NEW

Why South Africa’s draft revised material transfer agreement is not fit for purpose

Forcing a square into a circle: why South Africa’s draft revised material transfer agreement is not fit for purpose

PAIA manual

View the PAIA manual HERE 20230626_PAIA_Manual_Esselaar Attorneys_PGE

Web Site Terms and Conditions

The Esselaar Attorneys Web Site is subject to copyright by Esselaar Attorneys or is licenced under copyright from third party owners. You may reproduce any web page - subject to the disclaimer below - for personal use only. Any comments and statements contained within...

Email Disclaimer

This message and any accompanying attachment(s) may contain confidential and copyrighted information. If you are not the addressee(s) indicated in this message or responsible for delivery of the message to the addressee(s), do not copy or deliver this message or the...

Financial Services Laws General Amendment Bill tabled in Parliament

According to the South African Government News Agency (SANews) the Financial Services Laws General Amendment Bill was tabled in Parliament last week. In short, 'the Bill, which was released for public comment in March, addresses urgent issues in eleven financial...

Is the Financial Services Industry pulling wool over consumers’ eyes?

The Financial Services industry is in a state of flux. The Financial Services Laws General Amendment Bill (FSLGAB) was tabled in parliament on 25 September 2012. The aim of the Bill is to ensure that ‘South Africa has a sounder and better regulated financial services...

Credit Law: Section 89(5)(c) of the NCA declared unconstitutional

In the May/June edition of CLR Paul Esselaar wrote about a decision by the Western Cape High Court in which s 89(5)(c) of the National Credit Act was declared unconstitutional for being inconsistent with the right to property in s 25(1). In other words it was found...

Draft NCA Regulations on Affordability Assessments published

The Department of Trade and Industry has published draft regulations on, "Affordability Assessment for the Amendment of Regulations for matters relating to the functions of the National Consumer Tribunal and Rules for the Conduct of matters before the National...

Drowning in Red Tape: The new threshold for registration as a credit provider

With all the pieces of legislation that are constantly being updated it is easy to miss changes to legislation that are really important – especially if that change comes in the form of a Regulation (something typically drafted by a ministry such as the Department of...

The National Credit Act update

Date: Monday, 17 May 2021 - 09:00 to Wednesday, 19 May 2021 - 11:00 The National Credit Act Amendment Act 7 of 2019 has real consequences for credit providers and debt counsellors in particular. This course focuses on the likely impact that the changes will have in...

NEW

Why South Africa’s draft revised material transfer agreement is not fit for purpose

Forcing a square into a circle: why South Africa’s draft revised material transfer agreement is not fit for purpose

PAIA manual

View the PAIA manual HERE 20230626_PAIA_Manual_Esselaar Attorneys_PGE

Web Site Terms and Conditions

The Esselaar Attorneys Web Site is subject to copyright by Esselaar Attorneys or is licenced under copyright from third party owners. You may reproduce any web page - subject to the disclaimer below - for personal use only. Any comments and statements contained within...

Email Disclaimer

This message and any accompanying attachment(s) may contain confidential and copyrighted information. If you are not the addressee(s) indicated in this message or responsible for delivery of the message to the addressee(s), do not copy or deliver this message or the...

Financial Services Laws General Amendment Bill tabled in Parliament

According to the South African Government News Agency (SANews) the Financial Services Laws General Amendment Bill was tabled in Parliament last week. In short, 'the Bill, which was released for public comment in March, addresses urgent issues in eleven financial...

Is the Financial Services Industry pulling wool over consumers’ eyes?

The Financial Services industry is in a state of flux. The Financial Services Laws General Amendment Bill (FSLGAB) was tabled in parliament on 25 September 2012. The aim of the Bill is to ensure that ‘South Africa has a sounder and better regulated financial services...

Credit Law: Section 89(5)(c) of the NCA declared unconstitutional

In the May/June edition of CLR Paul Esselaar wrote about a decision by the Western Cape High Court in which s 89(5)(c) of the National Credit Act was declared unconstitutional for being inconsistent with the right to property in s 25(1). In other words it was found...

Draft NCA Regulations on Affordability Assessments published

The Department of Trade and Industry has published draft regulations on, "Affordability Assessment for the Amendment of Regulations for matters relating to the functions of the National Consumer Tribunal and Rules for the Conduct of matters before the National...

Drowning in Red Tape: The new threshold for registration as a credit provider

With all the pieces of legislation that are constantly being updated it is easy to miss changes to legislation that are really important – especially if that change comes in the form of a Regulation (something typically drafted by a ministry such as the Department of...

The National Credit Act update

Date: Monday, 17 May 2021 - 09:00 to Wednesday, 19 May 2021 - 11:00 The National Credit Act Amendment Act 7 of 2019 has real consequences for credit providers and debt counsellors in particular. This course focuses on the likely impact that the changes will have in...

Paul Esselaar completed his BA, LLB at Rhodes University in Grahamstown in 1997. Thereafter he attended the School for Legal Practice at the University of Cape Town in 2000 and went on to complete his articles at Kessler De Jager Inc. During his articles he focussed on Magistrates and High Court litigation as well as deceased estates.

Paul was admitted as an attorney of the High Court in 2001 whereafter he returned to the University of Cape Town and completed his LLM in Electronic Law and Commercial Law in 2003. Paul’s broad background in Electronic Law is ably assisted by a stint at an Online Dispute Resolution company called TrustEnforce as well as his experience as the webmaster for the Trade Law Centre (tralac) and as an Electronic Law specialist for the Electronic Law Consultancy.

Paul was employed as the Electronic Law Manager for Korbitec (Pty) Ltd – a software company that specialises in producing software for the legal market – from 2005 to 2007. He was responsible for the documentation relating to debt collection and various other aspects of practice management such as FICA compliance within existing software products. He also advised Korbitec and attorneys on the impact of the National Credit Act and attended law commission and parliamentary hearings on this and several other laws.

Paul joined Dingley Attorneys (now Dingley Marshal Lewin) in 2008 until early 2011 when he set up his own law firm, Esselaar Attorneys. Paul is a Wireless Application Service Providers Association (WASPA) appeal adjudicator, an Internet Services Providers Association (ISPA) appeal adjudicator, has been admitted as a Notary of the High Court and he also has the right of appearance in the High Court.

In 2013 Paul and Elizabeth de Stadler set up a legal compliance company called Novation Consulting (Pty) Ltd which provides specialist consumer law advice to companies. Along with Elizabeth he has produced an online training course for companies to comply with the requirements of the Protection of Personal Information Act (POPIA) and co-authored ‘Understanding the Protection of Personal Information Act’ which was published by Juta in 2015 and its successor ‘Overthinking the Protection of Personal Information Act’ published in 2021. Paul has been part of the POPIA project team to implement changes to several blue chip companies and has presented on POPIA to various audiences for several years. In 2020 he attended the eCommerce summit in Dakar, Senegal for the African Union and was a co-author of ‘A Situational Analysis Of Digital Trade And Digital Economy In Africa’ which analysed consumer-related laws for the African Union.

In his effort to retain an eclectic and wide-ranging knowledge of law, Paul has also been part of:

  • several high-value commercial transactions in the Eastern Cape relating to property development, investor funding and shareholder relations,
  • urgent insolvency proceedings for foreign shareholders in the Gauteng High Court
  • removal of children from the parental home due to neglect
  • extended and highly emotional parental plan negotiations for the care of minor children

He currently practices as an attorney and notary at Esselaar Attorneys in Cape Town.