Skip to content

LITIGATION

HOME / PRACTICE AREAS / LITIGATION

PRACTICE AREAS

LITIGATION

  • Conducting High Court and Magistrate’s Court Commercial and Civil Litigation, including mediation, arbitration, liquidation, sequestration, business-rescue and section 311 applications
  • Rendering legal advice and litigating on:
    • the enforcement of contracts in terms of the provisions contained in the PFMA
    • Corporate governance issues including the removal of directors and restructuring
    • matters related to inter alia the Income Tax Act and the VAT Act;
    • matters arising from, or in connection with, anti-dissipation orders;
    • Anton Pillar applications
    • Applications relating to the Prevention of Organised Crime Act;

Assignments Concluded

Some of the transactions we have advised on include the following:

  • Agri Sizwe Empowerment Trust – advised on the acquisition by the Trust of 26,77% undivided interest in the operations and net assets in Afgri Limited (listed company). Deal worth over R500m
  • Municipal Legal Services – Currently advising the Ekurhuleni  Metropolitan Municipality and The City of Johannesburg Metropolitan Municipality in the fields of regulatory, local government, general administrative law, constitutional, procurement, public private partnerships, and land expropriation. Drafted the CCTV Policy, reviewed the Supply Chain Management Policy and Manual and waste management By-Laws and developed a transport governance framework for the City of Johannesburg Metropolitan Municipality. We vetted the Indigent Policy, Disability Policy and Human Settlement Development Plan for the Ekurhuleni  Metropolitan Municipality
  • Department of Public Works Free State – transactional advisory in respect of a Public Private Partnership for the design and construction of the Provincial Government Building Precinct.
  • Department of Communications – transactional advisory in respect of a Public Private Partnership for the procurement of services from the private sector to provide the 112 Emergency services.
  • GND – advised on the BOOT transaction relating to the commissioning of a beneficiation plant
  • Department of Environmental Affairs and Tourism – transactional advisory in respect of a Public Private Partnership between the Imvelo Consortium and the Department. The PPP related to the construction, design and operations of an eight billion Rand project which has recently closed.
  • Department of Human Settlements, Public Safety and Liaison, North West – review of the corporate governance processes by its subsidiary and all related processes and transactions in respect thereto including extensive advise on the PFMA and Companies Act, winding down of the corporation, drafting necessary bills.
  • Department of Public Works, Roads and Transport Management, North West – review of the corporate governance processes adhered to by its subsidiaries
  • Eskom Enterprises (Pty) Ltd – In respect of the restructuring of Rotek Industries (Pty) Ltd and sale of the majority interest in Roshcon (Pty) Ltd, registration of Eskom brands
  • Sedibeng Mining Services (Pty) Limited – In a Joint venture between Sedibeng and Crown Diamonds in respect of the acquisition of Dancarl Mining (Pty) Ltd (entire issued share capital) from De Beers Consolidated Mines Ltd
  • Department of Public Enterprises – advise on employee share ownership plans in relation to the restructuring of State Owned Enterprises
  • Irvin & Johnson Limited – Legal adviser to a BEE consortium in respect of the acquisition of 25% shareholding in Irvin & Johnson Limited
  • Sedibeng Mining (Pty) Ltd – In its joint venture with Postmasburg Grondverskrywing (Eiendoms) Beperk in respect of an Iron Ore Mining Operation in the Northern Cape.
  • South African Airways – In its acquisition of Air Tanzania, including advising on all competition matters related thereto including the merger notification to the Competition Commission and the application to the Competition Tribunal to review the Competition Commission decision
  • Transnet Limited – currently advising Transnet and each of its operating divisions (Group Commercial) on various commercial matters including rail allocation on the manganese and coal line channels (including advising on administrative law, competition law and drafting of the long term rail transportation services agreement and service level agreement
  • TransNamib Holdings Limited – advised in the hotel management transaction in Namibia between the hotel owner and Legacy Hotel management Services (Pty) Ltd and continues to advise in other commercial transactions and litigation matters
  • NWC – transactional advisors on the disposal of a mining right to an international company in a deal valued at R250m
  • Emang – transactional advisors to the purchasers of shares in a local mining company valued at R19m –
    • Tau Rapulana Tribe Communities –
      • Advising the Tau Rapulana Tribe in Bodibe in the North West Province regarding their rights as lawful occupiers of certain land on which Lafarge Mining South Africa (Pty) Ltd intends conducting mining activities on and currently negotiating a surface lease agreement and other matters pertaining to Social Labour Plans and environmental issues so as to ensure that there is meaningful consultation between Lafarge and the community and that Lafarge implements an effective economic development projects for the Bodibe Community
    • Boo Manyana communities
      • Advising the Boo Manyana Tribe headed by the then President of the former Bophuthatswana Republic in a matter pertaining to a shareholder dispute between Boo Manyana Chrome (Pty) Ltd and its shareholders.
    • South African Agency for the Promotion of Petroleum Exploration and Exploitation (Proprietary) Limited – drafted the co-operation agreement between the Norwegian Petroleum Directorate and the South African Agency for the Promotion of Petroleum Exploration and Exploitation (Proprietary) Limited. The co-operation agreement between Norway and South Africa has promoted a co-operative relationship between the two countries and created numerous opportunities for developing profoundly important policy and capacity interventions that have made a significant impact on the energy sector in South Africa and Southern Africa.