The Litigation team Andersen Legal has some of the most highly respected and skilled litigators practicing in primary sectors. The department comprises of multi-disciplinary and dedicated litigation teams offering a wide range of regulatory, corporate commercial litigation and alternative dispute resolution assistance to high-end local and international clients in various sectors including banking and finance, corporate governance, construction, oil and gas, renewable energy, mining, pension funds, private equity, transport and logistics.
Litigation & dispute resolution expertise
- Corporate and commercial litigation
- Insolvency and business rescue proceedings
- International and local arbitration
- Mediation and dispute resolution
Recent matters
Arbitration and Mediation
- Advising clients in respect of appearances before the Nugent and Zondo Commissions of Inquiry
- Representing a listed global resources company in arbitral disputes with the purchasers of certain of its South African-based operations
- Representing a listed international company in the oil and gas industry in a dispute against a major British oil and gas company for the recovery of damages, and trade claims
- Representing a listed South African chemical company in relation to an environmental liability claim
- Representing a junior chrome mining company in a time-delay construction dispute
- Advising and representing cash service providers and cash-in-transit service providers in mediation, arbitration, fraud investigations and asset recovery
General Commercial Litigation and Strategic Advisory
- Advising an Indian-based state bank in disputes with the South African Reserve Bank
- Representing liquidators in High Court litigation matters
- Representing an international company in the meat and poultry industry in a damages claim against a South African company
- Representing a range of mining companies in High Court litigation proceedings
- General advisory work and litigation for a local Big Four Audit firm
- Representing an international company in negotiations regarding the bulk supply of electricity by Eskom in terms of a proposed NPA
- Representing a property developer in defending an administrative decision to build over 1 000 high-end residential units
- Rendering a wide range of legal advice to a large transport and logistics company operating throughout Southern Africa
- Successfully opposing an urgent application against an international resource and mining company regarding alleged environmental transgressions
- Representing a range of junior coal miners in claims for additional compensation by mining contractors
- Successfully opposing status quo urgent applications against junior diamond miners
Business Rescue and Liquidation
- Conducting a cross border liquidation enquiry for a renewable energy company based in India in relation to a Luxembourg listed company
- Cross border litigation for a Dubai based asset manager for recovery of funds in excess of R1 billion
- Defending a Hong Kong listed group against claims by the liquidators and business rescue practitioners of mining companies in South Africa
- Representing directors and liquidators in enquiries
Dec 08, 2021
Andersen in South Africa obtains precedent setting High Court Order on interpretation of the MPRDA
In the review application between Sedibeng Iron Ore (Pty) Ltd v The Minister of Mineral Resources and Energy & 16 Others (case number 19831/20), and in which the specialist mining, environmental and litigation teams of Andersen in South Africa acted for the Applicant (Sedibeng) with Adv. P Danie
Nov 18, 2021
Competition authorities and their duty to the Constitution
On 15 October 2021 the Constitutional Court delivered a precedent setting judgement on the role of the competition authorities in promoting and protecting cornerstone socio-economic rights contained in the Constitution.
The judgement in question, Competition Commission of South Africa v Mediclinic S
Oct 22, 2021
Declaring Force Majeure: Be aware of potential consequences
Transnet has declared its second force majeure since July. The event triggering the declaration was a fire that occurred on its conveyor belts at the Richard's Bay port (one of three in the last three weeks) which is reported to have lasted 5 hours. The cause of the fire is still under investigation
Oct 06, 2021
Business Rescue: sooner rather than later — here’s why
With so many businesses facing financial distress as a consequence of the economic fall out of the past 18 months brought about by the COVID-19 pandemic, many are opting for the protective moratorium of ‘Business Rescue Proceedings'. While it is the business rescue proceedings of high-profile compan
Sep 23, 2021
Gauteng High Court judgment has far-reaching implications for SA’s mining sector
The Gauteng Division of the High Court handed down its judgement in the matter between the Minerals Council of South Africa and the Minister of Mineral Resources and Energy and other respondents, noting that the continuing consequences of previous black economic empowerment (BEE) deals should be rec
Apr 29, 2021
Case law: SCA sets a precedent in the recovery of property against a company in business rescue
A recent judgment by the Supreme Court of Appeal, Timasani (Pty) Ltd (in business rescue) and Another v Afrimat Iron Ore (Pty) Ltd [SCA case number 91/2020] has given some much needed guidance on the use of section 133 of the Companies Act 71 of 2008 (“the Act”) and “…is the first occasion on which
Apr 14, 2021
Anton Piller orders: preserving evidence on an urgent basis
If you have ever sued someone or been sued, you will no doubt have asked your attorney, “How do I know that they won’t destroy the evidence that is vital to me proving my case?”. The answer is, you don’t.
While the destruction of documents relevant to legal proceedings carries with it penalties tha
Apr 13, 2021
Business Rescue Practitioners fees post application for winding-up
Case Note: Montic Dairy (Pty) Ltd and Others v Mazars Recovery and Structuring (Pty) Ltd and Others (7523/19) [2021] ZAWCHC 20 (10 February 2021)
Under the Companies Act 71 of 2008 (“the New Act") a business rescue practitioner (“BRP”) is entitled to charge a company in business rescue for remunerat
Feb 24, 2021
Tabacks becomes a full Member Firm of Andersen Global
Tabacks has become a full member firm of Andersen Global, an international association of legally separate, independent member firms with a presence in 45 countries in Africa. With this move, Tabacks will be known as Andersen in South Africa from 24 February 2021.
This development sees the local fir
Jul 10, 2020
Business Interruption Insurance…Interrupted
The Constitutional Court judgment attempts to resolve several questions regarding the constitutional approach to the judicial interpretation of contractual terms and, in particular, the public policy grounds upon which a court may refuse to enforce them.
In this article, we look at the recent judgem
Jul 10, 2020
Contract terms, public policy and the Constitution – Constitutional Court resolves debate
The Constitutional Court judgment attempts to resolve several questions regarding the constitutional approach to the judicial interpretation of contractual terms and, in particular, the public policy grounds upon which a court may refuse to enforce them.
On 17 June 2020 the Constitutional Court hand
Jun 04, 2020
Business Rescue FAQs
In this FAQ summary we answer questions from South African business owners and leaders who are potentially facing financial distress, insolvency or restructuring.
Our insolvency, business rescue & restructuring team is ready to assist with advice for directors, business owners, employees and cre
May 08, 2020
Tabacks and Andersen: A driving force in the South Africa legal industry
In November 2018, Andersen and Tabacks concluded a Collaboration Agreement which positioned Tabacks as the chosen partner of choice to the Andersen group in South Africa.
This collaboration allows not only Tabacks to provide best-in-class professional services to its clients, in a seamless fashion,
Apr 28, 2020
It’s personal: Discovery vs Liberty on the use of personal information
The Johannesburg High Court handed down a judgment in a matter involving an application instituted by Discovery seeking to interdict Liberty for the alleged unlawful infringement of its Discovery Vitality and Discovery trademarks, also seeking damages related to unlawful competition through Discover
Apr 22, 2020
Centrum Pharmacy Settles Excessive Pricing Complaint
Consumer Protection Regulations stipulate that an increase in the price of an essential good which does not correspond with an increase in the cost of providing that good, or an above average margin increase, is grounds for excessive pricing.
On 19 March 2020, the Minister for Trade and Industry pub
Apr 14, 2020
Legal practitioners violate the law during Lockdown
This article discusses the recent judgment handed down in the High Court of South Africa, Mpumalanga Division, Middleburg in which legal practitioners were found to have attended court illegally as a result of their non-compliance with the court directives and the Lockdown Regulations.
The old adage
Apr 09, 2020
COVID-19: Bad news for bearers of fake news
The Minister of Health has said that fake news is one of the greatest threats to effectively managing the spread of COVID-19 in South Africa.
“In a world of always-on news and ‘fake news’, fear spreads faster than any pathogen…”- Peter Sands
In a White Paper for the World Economic Forum, Peter San
Apr 08, 2020
Litigation in times of Lockdown
This article summarises the practice directives issued before and after the National Lockdown and are a guide as to how litigants should manage litigation matters during the lockdown.
The announcement of the National Lockdown by President Cyril Ramaphosa on 23 March 2020, in an attempt to contain th
Apr 07, 2020
Covid-19: Attending a funeral during the Lockdown
This article summarises the amendments to the regulations regarding travel restrictions during Lockdown, and explains what is required of a person wanting to attend a funeral in a different metropolitan district or province.
COVID-19; a word on the lips of everyone around the world at the moment. Wh
May 13, 2019
Determining whether a transaction is affected or fundamental
By Keshia Manolios
In order to identify the category into which a transaction falls, one must first identify whether any of the companies involved in the transaction are regulated companies or not.There are various commercial transactions that trigger compliance with different rules and regulations
May 07, 2019
Careful with your commas
By Keshia Manolios
“Punctuation has purpose… [it is] an important tool in ascribing meaning, idea, thought, intention and mood to what the author of the written words seeks to impart or convey to the reader.” These were the words of Honourable Judge van der Westhuizen in the case Auto Alpina v Abrin