to, Buco, Incledon, Plumblink, Build-It, Metier Concrete products, AKR Concrete Products and Aurecon Consulting Engineers.
GDLK is also the preferred attorneys for Infinite Property Management who is one of the leading management agents of Sectional Title units in KZN and Jason Kitching heads up the Department that consults, advises and deals with matters arising out of Sectional Title disputes.
Our debt collections department offers professional investigation, collections, litigation and recovery services.
In the current economic climate, we are aware that debt is not always recoverable, however, we try and assist our clients to make an informed decision by providing clients with an in-depth investigation and report pertaining to the debtor, to illustrate the financial viability of recovery.
We always try and ensure that our clients do not throw good money after bad.
Contact Jason for assistance.
The following is a brief description of the procedures in the High and Magistrate’s Court as well as a description for the required documentation and information
A Letter of Demand or Section 129 letter in terms of NCA (where applicable) must be sent via registered post to the Debtor, containing the following information:
- The outstanding amount with interest that is due;
- The time period in which the outstanding amount with interest that should be paid in full;
- If the NCA is applicable, the Debtor must be afforded the opportunity to refer the matter to a Debt Counselor, Dispute Resolution Agent, Consumer Court or Ombud with jurisdiction, with the intent to resolve the dispute under the credit agreement and agree to a plan to bring payments up to date; and
- Should payment not be affected within 10 (ten) days after receipt of the Letter of Demand, the Creditor may proceed with formal legal action against the Debtor;
- Should payment not be effected within 20 (twenty) days after receipt of the Letter of Demand, the Creditor may proceed to list the Debtor at the relevant Credit Bureaus;
If no response is received after the 10 (ten) day period, Summons will be issued and served on either the domicilium address or personally on the Debtor.
TAKE NOTE: The domicilium address is the address as contained in the agreement between the Creditor and Debtor wherein it is agreed that service of all legal notices and pleading can be served on that given address.
After the summons was served on the Debtor in terms of the rules of the relevant court, the Debtor is afforded 10 (ten) court days to serve and file its Notice of Intention to Defend;
- Should the Debtor fail to serve and file its Notice of Intention to Defend within the 10 (ten) court days, we will proceed to apply for Judgment by Default;
- Upon receipt of the Judgement by Default, we can proceed with the Warrant of Execution against the Debtor’s movable assets and instruct a Sheriff to see to the attachment of the Debtor’s assets;
- Should the Debtor serve and file its Notice of Intention to Defend within the 10 (ten) court days, we can within 15 (fifteen) court days after receipt of the aforesaid notice, lodge an Application for Summary Judgement. Summary Judgment is a further step in law available to the Creditor (Plaintiff) to show the court that the Debtor (Defendant) only served its Notice of Intention to Defend to stay court proceedings without a reasonable defence. The Judge (High Court) or Magistrate (Magistrate’s Court) hears the argument(s) by both representatives and then makes a decision on the facts. In the instance where Summary Judgment is granted, the Debtor (Defendant) defence is struck out and judgment is awarded for the amount as set out in the summons.
- In the instance where Summary Judgement is not granted, the Debtor (Defendant) is afforded the opportunity to deliver its Plea (and Counter Claim if applicable) within 20 (twenty) court days and the matter is prepared for trail purposes;
Contact Jason for assistance.
Litigation
The firm has an extremely competent litigation department and can represent you in all forms of commercial litigation, insurance law, bank law, matrimonial disputes, family law and construction law.
Civil litigation is distinguished from criminal litigation in that none of the parties are prosecuted for an alleged crime. The parties to civil litigation are normally involved in a dispute and approaches the court for a finding in their favour.
In the event that a party wishes to pursue a cause of action, be it a claim for damages (monies), enforcement of terms of a contract or otherwise, such party can approach a court for relief by either launching an application (application proceedings) or issuing summons (action proceedings).
In application proceedings the parties are referred to as either an applicant or a respondent. The matter is in general strictly decided on affidavits filed by the various parties to the dispute and the parties therefore does not, unless exceptional circumstances allow for it, testify in person.
This differs from action proceedings wherein summons is issued by one party against one or more other parties. The parties to action proceedings are referred to as a plaintiff or a defendant. In action proceedings the parties must present evidence via testimony by themselves or other witnesses.
Contact Jason for assistance.
Wills, Trusts & Estate Planning
At GDLK we will manage the administration of an estate professionally, sensitively and efficiently to enable the family to move on with their lives.
Our estates attorneys will remove the burden of the estate administration from you and you will be kept informed of what processes are taking place and what to expect in the future.
The time required to wind up an estate will differ according to the assets and liabilities involved in the estate.
Our trusts department are able to assist you by providing you with practical trust advice. A trust deed is the initiating document to the formation of a trust. In essence, it is a contractual arrangement between a Founder and the Trustees, in terms of which the assets of the trust are placed under the administration and control of the Trustees for the benefit of the beneficiaries.
Contact Jason for assistance.
Family Law
Our family law department dedicates itself to discreet, efficient and streamlined assistance in the following areas:
- Contested divorces;
- Uncontested divorces;
- Parental responsibilities and rights (“custody”,” access” and “maintenance”) disputes;
- Mediation;
- Parenting plans; and
- Domestic violence interdicts.
We are aware and sensitive to the fact that all of the above listed disputes are stressful by its very nature. We therefore strive to keep abreast of new developments in case law and amendments to relevant legislation. The aforesaid has caused us to streamline our approach, to enable us to provide practical assistance at very cost effective rates.
Contact Jason for assistance.
Our Clients
