We were instructed jointly by a national forensics investigation agency in South Africa and a South African rail, port and pipeline company to apply for the attachment and forfeiture of funds to the value of ZAR4.2-billion held in the bank accounts of a foreign rolling stock manufacturer, on the basis that the funds were the proceeds of unlawful activities, pursuant to the supply of locomotives by the manufacturer to the rail, port and pipeline company. A preservation order was granted and the matter is ongoing. The application is one of national importance for the rail, port and pipeline company.
RECOVERY OF ZAR12-BILLION
Litigation against a global retailer in South Africa and recovery of ZAR12-billion for one of the retailer’s largest shareholders, which suffered significant losses in the share price crash after irregularities were picked up in the retailer’s financials.
Representing a national development finance institution in South Africa against an investment firm in relation to the recovery of ZAR287-million worth of debt arising from the termination of a loan agreement. This followed illegal activities by the investment firm which were addressed by the State Capture Commission. The litigation included collateral proceedings in the USA relating to bank documentation.
BUSINESS INTERRUPTION CLAIMS
Claims by three major mining companies against insurers for coverage under the contagious and infectious disease extension clause of assets all risks insurance policies for business interruption losses suffered during the Covid-19 pandemic. These are some of the largest business interruption claims in the South African insurance market.
USD12-million dispute between a major real estate owner in Kampala and a global bank regarding the legality of foreign lending in Uganda without a regulator’s licence.
Appearing in Mauritius for a South Asian Government to challenge a foreign arbitral award delivered by the Permanent Court of Arbitration in the Hague, following a tax dispute between the Government and an international oil and gas company.
PRECEDENT-SETTING JUDGMENT
Successful defence of a major bank in South Africa’s Constitutional Court regarding the interpretation of the Prescription Act in circumstances where the mortgage bond securing the debt is cancelled after prescription starts running. This was a precedent-setting judgment.
Proceedings to recover USD1-billion taken from a Ghanaian bank by its former shareholders, through allegedly unlawful schemes.
Representing a Rwandan energy group against an Indian power transmission firm in a set aside application of an arbitral award by an ad hoc arbitral tribunal in which the energy group was ordered to pay the power transmission firm around USD24-million, as well as USD6.79-million in interest, compound interest and costs.
Successful defence of a major bank in South Africa’s High Court in a matter instituted by the National Credit Regulator and the National Credit Tribunal, relating to consumers entering into credit agreements simultaneously with an agreement to use a motor vehicle purchased on credit.
Appearing in Mauritius and South Africa to resist the recognition and enforcement of an arbitral award of more than EUR50-million against a Southern African Government, following a commercial arbitration initiated by a German entity.
Successful representation of the winning bidder in a tender process for the provision of specialised telecommunications services to a provincial government in South Africa, in several court applications instituted by our client, a telecommunications company, which contested that its contract with the government had ended, after which the government defamed our client.
Acting on behalf of a global coffee and beverages firm in respect of a number of litigious issues in Hong Kong, Kenya and South Africa, with simultaneous co-ordination of local and cross-border litigious proceedings in those jurisdictions.
Successful defence of a telecommunications company in South Africa’s High Court, Supreme Court of Appeal and Constitutional Court which allowed it to continue providing fibre optic cable after a new political party took over the administration of a South African city and tried to halt the project, despite the company having already spent USD37-million. Our client has also issued summons against the city for more than ZAR1.1-billion.