Esmari Jonker

Attorney, Head of Franchising


Esmari Jonker is an Attorney of the High Court with both LLB and LLM degrees. She is a dynamic intellectual property attorney with many years experience in the fields of trade marks, copyright, and franchising.  Esmari acts on behalf of local and international clients in the franchise industry, and advises both franchisees and franchisors with regard to legal matters. As a leading attorney in the field of franchising Esmari is often invited by industry and the media to give presentations on franchising, branding and copyright issues.

University of Pretoria:
University of South Africa:

Years experience:
18+ years

Areas of expertise:
Franchising and licensing, franchise agreements and franchise litigation.
Trade mark applications, prosecution and enforcement.
Commercial agreements with the focus on intellectual property aspects.
Unlawful competition and passing off.
Copyright matters.

Smit & Van Wyk, Inc. is a registered industry member of the Franchise Association of South Africa (FASA) and Esmari is the Smit & Van Wyk, Inc. representative at FASA.  Esmari also advises corporate clients with franchise development and franchise management.

Professional Contributions

Comparative Legal Guide series: Franchise 2018: Esmari contributed to the International Comparative Legal Guide series: Franchise 2018. The chapter covers relevant Legislation and Rules Governing Franchise Transactions in South Africa.