Keshia Manolios

Keshia Manolios

Director

Keshia is a director at Andersen in South Africa, heading up the firm’s Litigation and Dispute Resolution and ESG practices and has extensive experience in the Employment and Labour field. She also holds dual roles within the Andersen Global network:

1. Africa Legal Coordinator; and

2. Co-head for Litigation & Arbitration, Africa

With more than 13 years’ experience in the legal industry, Keshia specialises in Commercial Litigation, Alternative Dispute Resolution and Business Restructuring and Insolvency. Keshia also has significant expertise in the Environmental, Social, and Governance (ESG) field of practice, assisting clients in navigating legal and regulatory frameworks related to sustainability and responsible business practices.

Working with organisations across major industries in South Africa and beyond, Keshia enjoys an immersive approach to her clients' business, developing a deep understanding of their industry, pressure points and goals so that she can be a true partner in their growth and success.

Keshia’s extensive experience provides legal advice both locally and internationally in major industries including the oil and gas and renewable energy industries. She has also assisted clients in various industries including mining, construction, insurance, logistics, software development, security, interior design and manufacturing and trade.

Education

  • B.Com Law, University of Johannesburg (2010)
  • LLB, University of Johannesburg (2010)

Affiliations

  • Member of the South African Restructuring and Insolvency Practitioners Association NPC (SARIPA).
  • Member of the International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL).
  • Admitted as an attorney of the High Court of South Africa in 2013.

Engagements

Keshia has acted as the lead attorney in a variety of successful cases for both local and international clients. Keshia's most recent engagements include:

Commercial Litigation and Dispute Resolution

  • Representing a US listed company in a cross-border dispute relating to the construction of a solar PV power plant, the sale of shares which circumvent the pre-emptive rights in a shareholders’ agreement, and a breach of the shareholders’ agreement triggering a forced sale which breach includes the failure by a shareholder to provide agreed funding. The quantum is approximately N$550 million.
  • Representing a well-known international company in the oil and gas industry in a dispute against another major international company, also in the oil and gas industry. The case involved the breach of a supply contract and the quantum claimed amounted to approximately R436 million. Keshia was the lead attorney in this dispute and also assisted the expert in preparing the complex quantum of damages calculation.
  • Representing a minority shareholder in a retail solution company in a dispute with the majority shareholder (the holding company of which is listed on the New York Stock Exchange). The dispute involved an investigation into inter-company group costs and testing them for reasonableness as well as potential applications in terms of Sections 163 and 165 of the Companies Act, 71 of 2008. Keshia assisted in negotiating a settlement with the majority shareholder in terms of which the client sold his shares to the majority shareholder for a purchase price of R42,650 million.
  • Following a successful outcome for part of a claim by a well-known international company in the oil and gas industry in an arbitration against another major international company in the oil and gas industry, Keshia formulated the complex damages claim for the second part of the claim and executed a settlement of approximated R11.4 million in favour of the client.
  • Representing a shareholder in a dispute regarding the sale of shares. The dispute involves a breach of the sale of shares agreement on the part of the purchaser giving rise to various consequences which include a claim for reinstatement as a shareholder and director. There is a potential claim for damages in this dispute currently calculated at approximately R6.5 million.
  • Representing a lender in a dispute with a borrower regarding repayment of the capital loan amount of circ. R7.8 million in terms of a loan agreement, enforcing the client’s rights in terms of a pledge agreement (which includes a transfer of shares in a South African listed company) and navigating through certain restrictions arising out of a subordination agreement and syndication agreement.

Business Restructuring and Insolvency

  • Representing a South African listed company in an application to place a South African subsidiary of an international holding company in business rescue. This application follows a claim by the South African listed company for R21 million following a breach of contract on the part of the South African subsidiary.
  • Representing a debenture holder in a dispute regarding the transfer of shares pursuant to a loan of R486 million. The holding company involved in the dispute has been placed in business rescue and we are assisting the debenture holder with, inter alia, the enforcement of its rights as a creditor in the business rescue process.
  • Representing a liquidator in a High Court matter involving one of the largest banks in South Africa for the recovery of damages suffered by an insolvent company in the amount of R130 million.
  • Representing and advising a high-profile director in a Section 418 enquiry into the trade, dealings, affairs and property of an insolvent company as well as in High Court proceedings for the recovery of funds in excess of R89 million.
  • Representing a shareholder in a dispute with remaining shareholders involving the misappropriation of funds within a group of companies (potentially to the value of R17 million). The dispute involved opposing a liquidation application brought by the remaining shareholders to liquidate two of the companies within the group in an attempt to restrict access to information and potentially eliminate the client’s claim.
  • Representing various clients against a company in liquidation in which there are various claims against the company for debts totalling approximately R8 million and in terms of which a director of the company is being investigated for breaches of his fiduciary duties owed to the company in liquidation which may result in him being personally liable for the debts of the company.

Employment & Labour

Keshia has assisted local and international clients with a wide spectrum of Employment Law instructions which instructions include the following:

  • Breaches of confidentiality and restraint of trade clauses in employment contracts.
  • Transfers of employees in terms of section 197 of the Labour Relations Act, 1995 (“LRA”).
  • Retrenchment processes.
  • Conducting and chairing disciplinary hearings.
  • Assisting with disputes in the CCMA.
  • Drafting and reviewing employment contracts.
  • Reviewing HR policies and procedures, and advising clients on employee related issues associated with commercial transactions, dismissals, and various disputes.
Recent and Notable Engagements:
  • Assisting a major multi-national company listed on the Australian and Johannesburg Stock Exchange with enforcing a transfer of employees in terms of Section 197 of the LRA following a premature termination of an Operations and Maintenance Agreement in the mining industry.
  • Assisting a major multi-national company with successfully enforcing confidentiality and restraint of trade provisions which had been breached by an ex-employee in the IT industry.
  • Assisting a major multi-national company listed on the Australian and Johannesburg Stock Exchange with the successful implementation of a retrenchment process following the termination of a contract and ensuring that the other contracting party paid for all the retrenchment costs as per the terminated contract.
  • Assisting a South African insurance company with implementing disciplinary and dismissal processes with its employees under circumstances where the employees had breached the company policies in relation to company assets causing financial damage to the company and successfully recovering the damages arising therefrom.
  • Drafting employment contracts for both local and international clients for employees at various levels of the companies.
  • Advising on Employment Law requirements for international companies looking to set up business in South Africa.

Accomplishments

Keshia has acted as the lead attorney in a variety of successful cases for both local and international clients. The quantum claimed in these cases ranged from R1 million to R550 million, and were in respect of various causes of action pertaining to shareholder and director disputes, breach of contract, reckless trading and restraints of trade. The matters spanned various industries including, oil and gas, renewable energy, coal mining, security, construction and logistics.

  • Admitted as an attorney of the High Court of South Africa in 2013.
  • Member of the South African Restructuring and Insolvency Practitioners Association NPC (SARIPA).
  • Member of the International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL).

Events & Publications

  • Written several articles on contractual and litigious topics, some of which have been published in the Without Prejudice Magazine.
  • Speaker at and organising of various conferences including recent conferences for the Andersen Bridge Europe-Africa Project on Construction and Renewable Energy.

Avoiding the Courtroom: Good Business Practices for South African Business Owners Avoiding the Courtroom: Good Business Practices for South African Business Owners
ESG and sustainable business practices in South Africa ESG and sustainable business practices in South Africa
Andersen in South Africa directors appointed to key roles within Andersen Global Andersen in South Africa directors appointed to key roles within Andersen Global

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