ALERT DISPUTE RESOLUTION - Cliffe Dekker Hofmeyr
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
13 MAY 2020
DISPUTE RESOLUTION
ALERT
Your JBCC Contract: COVID-19 and other
IN THIS ISSUE > curse words
What can parties to a JBCC (Joint Building Contracts
Committee) Construction Contract do to prevent the COVID-19
The setting aside pandemic infecting your contract? We look at a situation where
of an adjudicator’s washing your hands and sterilising surfaces may not be enough.
determination:
Is the court hamstrung?
The rise of alternative dispute resolution Is the ban on tobacco and liquor unlawful
(ADR) in the last decade or so cannot and irrational?
be overstated. The plethora of ADR
institutions and a quick survey of Is the continued ban on the sale of liquor and tobacco
general commercial and service level products really justifiable? And, if so, is there a less-restrictive
agreements prove this to be the case. means for government to achieve the same objective, while
Stripped to its bare bones, ADR refers to ensuring sectors in the entire value chain remain going
any means of settling disputes without concerns that provide secure jobs and contribute to much
reference to litigation i.e. the courtroom. needed tax revenue?
FOR MORE INSIGHT INTO OUR
EXPERTISE AND SERVICES
CLICK HERE
DISPUTE RESOLUTION
The setting aside of an
adjudicator’s determination:
Is the court hamstrung?
The rise of alternative dispute With more and more parties resorting
resolution (ADR) in the last decade or to ADR as a means to settle their disputes,
A question that has so cannot be overstated. The plethora the courts are often inundated with
of ADR institutions and a quick survey applications to either enforce or review
troubled legal practitioners
of general commercial and service and set aside awards and/or determinations
for some time is whether level agreements prove this to be the arising from ADR proceedings. It is trite that
a party unsatisfied with case. Stripped to its bare bones, ADR parties to an agreement are bound by the
the outcome of an ADR refers to any means of settling disputes provisions contained therein including the
without reference to litigation i.e. the dispute resolution clause. As a result and in
process can and should courtroom. This typically takes the relation to dispute resolution clause/s, the
challenge that outcome form of negotiation, conciliation, parties often waive their rights to approach
and what form that mediation, adjudication, arbitration the courts until the dispute resolution
challenge should take. (or a combination of any of these). In mechanisms provided for in the agreement
most cases it’s voluntarily and in some have been exhausted and even then they
instances it is obligatory. With ever- can only approach the courts on a limited
rising costs of litigation and the time basis. A question that has troubled legal
delays occasioned by litigation, ADR practitioners for some time is whether
offers an attractive offering in that it a party unsatisfied with the outcome of
is suitable for multi-party disputes; an ADR process can and should challenge
the costs are lower (and in many that outcome and what form that challenge
cases free when involving consumers should take. Even though it only was in the
or employees); it produces relatively context of an adjudication, the Supreme
speedy settlement of disputes; there Court of Appeal (SCA) recently grappled
is flexibility in the process; the parties with some of these issues in Ekurhuleni
are generally in control; the parties West College v Segal and Another
chose a forum; it can offer practical (1287/2018) [2020] ZASCA 32 (2 April 2020).
solutions; a wide range of issues can In Segal, the SCA was called upon to
be considered; shared future interests adjudicate an appeal on two interrelated
may be protected; it is generally issues. Firstly, whether an adjudicator’s
private and confidential; and it is a determination in unterminated proceedings
less confrontational alternative to the was reviewable. Secondly, whether
court system. the rules of natural justices applied to
adjudication proceedings.
CDH is a Level 1 BEE contributor – our clients will benefit by virtue of the recognition of
135% of their legal services spend with our firm for purposes of their own BEE scorecards.
2 | DISPUTE RESOLUTION ALERT 13 May 2020
DISPUTE RESOLUTION
The setting aside of an
adjudicator’s determination:
Is the court hamstrung?...continued
First the facts: Ekurhuleni West College for the summary and interim resolution of
(College) entered into an agreement disputes expeditiously and inexpensively
The court therefore for the construction of a conference as possible. However, the adjudicator’s
centre on its premises with Trencon determination was not exhaustive of the
concluded that the
Construction (Pty) Ltd (Trencon). Various disputes, as it may be overturned during
College’s review application disputes arose between the parties upon the final stage of the dispute resolution
was premature as the completion of the project. As per the process. This meant that the determination
ADR proceedings had not provisions of the agreement, Trencon could be revisited during a further step
referred these disputes to adjudication. in the agreed procedure. The court
terminated and there were Having considered the submissions by the therefore concluded that the College’s
no grounds warranting parties and without requiring appearance, review application was premature as
judicial interference, at the adjudicator made a determination the ADR proceedings had not terminated
least at that stage. in favour of Trencon. Aggrieved by it, and there were no grounds warranting
the College exercised its right in terms judicial interference, at least at that stage.
of the agreement and gave a notice of
Were the rules of natural justice
dissatisfaction and thus referred the
applicable to the adjudication
dispute to arbitration. In addition, the
proceedings?
College launched an application to
review and set aside the determination, In deciding this issue, the court referred
which application was dismissed by the to the generally accepted ratio that in the
High Court. case of a statutory tribunal its obligation
to observe the elementary principles of
Did the notice of dissatisfaction and
justice derives from the expressed or
the pending arbitration, on their own,
implied terms of the relevant enactment,
preclude the review application?
while in the case of a tribunal created
The construction agreement contained a by contract, the obligation derives from
provision stating that should either party the expressed or implied terms of the
be dissatisfied with the decision given by agreement between the persons affected.
the adjudicator, such party may deliver A statutory tribunal would for example
notice of dissatisfaction to the other party be the housing tribunal established terms
and to the adjudicator within a specified of the Rental Housing Act 1999; the
period and refer the dispute to arbitration. Commission for Conciliation, Mediation
The arbitrator would then have the power and Arbitration established in terms
to revise the adjudicator’s determination as of the Labour Relations Act, 1995; the
if it had not been issued or given. Competition Tribunal established in terms
of the Competition Act, 1998; the National
The SCA held that the central issue in
Consumer Tribunal established in terms
this question was the nature and purpose
of the National Credit Act, 2005; the
of the adjudication in terms of the
Water Tribunal established in terms of the
agreement. Adjudication was designed
National Water Act, 1998 etc.
3 | DISPUTE RESOLUTION ALERT 13 May 2020
DISPUTE RESOLUTION
The setting aside of an
adjudicator’s determination:
Is the court hamstrung?...continued
In this instance, the matter concerned a contrary to public policy and nor show that
tribunal created by greement (i.e. adjudication) the express contractual provisions were
With the growing and the court readily accepted that courts breached. As a result, the SCA dismissed
should be very slow to import a tacit term the appeal with costs and upheld the
popularity of ADR as
into an agreement particularly where the decision of the High Court.
a means of resolving parties have concluded a comprehensive
With the growing popularity of ADR as a
disputes, this decision written agreement that deals in great detail
means of resolving disputes, this decision
adds to the rising with the subject matter of the agreement
adds to the rising body of jurisprudence
and it is not necessary to give the agreement
body of jurisprudence business efficacy. This is of course subject
demonstrating the judiciary’s deference
demonstrating the to the express terms of the agreement by
to the ADR process. The matter is also
important in that it demonstrates that
judiciary’s deference to the which any or all of the fundamental principles
parties should always be aware that
ADR process. of justice may be excluded or modified.
provisions agreed upon in an agreement
Consequently, the court found no merit in the
will trump any rules of natural justice
College’s reliance on procedural unfairness
unless such rules are expressly included.
and the rules of natural justice and held that
Lastly, parties should seek guidance, not
the adjudicator conducted the proceedings
only in the enforcement of obligations
as per the agreement. This was so because
by means of an ADR process but at the
the adjudicator operated as a tribunal created
contracting stage to ensure that their
by contract and the express contractual
rights are sufficiently protected.
provisions regulated the procedure that
he had to follow. The College did not
Vincent Manko and Mayson Petla
challenge any of these provisions as being
CDH’S COVID-19
RESOURCE HUB
Click here for more information
4 | DISPUTE RESOLUTION ALERT 13 May 2020DISPUTE RESOLUTION
Your JBCC Contract: COVID-19
and other curse words
What can parties to a JBCC (Joint on 25 April 2020, commercial building
Building Contracts Committee) projects will only be permitted to resume
As a “hands-on” Construction Contract do to prevent operations once the country reaches
the COVID-19 pandemic infecting your Alert Level 3 and private residential
industry for which
contract? We look at a situation where projects only when Alert Level 2 is reached.
working from home is washing your hands and sterilising This would mean that activity would, in a
generally impossible, surfaces may not be enough. large portion of the construction sector,
the construction sector COVID-19 and the consequential
still be suspended until, at the earliest, the
transition to Alert Level 3. No date has, at
is one of many which lockdown period in South Africa are
the time of publishing this article, been
has had to grapple with unprecedented circumstances which
forecast for the transition to Alert Level 3.
no party to any construction contract
the COVID-19 induced has ever had to deal with, until now. As However, while works have been
contractual mayhem. a “hands-on” industry for which working suspended at most construction sites until
from home is generally impossible, the Alert Level 3 is reached, what is not yet
construction sector is one of many which clear is how Contractors and Employers
has had to grapple with the COVID-19 are going to deal with the contractual
induced contractual mayhem. aftermath once operations resume.
Although one cannot provide definitive,
The construction sector and the work
broad stroke answers that cater to all
performed, in general, was not regarded
construction projects, there are several key
as an essential service, being the only
provisions that parties to the 2018 editions
types of services capable of being
of the JBCC Principal Building Agreement
rendered during the initial and extended
and the JBCC Nominated/Selected
Alert Level 5 national lockdown. This
Subcontract Agreement (cumulatively
led to the suspension of the works for
JBCC Agreements) should consider,
most construction projects throughout
particularly relating to the revision of the
the country, invariably causing delay to
practical completion date and termination.
completion of projects.
Revised Practical Completion Date: How
Under the current Alert Level 4 conditions,
long can the extension be and will I need
most construction projects except for
to pay for the delay?
public works projects, road and bridge
projects, and critical maintenance and It is inevitable that the suspension of
repairs, are still not permitted to resume. the works will result in the need for
According to the Schedule of Services: parties to revise the date for the practical
Draft Framework for Sectors published completion of a project. Clause 23.1
5 | DISPUTE RESOLUTION ALERT 13 May 2020DISPUTE RESOLUTION
Your JBCC Contract: COVID-19
and other curse words...continued
entitles a Contractor to “a revision of It is accordingly imperative that all parties
the date for practical completion by the comply with the JBCC Agreements in
Clause 23.1 of the JBCC principal agent without an adjustment of submitting and analysing claims relating
the contract value for a delay to practical to the extension of time. Clause 23.1 of
Agreements only provides
completion caused by one or more of the the JBCC Agreements only provides for
for the award of time and following events: the award of time and not the adjustment
not the adjustment of the of the contract value, and does not deal
…
contract value, and does with who should bear the ancillary costs
23.1.5 Exercise of statutory power by a incurred as a result of COVID-19, a prime
not deal with who should body of state or public or local authority example being the security services
bear the ancillary costs that directly affects the execution of the provided to secure the site, which, for the
incurred as a result of works purposes of the lockdown, is an essential
COVID-19. service and can accordingly operate
23.1.6 Force majeure” (our emphasis)
during this period. In an advisory note,
In order to claim for the revision of the the JBCC suggests that parties ought to
practical completion date, a Contractor consider sharing these costs amicably
would need to comply with the notification between them as fault would seemingly
and claim provisions set out in clauses 23.4 not be attributed to either party in
to 23.6 of the JBCC Agreements. In short, the circumstances.
the Contractor must:
Termination: Is this a ground to cut ties?
∞ Within 20 working days of becoming
aware of such delay, give notice to On the other end of the spectrum,
the Principal Agent of the intention to construction projects may need to be
submit a claim, failing which the claim suspended again in the future should
for a revised practical completion date the Alert Levels fluctuate and/or other
will be forfeited; circumstances occur which may lead to
the impossibility of the completion of
∞ Within 40 working days from when the
the project for either party. Clause 29.20
Contractor is able to quantify the delay
provides that “either party may give
caused to the programme submit a
notice of intention to terminate this
fully substantiated claim; and
agreement where:
∞ The claim should reference the clause
the Contractor relies on, identify the 29.20.2 Progress of the works has ceased
cause and effect of the delay on the for a continuous period of ninety (90)
practical completion date and identify calendar days, or an intermittent period
the working day period claimed. totalling one hundred and twenty (120)
calendar days as a result of a force majeure
Once the claim is submitted the Principal event or the exercise of statutory power by
Agent has 20 working days to respond a body of state or public or local authority
either granting, in full or in part, or refusing that directly affects the execution of the
the claim. works” (our emphasis)
6 | DISPUTE RESOLUTION ALERT 13 May 2020DISPUTE RESOLUTION
Your JBCC Contract: COVID-19
and other curse words...continued
Termination under clause 29.20.2 will not, overcome except for, ironically, ceasing to
aside from other contributory fact specific work and self-isolating. The facts of each
The clauses considering circumstances, be available to either party case will invariably have to inform whether
unless the required time period for the it would indeed be a force majeure for
termination and the
suspension of the works is satisfied. The the purposes of the JBCC Agreements.
revision of the practical applicability of this clause is thus largely However, it would seem that very few
completion date in these dependent on regulatory time periods contracting parties could have predicted
circumstances would be which have yet to be determined. the far-reaching effects of the disease
which emanated on the other side of
academic, if the relevant However, the clauses considering
the world. This would in itself be both
party cannot establish termination and the revision of the
indicative and persuasive.
practical completion date in these
whether the disease, or the circumstances would be academic, if the The “S-word”: Statute
effects thereof, is a force relevant party cannot establish whether
The JBCC Agreements include another
majeure or an exercise of the disease, or the effects thereof, is a
provision which would apply to the present
force majeure or an exercise of statutory
statutory power. So, is it? circumstances. This is the “exercise of
power. So, is it?
statutory power by a body of state or
The “F-word”: Force majeure public or local authority that directly
affects the execution of the works.” While
The JBCC Agreements define a force
there may be room for debate as to
majeure as “an exceptional event or
whether the national lockdown qualifies as
circumstance that:
a force majeure, there can be little doubt
∞ could not have been reasonably that the lockdown implemented under
foreseen the Disaster Management Act 57 of 2002
∞ is beyond the control of the parties, (Act) and the myriad of accompanying
and regulations would constitute an exercise
∞ could not reasonably have been of statutory power as envisaged in the
avoided or overcome”. JBCC Agreements.
Parties may argue that it is not necessarily Does the Principal Agent need to issue a
the COVID-19 disease itself that is stopping Contract Instruction?
activities on site, for example due to a The Contractor, in terms of clause 2 of the
large number of infected workers, but JBCC Agreements, is under an obligation
rather that it is the lockdown which would to comply with the law specified in the
be the main cause of the temporary JBCC Agreement.
suspension of the works. However, it can
be further argued that the disease, and In terms of clause 17 of the JBCC
the possible effects on the construction Agreements the Principal Agent may issue
sector generally, fits into this definition contract instructions to the Contractor
as it could not have been foreseen at the regarding the compliance with the laws
time of contracting, it would be beyond and regulations. The Principal Agent
the control of the parties to the JBCC therefore has a discretion in this regard.
Agreements and could not reasonably be
7 | DISPUTE RESOLUTION ALERT 13 May 2020DISPUTE RESOLUTION
Your JBCC Contract: COVID-19
and other curse words...continued
The JBCC, in its advisory note, is of able to operate during various Alert Levels.
the opinion that the Contractor has an This should be seen as an opportunity for
During these uncertain overarching statutory and contractual parties to JBCC Agreements to innovate,
obligation to comply with the law. It is contribute to the market and add value to
times, Contractors and
accordingly unnecessary for the Principal society during these unprecedented times.
Employers alike should Agent to issue a contract instruction
To ensure clarity going forward, parties to
strive for more innovative regarding compliance with any extension
future JBCC Agreements should consider
methods to conduct to the lockdown, the Act and its
the effects that future pandemics and
accompanying Regulations.
their business. government interventions may have
Once the fever stops? on a project and tailor their contracts
accordingly. This will ultimately ensure
During these uncertain times, Contractors
certainty, and minimise risks and
and Employers alike should strive for
costs associated with future disputes
more innovative methods to conduct
and litigation.
their business.
For current projects, communication
For instance, WinSun3D – a Shanghai
between the Employer, Contractor,
based 3D printing company –
Sub-Contractors and the Principal Agent
is manufacturing and selling
will be vital to establish clear milestones
“Print-While-You-Wait Isolation Pods”.
post lockdown, reach reasonable
In South Africa, the current Regulations
compromises and ensure that this
under the Act permit businesses to operate
contractual fever doesn’t turn into a
if they are supplying an essential service.
full-blown infection.
Moreover, construction firms who are
able to undertake projects which meet the
Joe Whittle, Reece May and
definition of an essential service will be
Lauren Loxton
8 | DISPUTE RESOLUTION ALERT 13 May 2020DISPUTE RESOLUTION
Is the ban on tobacco and liquor
unlawful and irrational?
Is the continued ban on the sale of (3) the transportation of liquor for
liquor and tobacco products really export purposes is permitted.
In order to fully appreciate justifiable? And, if so, is there a
(4) no special or events liquor
less-restrictive means for government
and discuss the licenses may be considered for
to achieve the same objective, while
Regulations, the starting ensuring sectors in the entire value
approval during the duration of
the national state of disaster.
point is to understand chain remain going concerns that
the levels of legislative provide secure jobs and contribute to 27 Tobacco products, e-cigarettes
much needed tax revenue? We unpack and related products
hierarchy in South Africa. the lawfulness of the respective ban on
The sale of tobacco, tobacco
liquor and tobacco, including whether
products, e-cigarettes and
the ban is unlawful but rationale and
related products is prohibited.”
if that is enough for government to
continue to enforce it. The singling out of these products is
unique in that they appear as provisions
On the eve of Thursday, 29 April 2020,
and not just as items listed (or excluded)
the Minister of Cooperative Governance
in the Regulations’ annexure dealing with
and Traditional Affairs, Dr Dlamini-Zuma
essential items.
published the Alert Level 4 Regulations
(Regulations). The more-detailed In order to fully appreciate and discuss
Regulations replaced all previous the Regulations, the starting point is
iterations. Of relevance to this article to understand the levels of legislative
are Regulations 26 and 27 which hierarchy in South Africa. The hierarchy
state respectively: applicable to legislation is as follows:
“26 Sale, dispensing or ∞ The Constitution, which is the supreme
transportation of liquor law of the Republic and any law of
conduct inconsistent with it is invalid.
(1) the sale, dispensing and
∞ Original legislation, which includes
distribution of liquor is
Acts of Parliament such as the Disaster
prohibited.
Management Act 57 of 2002 (DMA).
(2) the transportation of liquor ∞ Subordinate or delegated legislation
is prohibited, except where such as the promulgation of
alcohol is required for industries regulations or directives. This
producing hand sanitizers, law-making power is usually delegated
disinfectants, soap, alcohol for to certain persons, for instance under
industrial use and household the DMA the power is given to the
cleaning products. Minister of Cooperative Governance
and Traditional Affairs. The power may
also be granted to bodies established
under a particular piece of legislation.
9 | DISPUTE RESOLUTION ALERT 13 May 2020DISPUTE RESOLUTION
Is the ban on tobacco and liquor
unlawful and irrational?...continued
In terms of the relationship between That being said, the DMA does not
original legislation and subordinate empower the Minister to prevent the actual
Considering the nature of legislation, subordinate legislation may sale of tobacco and any other goods.
not be in conflict with original legislation, The only way that transactions may be
the pandemic, it appears
otherwise it would be ultra vires. However, regulated is in respect of transportation,
that the Minister is within if apparently contradictory provisions and separately by preventing people
her powers to regulate are capable of a sensible interpretation from physically attending at a premises
the sale of alcohol, even which would reconcile the apparent where tobacco is being sold. It is
contradiction, that interpretation should arguable then that where a retailer or
though it amounts to a be preferred. wholesaler/distributer has been granted
complete ban. permission to trade, it must be granted
Dealing with the liquor ban first,
permission to trade in its entire line
section 27(2)(i) of the DMA is clear in that
of stock at least until it is depleted.
the Minister may issue regulations or
Regulation 27 is aimed only at the sale of
directions concerning “the suspension
tobacco products and does not at all refer
or limiting of the sale, dispensing or
to the transportation or control of such
transportation of alcoholic beverages in
products nor to access of premises where
the disaster-stricken or threatened area”.
tobacco may be sold. This casts serious
Considering the nature of the pandemic,
concerns over the blanket prohibition
it appears that the Minister is within her
against the sale of tobacco products
powers to regulate the sale of alcohol,
(and indeed against the sale of other
even though it amounts to a complete ban.
products that an authorised retailer or
With respect to tobacco products, the wholesaler/distributer has in stock). It must
DMA does not expressly empower the always be remembered that as a state
Minister with any specific powers relating functionary, the Minister is only entitled
to the regulation of the supply chain to act within the limits of the empowering
and ultimate sale of tobacco products. legislation and any acts outside of those
However, what the DMA does allow the parameters will be unlawful.
Minister to do is to publish regulations
Furthermore, even if the Regulations did
or directions concerning “the regulation
control the transportation and access to
of the movement of persons and goods
premises where tobacco products are
to, from or within the disaster-stricken
sold, under the DMA and in relation to the
or threatened area” and “the control
specific list of powers, the Minister is only
and occupancy of premises in the
empowered to publish regulations and
disaster-stricken or threatened area”. Again,
directions to the extent that they:
considering the nature of the pandemic,
this could mean that transportation of ∞ assist and protect the public;
tobacco products (and any other products) ∞ provide relief to the public;
could be subject to regulation as well ∞ protect property;
as compelling the closure of a premises
∞ prevent or combating disruption; or
where tobacco may be sold.
∞ deal with the destructive and other
effects of the disaster.
10 | DISPUTE RESOLUTION ALERT 13 May 2020DISPUTE RESOLUTION
Is the ban on tobacco and liquor
unlawful and irrational?...continued
These are broad objectives and the amongst others, set a side Regulation 27.
Regulations or Directions published (in We understand that pursuant to Part A
In the case of banning the respect of all aspects thereof including of the court application Government has
the sale of liquor and tobacco) must serve decided to provide reasons to FITA for the
sale of tobacco, the power
these purposes. ban. At the date of writing this article we
just does not seem to be have not had sight of the reasons from
The ban on tobacco sales appears to be
present and no amount Government. The reasons, to the extent
more of a general public health issue than
of rational behaviour can something directly related to flattening
disclosed, may assist FITA to supplement
Part B of its application to refine its
justify acting outside of the the curve of infections; and in the absence
argument and grounds that the ban
confines of the law. of proper reasons from the Minister, the
is unlawful.
decision also reeks of irrationality.
As mentioned above, arbitrary conduct
Relatedly, and on that score, South Africa
is impermissible. The reasons by
is founded on the Rule of Law. This means
government, to the extent disclosed, may
that the government and its institutions
end up revealing such arbitrary/irrational
(including the President and members of
conduct or they could reveal that
the national executive when they make
government considered the matter
high-level decisions) must, at all times,
thoroughly and acted rationally. But
act in accordance with the “principle
even if the latter proves true, rationality
of legality”: they must act lawfully, in
is not the only standard with which to
good faith, for a proper purpose and
judge state conduct. State functionaries
rationally – no arbitrary public conduct is
like the Minister may only act within the
permissible in a constitutional democracy.
confines of the empowering legislation
Where the decisions have failed to meet
or law. In the case of banning the sale of
this standard, they have been set aside by
tobacco, the power just does not seem
the courts.
to be present and no amount of rational
As it currently stands, government has behaviour can justify acting outside of the
been threatened with legal action by confines of the law.
tobacco manufacturers for the ban,
Ultimately, if FITA does not withdraw its
with Fair Trade Independent Tobacco
application, it is hoped that the judgment
Association (FITA) representing some of
will clearly delineate the powers of the
the countries tobacco manufacturers
Minister under the DMA.
proceeding with a court application to,
Jackwell Feris, Imraan Abdulla
and Mukelwe Mthembu
11 | DISPUTE RESOLUTION ALERT 13 May 2020CDH’s Dispute Resolution practice is ranked as a Top-Tier Firm in THE LEGAL 500 EMEA 2020
Tim Fletcher is ranked as a Leading Individual in Dispute Resolution in THE LEGAL 500 EMEA 2020
Eugene Bester is recommended in Dispute Resolution in THE LEGAL 500 EMEA 2020
Jonathan Witts-Hewinson is recommended in Dispute Resolution in THE LEGAL 500 EMEA 2020
Pieter Conradie is recommended in Dispute Resolution in THE LEGAL 500 EMEA 2020
Rishaban Moodley is recommended in Dispute Resolution in THE LEGAL 500 EMEA 2020
Kgosi Nkaiseng is ranked as a Next Generation Partner in Dispute Resolution in THE LEGAL 500 EMEA 2020
Tim Smit is ranked as a Next Generation Partner in Dispute Resolution in THE LEGAL 500 EMEA 2020
Gareth Howard is ranked as a Rising Star in Dispute Resolution in THE LEGAL 500 EMEA 2020
CDH’s Construction practice is ranked in Tier 2 in THE LEGAL 500 EMEA 2020
Joe Whittle is recommended in Construction in THE LEGAL 500 EMEA 2020
Timothy Baker is recommended in Construction in THE LEGAL 500 EMEA 2020
Siviwe Mcetywa is ranked as a Rising Star in Construction in THE LEGAL 500 EMEA 2020
CHAMBERS GLOBAL 2017 - 2020 ranked our Dispute Resolution practice in Band 1: Dispute Resolution.
CHAMBERS GLOBAL 2018 - 2020 ranked our Dispute Resolution practice in Band 2: Insurance.
CHAMBERS GLOBAL 2020 ranked our Public Procurement sector in Band 2: Public Procurement.
CHAMBERS GLOBAL 2017 - 2020 ranked our Dispute Resolution practice in Band 2: Restructuring/Insolvency.
CHAMBERS GLOBAL 2020 ranked our Corporate Investigations sector in Band 3: Corporate Investigations.
Tim Fletcher ranked by CHAMBERS GLOBAL 2019 - 2020 in Band 3: Dispute Resolution.
Pieter Conradie ranked by CHAMBERS GLOBAL 2019 - 2020 as Senior Statespeople: Dispute Resolution.
Tobie Jordaan ranked by CHAMBERS GLOBAL 2020 as an up and coming Restructuring/Insolvency lawyer.
Jonathan Witts-Hewinson ranked by CHAMBERS GLOBAL 2017 - 2020 in Band 2: Dispute Resolution.
CDH HAS BECOME THE EXCLUSIVE MEMBER FIRM IN AFRICA FOR THE:
Insuralex Global Insurance Lawyers Group
(the world’s leading insurance and reinsurance law firm network). GLOBAL INSURANCE
LAWYERS GROUP
CLICK HERE TO READ MORE
12 | DISPUTE RESOLUTION ALERT 13 May 2020CLIFFE DEKKER HOFMEYR CLIFFE DEKKER HOFMEYR CLIFFE DEKKER HOFMEYR CLIFFE DEKKER HOFMEYR
BAND 1 BAND 2 BAND 2 BAND 2
Dispute Resolution Insurance Public Procurement Restructuring/Insolvency
2019
THE LEGAL DEALMAKER OF
THE DECADE BY DEAL FLOW
M&A Legal DealMakers of the
CLIFFE DEKKER HOFMEYR Decade by Deal Flow: 2010-2019.
2017-2020 2019 1st by BEE M&A Deal Flow.
BAND 3 2019 1st
by General Corporate
Finance Deal Flow.
Corporate Investigations
TIER 1 2019 2nd by M&A Deal Value.
Dispute Resolution 2019 2nd by M&A Deal Flow.
E-learning Offering
ST P
Our Employment practice recently launched an e-learning module:
A better place to work
The module will empower your organisation with a greater
appreciation and understanding of what constitutes sexual
SEXUAL harassment, how to identify it and what to do it if occurs.
CLICK HERE FOR MORE INFORMATION
13 | DISPUTE RESOLUTION ALERT 13 May 2020OUR TEAM
For more information about our Dispute Resolution practice and services, please contact:
Tim Fletcher Tobie Jordaan Mongezi Mpahlwa Joe Whittle
National Practice Head Director Director Director
Director T +27 (0)11 562 1356 T +27 (0)11 562 1476 T +27 (0)11 562 1138
T +27 (0)11 562 1061 E tobie.jordaan@cdhlegal.com E mongezi.mpahlwa@cdhlegal.com E joe.whittle@cdhlegal.com
E tim.fletcher@cdhlegal.com
Corné Lewis Kgosi Nkaiseng Roy Barendse
Thabile Fuhrmann Director Director Executive Consultant
Chairperson T +27 (0)11 562 1042 T +27 (0)11 562 1864 T +27 (0)21 405 6177
Director E corne.lewis@cdhlegal.com E kgosi.nkaiseng@cdhlegal.com E roy.barendse@cdhlegal.com
T +27 (0)11 562 1331
E thabile.fuhrmann@cdhlegal.com Richard Marcus Byron O’Connor Pieter Conradie
Director Director Executive Consultant
Timothy Baker T +27 (0)21 481 6396 T +27 (0)11 562 1140 T +27 (0)11 562 1071
Director E richard.marcus@cdhlegal.com E byron.oconnor@cdhlegal.com E pieter.conradie@cdhlegal.com
T +27 (0)21 481 6308
E timothy.baker@cdhlegal.com Burton Meyer Lucinde Rhoodie Nick Muller
Director Director Executive Consultant
Eugene Bester T +27 (0)11 562 1056 T +27 (0)21 405 6080 T +27 (0)21 481 6385
Director E burton.meyer@cdhlegal.com E lucinde.rhoodie@cdhlegal.com E nick.muller@cdhlegal.com
T +27 (0)11 562 1173
E eugene.bester@cdhlegal.com Rishaban Moodley Belinda Scriba Jonathan Witts-Hewinson
Director Director Executive Consultant
Jackwell Feris T +27 (0)11 562 1666 T +27 (0)21 405 6139 T +27 (0)11 562 1146
Director E rishaban.moodley@cdhlegal.com E belinda.scriba@cdhlegal.com E witts@cdhlegal.com
T +27 (0)11 562 1825
E jackwell.feris@cdhlegal.com Tim Smit
Director
Anja Hofmeyr T +27 (0)11 562 1085
Director E tim.smit@cdhlegal.com
T +27 (0)11 562 1129
E anja.hofmeyr@cdhlegal.com
BBBEE STATUS: LEVEL ONE CONTRIBUTOR
Cliffe Dekker Hofmeyr is very pleased to have achieved a Level 1 BBBEE verification under the new BBBEE Codes of Good Practice. Our BBBEE verification is
one of several components of our transformation strategy and we continue to seek ways of improving it in a meaningful manner.
This information is published for general information purposes and is not intended to constitute legal advice. Specialist legal advice should always be sought in
relation to any particular situation. Cliffe Dekker Hofmeyr will accept no responsibility for any actions taken or not taken on the basis of this publication.
JOHANNESBURG
1 Protea Place, Sandton, Johannesburg, 2196. Private Bag X40, Benmore, 2010, South Africa. Dx 154 Randburg and Dx 42 Johannesburg.
T +27 (0)11 562 1000 F +27 (0)11 562 1111 E jhb@cdhlegal.com
CAPE TOWN
11 Buitengracht Street, Cape Town, 8001. PO Box 695, Cape Town, 8000, South Africa. Dx 5 Cape Town.
T +27 (0)21 481 6300 F +27 (0)21 481 6388 E ctn@cdhlegal.com
STELLENBOSCH
14 Louw Street, Stellenbosch Central, Stellenbosch, 7600.
T +27 (0)21 481 6400 E cdhstellenbosch@cdhlegal.com
©2020 8956/MAY
DISPUTE RESOLUTION | cliffedekkerhofmeyr.comYou can also read
