Renée Nienaber is a contract law specialist and an experienced litigation attorney. Her commercial practice covers all aspects of contractual advisory services and litigation, with a specific focus on franchising, property agreements, transactions and litigation, construction and development, restraints of trade and consumer law.
She assists corporate clients with contract due diligence and contract management services and is well-versed in negotiating and closing commercial agreements on clients’ behalf. Renée is also a practicing Notary Public and assists clients with the authentication and legalisation of documents and drafting of ante-nuptial contracts and other notarial deeds.
Renée founded Nienaber Attorneys after spending nearly 10 years in the commercial, property and litigation department of one of the leading IP and commercial law firms in the country. She was admitted as an Attorney and Notary Public on 30 March 2011 and as a Conveyancer on 9 October 2018, and obtained her right of appearance in the High Court during 2014.
Renée started her career in personal injury and professional negligence litigation and quickly moved through the ranks to handle complex and high value third party and loss of support claims requiring a multifaceted approach and the co-ordination of multi-jurisdictional teams of medico-legal experts and cross-border evidence collection.
After moving her focus exclusively to commercial and contractual litigation, Renée gained experience and expertise in franchising, consumer law, building and construction, commercial and residential property disputes and litigation, development law and enforcement of restraints of trade. She has been involved in complex and high value commercial disputes across a broad range of industries and has represented clients in urgent applications, trials and opposed motions in the Pretoria, Johannesburg, Durban, Cape Town and Grahamstown High Courts, Magistrates Courts across the country as well as the Supreme Court of Appeal. She is also experienced in launching and co-ordinating Anton Piller and similar anti-dissipation proceedings and has developed an extensive network of reputable medico-legal, construction, professional engineering and architectural, forensic accounting and IT experts for litigation support and expert witness services.
Renée is held in high regard by fellow attorneys for her technical legal knowledge and research skills. She co-authored and spearheaded the South African chapter in the international Dispute Resolution Review published by The Law Reviews for three years (2016 to 2018) and has contributed to a number of articles on contract and franchising law.
Renée’s practical and results-driven approach to law is underpinned by excellent academic credentials. She matriculated (Grade 12 Senior Certificate examination) with 10 distinctions in 2003 and was the best final year law student (prescribed modules) of her LLB class in 2008. She was offered membership of the Golden Key International Honours Society in 2005 and was listed on the Dean’s List of Merit in every year of her legal studies.
Renée is a member of the Legal Practice Council and serves on the Gauteng Legal Practice Council’s Fee Dispute Resolution Committee.
Some of Renée Nienaber’s past matters included the following:
Drafted and negotiated a suite of transactional instruments for the acquisition of key commercial property to facilitate the plant expansion of a multinational manufacturer in the automotive industry.
Assisted a multinational manufacturer in the pharmaceutical industry with contract review and the drafting and negotiation of all of its distribution agreements with distributors in Southern Africa and West Africa.
Assisted and advised a US-based electronic goods manufacturer on the termination of its relationship with its South African distributor;
Assisted and advised a well-known global toy company in relation to the recovery of stock sold and delivered but not fully paid for and simultaneous termination of its general sales agreement with a local retailer.
Represented and advised a prominent player in the FMCG industry in relation to numerous commercial/contractual matters and disputes, including with regard to supply chain service agreements, commercial lease disputes, recovery of damages for fraud and breach of contract, damages suits brought against the company in connection with defamation claims, personal injury and material damages claims.
Drafted deeds of sale and multi-phase building progress agreements in use for all developer’s sales of commercial and residential stands, full title townhouses and sectional title townhouses at multiple upmarket new developments in Gauteng and the Western Cape.
Successfully represented and advised a major local listed property development and investment group in a number of disputes with local authorities, building contractors and competing developers involving development mandates, construction agreements, preferred contractor/supplier agreements, unlawful competition, statutory and regulatory compliance, environmental law, unlawful occupation of land and B-BBEE, as well as cross-border construction disputes.
Pursued and obtained interdictory relief to curb unlawful competition by competitors and/or ex-employees for:
A well-known local retail group.
A multinational insurer.
The local division of a German engineering company.
Local training and consulting firms.
Key member of the multilevel team who assisted and advised the South African Revenue Service (SARS), and brokered a settlement between SARS and the major banks in relation to an extensive cheque fraud scheme.