Civil & Commercial Litigation
Contractual disputes, debt recovery, shareholder fall-outs, urgent applications, and trial proceedings in the High Court and Magistrates' Court.
De Swardt & Associates Inc. is a boutique litigation firm led by Donovan de Swardt, acting in commercial disputes, intellectual property and competition matters, property litigation and transfers, and family law.
The firm acts in a focused range of disputes and advisory work, informed by day-to-day litigation experience in the courts.
Contractual disputes, debt recovery, shareholder fall-outs, urgent applications, and trial proceedings in the High Court and Magistrates' Court.
Trade mark infringement, passing off, unlawful competition, and the protection of registered marks, product get-up, and commercial goodwill.
Contract drafting, review, and negotiation for commercial transactions including cross-border agreements, supplier terms, NDAs, and risk allocation.
Commercial lease negotiation, SPLUMA disputes, evictions, property usage rights, land use compliance, and conveyancing.
Contested and mediated divorces, maintenance disputes, variation applications, guardianship proceedings, and children's matters under the Children's Act.
Athlete sponsorship agreements, social media and content structuring, exclusivity provisions, and intellectual property in athlete-generated content.
The firm regularly acts on matters spanning intellectual property, high-value commercial agreements, property law, and family disputes.
Instituting High Court proceedings on behalf of a national brand owner, advancing claims for registered trade mark infringement under the Trade Marks Act 194 of 1993 and common-law passing off. The matter concerns a competitor's deliberate adoption of confusingly similar product packaging, trade dress, and branding.
Drafting and negotiating multiple athlete sponsorship agreements for a national FMCG brand, including structuring social media campaign obligations, content deliverables, and exclusivity provisions. The engagement also involved drafting ancillary intellectual property instruments.
Reviewing, negotiating and drafting amendments to a multi-tenant industrial lease with a total commitment in excess of R70 million over the lease term, including advising on tenant obligations, escalation clauses, and renewal options.
Providing a comprehensive legal opinion on a cross-border commercial contract for the importation of industrial production machinery valued in excess of R21 million, including review of supplier terms, factory acceptance testing protocols, and risk allocation.
Defending property owners in action proceedings arising from a land use and building compliance dispute under SPLUMA, involving pre-trial preparation, building plan evidence, and engagement with opposing counsel.
Acting in a contested maintenance variation dispute, including drafting and filing a counter-application to substitute a maintenance order, supported by detailed financial evidence and affidavits.
Director · Attorney (LLB, UNISA)
De Swardt & Associates Inc. focuses on disputes that carry real commercial and personal consequences for clients — where strategy, preparation and court experience make the difference.
Matters are handled directly by Donovan de Swardt, ensuring clear advice and decisive execution. The firm does not operate a volume-based model; instead, it takes on a manageable caseload to give every matter the attention it requires.
Files are not handed down a hierarchy. You deal with Donovan de Swardt directly on strategy, correspondence and court appearances.
Each matter is approached with a clear end-point in mind — settlement where it makes sense, firm litigation where it doesn't.
You receive frank views on prospects, risk and cost — so that decisions are informed by both law and commercial reality.
Based in Gqeberha, the firm acts for private and corporate clients across the Eastern Cape, with trusted counsel relationships where needed.
Too many legal matters fail — not because the law was against the client, but because the groundwork was never done. At De Swardt & Associates, we do things differently.
Before we write a single letter, before we issue summons or bring an application, we sit down with you and give you a straight, honest opinion on the merits of your case. No sugar-coating. No vague assurances designed to keep the meter running.
If your case is strong, we tell you — and then we build it properly. We gather the evidence, close the gaps, and make sure every element is in place before we take a single step toward court. If your case has weaknesses, we tell you that too. And if our assessment changes at any point during the matter, you hear about it immediately — not after months of unnecessary legal fees.
This is not how every law firm operates. Many attorneys will take your instructions, institute proceedings, and let the process run its course — regardless of whether the foundation was solid to begin with. We refuse to do that.
Our commitment is simple: we will never let you spend money on litigation that we do not believe in. Every rand you invest in your matter goes toward building a case that is ready to succeed — not toward paying for process for the sake of process.
That is what sets De Swardt & Associates apart.
Every matter follows a disciplined process designed to achieve the best outcome efficiently.
We take detailed instructions, review key documents and identify the real issues in dispute. You receive a candid view on prospects, risk and cost.
A litigation plan is agreed and implemented: targeted correspondence, without prejudice negotiations and, where appropriate, formal demands or notices.
If the matter cannot sensibly settle, we proceed with tightly drafted pleadings and applications, driving the matter to trial or hearing as efficiently as possible.
Estimate the costs of transferring a property into your name. Based on the current SARS transfer duty rates, Law Society guideline tariff, and Deeds Office fees.
This calculator provides a guideline estimate for information purposes only and does not constitute an offer or binding quotation. Estimates exclude bond registration costs, rates and levy clearances, and compliance certificates. For a formal quotation, please contact the firm.
Practical answers to the questions clients ask most often. If yours isn't covered here, get in touch directly.
If you are facing a dispute, divorce, insurance repudiation or commercial issue that requires focused attention, you can contact Donovan de Swardt directly.