MMB Attorneys | Prokureurs

At MMB Attorneys, our client is our top priority.

Mariska Botha comes from Durbanville, Cape Town, and obtained her Bachelor of Law from the University of South Africa in 2016 whereafter she began her articles at Boshoff Njokweni Inc. She was admitted as an attorney in 2018.

Mariska is a member of the Legal Practitioner’s Councils, Western Cape with right of appearance in the High Court of the Western Cape.

Mariska’s current specialities include:

Personal injury claims such as motor vehicle accident claims, medical malpractice, police and correctional services claims, unlawful arrest and detention, slip and fall incidents caused at shops and malls and other personal injury claims against a person, a company or the state,
Family law including anti- and post nuptial agreements, civil unions and cohabitation agreements, divorce matters, custody, maintenance, care and contact towards minors, protection orders and general family law advice
debt collections - all aspects of debt recovery, formal court processes and execution.
Property law, including sale and lease contracts, transfer of property, registration and cancellation of mortgage bonds,
All civil matters that require litigation in the High Court, Regional Court or Magistrate's Court
Family law mediations

She’s determined to assist all her clients with empathy and integrity to secure the best outcome for each matter.

mariska@mmbattorneys.co.za | 074 675 4755

stephan@mmbattorneys.co.za | 083 225 2220

Stephan Nel comes from Stellenbosch, Cape Town, and obtained his Bachelor of Law from the University of South Africa in 2017. He completed his articles with Christie Fourie Inc. whereafter he was admitted as an attorney in 2020.

Stephan is a member of the Legal Practitioner’s Council, Western Cape and specializes in:

Wills and Estates, including estate planning, estate administration of solvent and insolvent estates, and drafting of last Wills or Testaments;
Family law, including antenuptial agreements, maintenance matters, protection orders, general family court processes and appearances, and divorce proceedings;
Property law, including sale and lease contracts, transfer of property, registration and cancellation of mortgage bonds,
General civil litigation;
Collections, including negotiations and formal court processes;
Damage to property claims.

Property Law

Buying or selling property is a big financial decision. The law requires that any agreement regarding the sale of a property must be reduced to writing (in a contract) and signed by the seller(s) and the buyer(s).

You could request the assistance of an estate agent to buy or sell property. You can also request our assistance to privately buy and sell property, without the assistance of an estate agent.

We provide a variety of professional property services, which include:

Assisting with private selling and purchasing of property
Negotiating and drafting agreements relating to the sale and lease of residential, commercial, industrial & agricultural properties
Property transfers
Registration and cancellation of all types of bonds
Miscellaneous applications, consents and endorsements required in the conveyancing process
Registration of all types of servitudes
Subdivision and consolidation of properties
Property development structures
Land rights
Property due diligence
Deeds Office searches
Obtaining rates clearance certificates from the municipality
Obtaining transfer duty receipt or exemption from SARS in respect of transfer duty, depending on the purchase price
Ensuring that the relevant mandatory certificates from an electrician, plumber and for the beetle inspection are received timeously
Liaising and attending to the registration of a new bond or cancellation of the existing bond over the property

Personal Injury Claims

Have you or someone close to you recently been involved in a motor vehicle accident? The worst could have happened and serious injuries might have been sustained.

We can investigate whether you could sue for compensation, either from the government or a third party involved in the accident.

We work on a “No win, No Fee” basis.

Our expert legal services regarding personal injury include counsel, the processing of claims and handling of matters related to:

Motor vehicle and/or road accident claims in accordance with the Road Accident Fund Act 56 of 1996
Medical malpractice claims, medical negligence claims, nursing home abuse
Slip and fall claims, premises liability
Metrorail, PRASA or train accident claims
Dog bite and animal attack claims
Lift and gate or door malfunction claims
Police assault claims, police misconduct and wrongful arrest and detention claims
Claims against municipalities, including City of Cape Town, State and/or Government

Family Law

We handle all our family law matters with the utmost sensitivity and care.

We provide professional advice relating to all aspects of family law, including the enforcement and protection of rights in:

Antenuptial contracts, pre-nuptial contracts and prenups, change of matrimonial property regimes
Civil Unions, gay rights / same sex rights
Divorce Agreement Guidelines in accordance with the Divorce Act 70 of 1979: Uncontested Divorce, Mediated Divorce, Contested Divorce
Maintenance payments to be made to a spouse or for children
Guardianship, custody and access to children, parenting plans
The division of assets including the home
Arrangements regarding medical aid and retirement plans and other relevant matters
Children’s rights, care and contact, custody including primary residence / shared residence regimes, contact rights of non-resident parents, guardianship and major decision-making
Spousal maintenance, child maintenance in accordance with the Maintenance Act 99 of 1998 and the Children’s Act 38 of 2005, maintenance application, variations of maintenance agreements
Applications regarding parental rights and responsibilities, applications for interim support and/or contact arrangements pending a divorce, Rule 43 applications in the High Court and Rule 58 of the Magistrate’s Court for interim relief
Applications for the recognition of foreign divorce orders
Child abduction
Cohabitation agreements, domestic partnerships
Domestic violence and harassment applications (protection orders)
Enforcement of maintenance order and recovery of arrear maintenance
Surrogacy agreements, surrogacy law
Enforcement of orders relating to family law matters
Rights of fathers of children born out of wedlock

Family Law Mediation

We can assist with conflict and/or dispute resolution and divorce mediation.

All aspects related to family law and divorce, including:

Patrimonial claims (assets and liabilities)
Division of the joint estate
Accrual claims
Jointly owned assets
Trusts
Parental responsibilities and rights
Care and contact (custody and access)
Maintenance
Guardianship
Spousal maintenance

General Litigation

Litigation refers to the act of enforcing one’s rights by means of the courts.

The courts in South Africa are divided into lower courts and superior courts: Constitutional Court, Supreme Court of Appeal, High Court, Regional Court, Magistrate’s Court, as well as support for other formal tribunals and forums. Services in this area include:

Commercial litigation
Settlement negotiations
Urgent applications
Legal opinions
Contract litigation
Constitutional, public and administrative law advice and litigation
All aspects of defended litigation arising from debt collections
Formulation of contractual claims
Interdicts of various kinds
Landlord and tenant disputes, damage to property claims
Sale and purchase disputes
Enforcement of monetary claims and specific performance
Material damage to motor vehicles or other losses
Insurance claims

Debt Collection

Do you need assistance collecting money from a debtor?

We can assist with the following:

Soft collections, collection of bad debt, tracing a debtor, letter of demand, Section 129 letter, acknowledgement of debt, recovering a debt, collect arrear rental
Hard collection, collection of amounts owed by means of legal action, therefore by issuing either a summons/Section 58 or liquidation/ sequestration application
Commercial collections
Applying for Default Judgment
Applying for Summary Judgment
Litigation in Defended Actions all the way to trial
Preparation of Warrant of Execution
Section 65 (Debtors’ Court)
Applications to declare immovable property executable

Estate Planning and Administration

A will provides certainty to your loved ones about what should be done with your estate once you pass on. This certainty may prevent a lot of confusion and unnecessary arguments.

Our services include:

Estate planning
Drafting, preparation, updating and advice of wills and trusts
Drafting, preparation, updating and advice of living wills
Administration of solvent and insolvent estates
Act as executors / executrix of estates
Reporting the estate to the Master of the High Court including letters of authority or letters of executorship and preparing the accounts for approval and final administration
Open and managing of the estate bank account
Placing of the required advertisements in the local newspaper and Government Gazette
Drawing up the Liquidation and Distribution account and obtaining the Masters’ approval
Calculation and arrangement of estate duty payments to SARS
Interpretation of a will
Assistance in the challenging or opposing the validity of a will

Correspondent Attorneys

Are you looking for a correspondent who can assist with your court procedure and/or registrations in the Cape Town Deeds Office? We also attend to the Cape Town deeds office, Cape Town High Court, and all surrounding regional and magistrate courts, Master of the High Court and many more.

Drafting of Contracts

We draft sale agreements, lease Agreements, power of attorney, partnership agreements, loan agreements, shareholder agreements, confidentiality agreements and restraints of trade and many more.

HOW CAN WE BE OF ASSISTANCE?