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credible difference

We are legal experts in dispute resolution in Africa. We handle all forms of disputes from beginning to end, no matter where on the continent you do business.

 

PROVEN
TRACK RECORD
AFRICAN
FOOTPRINT
INTELLIGENS
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Proven track record

Major corporations, financial institutions, governments and regulatory bodies trust us to resolve their complex, sensitive disputes throughout the continent, and we are renowned for our ground-breaking, precedent-setting litigation work.

With specialist experience in prominent dispute resolution across the continent, we know the importance of ensuring that mediation, arbitration and litigation processes are fast and efficient, with as little disruption to your business as possible.

Our goal is to help you to proactively avoid disputes, manage risk and make the right decisions, so that you can protect your business and its reputation.

When stronger action and court cases are unavoidable, we work closely with you to establish the best strategy to achieve a successful outcome for you.

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African footprint

Multi-jurisdictional businesses face significant risks, as well as the challenge of complying with vastly different laws and regulations.

With offices in Eastern, Southern and Western Africa and more than 600 specialist practitioners, we have deep expertise and the capacity to solve all your legal, tax, forensics and IP requirements, and help you navigate regulatory hurdles, no matter where in Africa you do business.

Because we have had many years of practical experience working on the ground throughout the continent, we have developed a proven track record, we are fluent in local languages and have a solid understanding of local cultural, commercial and geopolitical contexts, as well as long-standing partnerships with trusted firms with whom we work.

With lawyers qualified to practise on the continent, as well as in English and French law, we provide legal services and assistance in Anglophone, Francophone and Lusophone countries, including all the countries which follow the OHADA system of business law.

We are able to advise in English, French, Portuguese, Cantonese and Mandarin, and we are also fluent in a plethora of African languages across Sub-Saharan Africa.

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intelligENS

Our in-house intelligENS team of legal and forensic technology experts collects and receives data and performs industry-standard techniques to increase the efficiency of any information-intensive review, including document review and e-discovery.

RelativityOne is the backbone to our AI-powered customised solutions and methodologies, and ENSafrica is the first law firm in Africa to offer this innovative platform.

We are therefore able to meet your legal needs quickly, seamlessly and with as little disruption to your business as possible.

at the forefront of class action cases
Legal 500 EMEA Guide
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team

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awards and rankings

ENSafrica is recognised by leading international ranking agencies, including Chambers Global, Legal 500, IFLR1000 and the World Tax Guide, for achieving consistently high standards.

Furthermore, the firm is a regular recipient of regional awards such as DealMakers and the African Legal Awards.

Chambers GlobalLegal 500IFLR1000Dealmaker Awards
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ENSafrica is experienced working with international clients and law firms, with strengths across Africa and notable successes in the mining, transportation and financial services sectors
Chambers Global Guide
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the team has a deep knowledge of the dispute resolution process ... they also take the time to understand the client’s business and tailor their advice accordingly
Legal 500 EMEA Guide
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comprehensive and strategic handling of disputes
Chambers Global Guide
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their dedication, attention to detail, responsiveness and high quality legal analysis has been very impressive
Legal 500 EMEA Guide
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going beyond the call of duty to ensure the best possible outcome for their clients
Chambers Global Guide
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expertise

Administrative 
and regulatory
Banking litigation Business fraud Class actions Commercial 
disputes
Competition litigation Constitutional litigation Construction 
and engineering
Corporate 
disputes
Corporate fraud 
forensic investigations
Crisis 
management
Cross‑border 
disputes
Customs, tax and 
exchange control
Derivative 
actions
Enforcement of arbitral 
awards and judgements
ESG and 
sustainability
Forensic 
accounting
Insolvency, restructuring 
and business rescue
Insurance IP‑related 
litigation
Mining 
litigation
Pension funds Product 
liability
Professional 
indemnity insurance
Public and 
administrative law
Regulatory 
enforcement
Securities 
litigation
Submissions re 
draft legislation
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experience

ONGOING RAIL DISPUTE
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.
STATE CAPTURE
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
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.
RESISTING ARBITRAL AWARD
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.
RECOVERY OF USD1-BILLION
Proceedings to recover USD1-billion taken from a Ghanaian bank by its former shareholders, through allegedly unlawful schemes.
SET ASIDE APPLICATION
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
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.
RESISTING ARBITRAL AWARD
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 DEFENCE
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.
CROSS-BORDER LITIGATION
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
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.
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news

 

expertise