Esmari Jonker

Attorney, Head of Franchising

Esmari Jonker

Franchising

Manage your franchise

Esmari Jonker is an Attorney of the High Court with both LLB and LLM degrees. She is a dynamic Intellectual Property (IP) 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.

Qualifications

✓ LLB

✓ LLM

✓ SAIIPL (Qualified Trade Mark Attorney)

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.

Recognitions

✩ Listed as a Notable Practitioner – Managing Intellectual Property (MIP, 2025).

✩ Featured in The Best Lawyers in South Africa (2024 & 2025 Editions) – Franchise Law.

✩ Winner of Boutique Franchising Law Firm of the Year in South Africa – Corporate INTL Global Awards (2026).

✩ Best Lawyers: Recognised by Best Lawyers in Franchise Law 2022, Best Franchise Lawyer Award 2023.

✩ World Trademark Review (WTR) 1000: Listed by WTR 1000 as a recommended expert in the fields of prosecution and strategy in 2021 and 2022.

✩ Lexology Client Choice: Won the Lexology Client Choice Award 2020 and 2021 – Franchise Lawyer in South Africa. The Lexology Client Choice recognises those individuals around the world that stand apart for the excellent client care they provide and the quality of their service. Lawyers can be nominated only by corporate counsel.

✩ Who’s Who Legal: Listed by Who’s Who Legal in the Franchise Law category for South Africa from 2018 – 2023.

Associations

Fellow of the South African Institute of Intellectual Property Law (SAIIPL).

Smit & Van Wyk is a registered industry member of the Franchise Association of South Africa (FASA) and Esmari is the Smit & Van Wyk representative at FASA.

Esmari also advises corporate clients on franchise development and franchise management.