South Africa
Consulting Agreement
R999
Create a professional consulting agreement that records the consulting services, deliverables, fees, timelines, independent-contractor status, confidentiality, intellectual property, liability, and termination terms.
A Consulting Agreement is used where a client appoints an independent consultant to provide professional, technical, advisory, strategic, management, IT, HR, legal-support, project, business-development, marketing, engineering, or other specialist services. The agreement defines the scope of work, deliverables, timelines, payment terms, confidentiality duties, intellectual property ownership, liability, termination, and handover obligations. It is useful where the parties want a professional services arrangement without creating an employment relationship.
South African legal context (2026 checklist)
A consulting agreement should not merely label a person as an “independent contractor” if the real working relationship resembles employment. South African labour law recognises a rebuttable presumption of employment in certain circumstances, including where the person’s work, hours, tools, economic dependence, or integration into the organisation point towards employment. The agreement should therefore clearly regulate independence, control, deliverables, invoicing, tax responsibility, ability to work for others, and absence of employee benefits. Where the consultant creates copyright-protected work, the agreement should expressly deal with ownership, assignment, licensing, and use of pre-existing materials. Where personal information is processed, POPIA obligations should be included.
- South African common law of contract
- Labour Relations Act 66 of 1995
- Section 200A: Presumption as to who is an employee
- Basic Conditions of Employment Act 75 of 1997
- Section 83A: Presumption as to who is an employee
- Code of Good Practice: Who is an Employee
- Income Tax Act 58 of 1962
- Value-Added Tax Act 89 of 1991
- Tax Administration Act 28 of 2011
- Copyright Act 98 of 1978
- Section 21: Ownership of copyright
- Section 22: Assignments and licences in respect of copyright
- Protection of Personal Information Act 4 of 2013
- Electronic Communications and Transactions Act 25 of 2002
- Companies Act 71 of 2008, where a company is a party and authority to contract is relevant
- Consumer Protection Act 68 of 2008, where services are supplied to a consumer
- Competition Act 89 of 1998, where exclusivity, restraints, or market conduct may be relevant
- Occupational Health and Safety Act 85 of 1993, where consulting services involve workplace or site risks
- Prescription Act 68 of 1969
- Arbitration Act 42 of 1965, where arbitration is selected as the dispute-resolution mechanism
Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.
Typical questions we'll walk you through
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What is the full legal name of the client?
What is the full legal name of the consultant?
Is the consultant an individual, company, close corporation, partnership, or sole proprietor?
What consulting services will be provided?
What specific deliverables, reports, advice, plans, designs, documents, or outputs must be delivered?
When will the consulting services start?
Will the agreement run for a fixed period, month-to-month, or until completion of a project?
Where will the services be performed: onsite, remotely, or both?
What fees, hourly rates, daily rates, retainers, milestones, or project fees will apply?
When must invoices be submitted and paid?
Will VAT be charged?
Will the client reimburse travel, accommodation, data, software, printing, or other expenses?
Will the consultant work independently, or will the client control working hours, tools, supervision, and daily tasks?
May the consultant provide services to other clients?
May the consultant use employees, subcontractors, or assistants?
Who will own intellectual property, documents, reports, templates, systems, software, or work product created during the assignment?
Will confidential information be shared?
Will personal information be processed by the consultant?
What warranties or standards of care must the consultant meet?
Will the consultant provide professional indemnity insurance or other insurance?
Will any limitation of liability apply?
Will restraint of trade, non-solicitation, or conflict-of-interest clauses apply?
How may either party terminate the agreement?
What happens on termination, including handover, final invoice, return of information, and deletion of data?
How will disputes be resolved?
Who will sign the agreement on behalf of each party?
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