Our Practice Areas

SERVICING CORPORATE CLIENTS

AVIATION & SPACE LAW

Leading Aviation Attorneys

Aviation and aerospace matters bring together commercial interests, technical operations, and legal responsibilities that can cross borders. Whether you’re dealing with an airline claim, an aircraft transaction, or a developing space initiative, clear advice helps you understand your position before deciding what comes next.

Our aviation attorneys advise on public and private air law, as well as space law, from South African and international perspectives. We help clients address the legal questions surrounding aviation operations, disputes, and commercial opportunities.

Leading Space Law Attorneys for Aviation and Aerospace Matters

A successful aviation or aerospace project needs more than a sound technical plan. It also needs clarity about the applicable rules, the parties’ responsibilities, and the legal implications of operating across jurisdictions.

Our advisory offering covers:

  • Passenger claims and airline defence matters.
  • Aviation regulation, financing, and liability.
  • Aircraft accident investigations.
  • Air traffic control, congestion, and environmental legislation.
  • International conventions and relevant European Union aviation law.
  • Competition issues and strategic industry alliances.
  • Security, credit, and leasing interests in aircraft and engine transactions.
  • New aviation and aerospace technologies.
  • Local and international commercialisation of space initiatives.

For clients looking for space law attorneys, we provide a starting point for discussing the legal dimensions of bringing a space-related venture to market.

Airline Claims and Passenger Disputes

Lost luggage, disrupted travel, and passenger injuries can leave you with expenses, unanswered questions, and uncertainty about your rights.

The legal position depends on the circumstances. The route, contract of carriage, applicable legislation, and any relevant international convention can all affect a claim. Where the Montreal Convention applies, it provides a framework for airline liability involving passenger injury or death, baggage, and delay.

Compensation isn’t automatic simply because a journey went wrong. Evidence, applicable limits, available defences, and time requirements need to be considered.

Preparing the Information Behind a Claim

Start by keeping a clear record of events. Useful documents may include:

  • Booking confirmations, tickets, and boarding passes.
  • Baggage tags and reports submitted to the airline.
  • Photographs of damaged luggage or belongings.
  • Receipts for expenses connected with the incident.
  • Correspondence with the airline and its representatives.
  • Relevant medical records where an injury is involved.

Make a dated timeline while the details are fresh. Record what happened, who you contacted, and what response you received. Speak to aviation attorneys promptly rather than assuming an ongoing customer-service complaint preserves every legal deadline.

Aviation Regulation and Operational Issues

Aviation businesses operate within a regulated environment. In South Africa, the South African Civil Aviation Authority oversees civil aviation safety and security, while particular commercial or international activities may involve additional authorities and requirements.

A useful legal review starts with the proposed activity: who will operate, where it will take place, and what approvals or obligations may be relevant. An existing operation and a proposed expansion can raise different questions.

For cross-border operations, don’t assume that meeting South African requirements resolves every issue overseas. Traffic rights, airport access, and environmental obligations should be considered in the context of the relevant routes and jurisdictions.

Aircraft Financing, Leasing, and Commercial Transactions

Aircraft and aircraft engine transactions involve valuable assets that may move between countries. The legal arrangements should address ownership, payment, use, security, and the consequences of default.

International frameworks can also matter. Where applicable, the Cape Town Convention and Aircraft Protocol provide a framework for international interests in qualifying aircraft equipment. Their relevance depends on the transaction, the equipment, and the jurisdictions involved.

Before committing to an arrangement, consider questions such as:

  • Who owns the aircraft or engine?
  • What rights will the financier, owner, and operator hold?
  • What happens if payments stop or another obligation isn’t met?
  • Which law governs the agreement?
  • How will disputes and enforcement be handled?

These questions are best raised while terms are being negotiated, when there’s still room to address uncertainty.

Aircraft Accidents and Liability Concerns

An aircraft accident can create urgent reporting, evidential, and legal issues. South African aviation guidance requires relevant accidents and incidents to be reported to the appropriate investigating authority.

Legal advice should support, rather than replace, compliance with reporting duties and the official investigation process. Preserve relevant records and obtain advice about your responsibilities without obstructing investigators or altering potential evidence.

For a consultation, gather available correspondence, incident details, and documents you’re lawfully entitled to hold. Identify any immediate requests from investigators, insurers, or other parties so these can receive appropriate attention.

Space Law and Commercial Aerospace Initiatives

Space ventures can involve several countries and organisations before a project becomes operational. A South African business may develop technology locally while working with overseas manufacturers, launch providers, or commercial partners.

South Africa’s space activities framework includes the Space Affairs Act and the South African Council for Space Affairs. Certain activities require licensing and supervision, while international obligations can also be relevant.

Businesses consulting space law attorneys should identify the proposed activity, the parties involved, and the countries connected with the project. These details help establish which legal questions need investigation.

Raise those questions early. Regulatory dependencies and contractual responsibilities are easier to plan for before launch dates, investment commitments, and delivery milestones are fixed.

Frequently Asked Questions

What do aviation attorneys do?

Aviation attorneys advise on legal matters involving air transport, aircraft, and aviation businesses. Depending on the matter, this can include passenger disputes, regulatory obligations, liability, financing, leasing, and cross-border transactions.

Can I claim for lost baggage or a delayed flight?

You may have a claim, but the outcome depends on the facts and applicable legal framework. Keep supporting documents, report the issue promptly, and obtain advice about any complaint or court deadlines. Don’t assume every disruption creates the same entitlement.

Does international aviation law apply to every flight?

No single international rule applies identically to every journey. The itinerary, countries involved, relevant treaty provisions, and applicable domestic law help determine the position.

Why is legal advice important before leasing an aircraft?

A lease should make the parties’ rights and obligations clear, including payment, use, return, and default provisions. Cross-border arrangements can add questions about security interests, governing law, and enforcement that need attention before signature.

How does space law differ from aviation law?

Aviation law concerns matters such as aircraft operations and carriage by air. Space law addresses space activities and their national and international legal frameworks. Aerospace projects may raise questions across both fields, depending on their nature.

Do South African space projects need regulatory approval?

Certain space activities require licensing under South Africa’s regulatory framework. The requirements depend on the proposed activity and its connection to South Africa. A commercial agreement alone doesn’t establish that all necessary regulatory permissions are in place.

Discuss Your Matter with Marais Attorneys

You don’t need to have every legal question mapped out before getting in touch. Start with what you’re planning, what’s happened, and what you need to resolve.

Contact Marais Attorneys to arrange a consultation with our aviation attorneys about your aviation or aerospace matter. Bring the relevant documents and let us know about any upcoming deadlines so we can discuss the next steps.

ENQUIRE NOW

Quality | Efficiency | Competitive

Fields marked with an * are required

CORPORATE LAW

We pride ourselves on our expertise in handling all matters concerned with and related to Commercial Law and as such, are well-equipped to provide solutions to clients in the following areas:

  • Corporate Law;
  • Competition Law;
  • Mergers, Take-Overs and Acquisitions;
  • Joint Ventures;
  • Finance Restructuring;
  • Share Incentive Schemes;
  • The Establishment of Companies and Close Corporations;
  • The drafting of agreements, including but not limited to association agreements, agreements forming partnerships, shareholder agreements, sale agreements (shares or business), rental agreements, asset procurement agreements and service level agreements, etc;
  • Black Economic Empowerment transactions;
  • Contractual Law;
  • Mediation, negotiation and dispute resolution;
  • Insolvency Law.

We are also able to address any company secretarial queries through our consultant who works in close contact with the Registrar of Companies.

ENQUIRE NOW

Quality | Efficiency | Competitive

Fields marked with an * are required

COMMERCIAL & GENERAL LITIGATION

Litigation can be uncertain, time-consuming and costly. However, we in conjunction with our team of highly experienced advocates provide our clients with timely, efficient and cost-effective solutions relating to South African and international transactions in respect of inter alia:

  • Securities Litigation;
  • Commercial Fraud;
  • Competition Law;
  • Restraint of Trade Disputes;
  • Enforcement and Termination of Commercial Contracts;
  • Claims Pertaining to Confidential Information;
  • Claims Concerning Directors and Shareholders Rights and Duties;
  • Product Liability Disputes.

ENQUIRE NOW

Quality | Efficiency | Competitive

Fields marked with an * are required

LABOUR LAW

Through keeping track of the latest developments in Labour Law and legislation, we are able to assist employers and employees in employment, industrial relations and labour issues:

  • Drafting, Interpretation and Termination of Employment Contracts;
  • Advice on Minimum Standards Legislation;
  • Assistance with Unfair Dismissals, including Automatically Unfair Dismissals;
  • Residual Unfair Labour Practises;
  • Dispute Resolution;
  • Regulation of Collective Agreements;
  • Collective Bargaining Forums;
  • Strikes and Lock-outs;
  • Picketing and Protest Actions;
  • Compliance with the Basic Conditions of Employment Act as well as Labour Relations Act;
  • Freedom of Association (including agency shop agreements and closed shop agreements);
  • Organisational Rights as well as the Regulation of Collective Agreements;
  • Assistance with Employment Equity Act and Black Economic Empowerment Legislation;
  • Formulating and Chairing of Disciplinary Hearings;
  • Recognition Agreements and Negotiations with Trade Unions and Bargaining Councils;
  • Conducting Retrenchments and dismissals;
  • Commission for Conciliation, Mediation and Arbitration issues;
  • Litigation in labour related issues.

ENQUIRE NOW

Quality | Efficiency | Competitive

Fields marked with an * are required

MEDIA LAW

Several of our clients form part of the media and entertainment industry. As such we are able to provide a number of specialist industry-related services including:

  • Telecommunications Law issues;
  • Information Technology Law issues;
  • Defamation;
  • Broadcasting, including Broadcasting Complaints Commission matters;
  • Advice on Copyright, Trademarks, Patents and other fields of Intellectual Property Law;
  • Advertising Law;
  • Handling Advertising Standards Authority of South Africa complaints;
  • Cyber Law issues pertaining to the commercial sphere such as online contracts, information security, right to email privacy, online intellectual property and other forms of electronic legal issues.

ENQUIRE NOW

Quality | Efficiency | Competitive

Fields marked with an * are required

TRADEMARKS & COPYRIGHT

Through our consultants we provide a comprehensive range of services and advice in the fields of Trademarks, Copyright and related areas of Intellectual Property, including but not limited to:

  • Conducting Trademark searches and the preparation and filing of Trademark Applications;
  • Local and International Registration of Trademarks;
  • Assistance and advice on the protection of various types of Copyright “works”, including but not limited to artistic works, musical works, broadcasts, literary works and computer programs
  • Providing expert opinions on Trademark, Copyright and other Intellectual Property matters;

ENQUIRE NOW

Quality | Efficiency | Competitive

Fields marked with an * are required

BEE TRANSACTIONS

We have been in the Corporate Black Empowerment space since the inception of the BEE legislation and codes. We have over the years as legislation changed developed groundbreaking structures to overcome the funding of BEE transactions and to minimize the cost of such transactions.

ENQUIRE NOW

Quality | Efficiency | Competitive

Fields marked with an * are required

RENTAL PROPERTY LAW

Marais Attorneys specialises in rental property law, which involves all law surrounding landlords and tenants, leases of immovable property, rental collection, evictions and advices on general disputes arising between all stakeholders in the rental property arena. Our services include;

  • Residential and commercial evictions;
  • Rent collections and litigation;
  • Residential and Commercial Lease preparation and vetting;
  • Expert rental property advices on all areas of commercial, industrial and retail leases.

ENQUIRE NOW

Quality | Efficiency | Competitive

Fields marked with an * are required

FAMILY & DIVORCE LAW

Marais Attorneys assists clients with:

  • Divorces;
  • Maintenance matters;
  • Rule 43 Applications for Maintenance pendente lite;
  • Protection orders;
  • Advice on separation of parties involved in cohabitation relationships
  • General family law advice.

In divorce matters, the finalisation, negotiation and settling of the settlement agreement in divorces is essential. Certain repercussions of divorce, such as ongoing contact and access arrangements in respect of minors, maintenance payments and facilitating immediate payment from Pension Funds, have proved problematic as well as division of the estate between the parties.

ENQUIRE NOW

Quality | Efficiency | Competitive

Fields marked with an * are required

Book a consultation with Marais Attorneys today!

ENQUIRE NOW