Litigation and Alternative Dispute Resolution
MHA provides litigation and alternative dispute resolution (mediation and arbitration) services to its clients, focusing mainly on commercial litigation, administrative and constitutional law, labour matters, regulatory matters and property leasing.
Key litigation and alternative dispute resolution projects we have been involved in are:
MHA provides litigation and alternative dispute resolution (mediation and arbitration) services to its clients at both High Court and Lower Court levels focusing mainly on commercial litigation, administrative and constitutional law, labour matters, regulatory matters and property transactions.
The commercial litigation division acts for major corporate clients including but not limited to the regulators, banking associations, petroleum companies, and parastatals. It also draws on the considerable expertise of other divisions where within the firms where necessary. The services we provide include:
- Urgent applications and interdicts.
- Commercial litigation comprising issuing of summons and applications up to issuing of warrants and garnishee orders where applicable.
- Eviction applications focusing both on commercial and residential evictions.
- Commercial arbitration.
- Constitutional and administrative law.
- Unlawful competition and restraint of trade.
- Competition law including prohibited practices.
- Insolvency law.
The litigation department comprises of Mr Leslie Mkhabela and Babatunde Adekeye both of whom have over 15 years’ experience who are supported by Moleboge Lekwane, Ehiremen Enabor and Moleboheng Moleko.
MHA has extensive experience in respect to litigation and alternative dispute resolution and has to date advised its various clients on the following matters, some of which attracted media attention:
- Newshelf / Mvelaphanda – arbitration relating to a commercial dispute in respect of mining rights over the Booysendal Platinum Project.
- PetroSA / Imvume – court action for the recovery of funds irregularly paid by PetroSA.
- Myeleti / Genorah Resources – review application in respect of irregular award of mineral rights.
- Landbank / LDFU Loan Book – recovery of a substantial loan book in respect of loans advanced by the Land Bank outside its statutory mandate.
- Clarke / Kwezi Mining – shareholder dispute estimated at $40 million.
- Kwezi / Goldrose – this matter concerned alleged minority shareholder oppression by our client, Kwezi Mining.
- JOSHCO / Abyssinia Business and Property Investment (Pty) Ltd – Despite the technicalities that the Respondent in the matter sought to raise, MHA successfully obtained the eviction of Abyssinia from one of its prime commercial properties recently.
- Baggage Protection Services / ACSA – successfully defended a review application brought against ACSA by a despondent bidder on allegations of tender irregularity in relation to the baggage wrapping tender.
- Mansingh / The president of the Republic of South Africa, the Johannesburg Bar Council and other – acted for the Johannesburg Bar Council in defending the eligibility by the president to confer silk status to advocates.
- Mobile TV / ICASA and Multichoice – successfully defended an urgent application by Mobile TV to stop the launch the Multichoice mobile TV, thus questioning the legality of the award of the licence by ICASA to Multichoice.
- DFS Flemingo / ACSA – acting for ACSA in a review pertaining to alleged irregularities in the award of the tender for the operation of the duty free shops at all national airports.
- Black Earth Communications / ICASA – successfully defended the award by ICASA of various cable subscription licenses to the exclusion of Black Earth Communications.
- Afriforum / Julius Malema and the African National Congress – the case involving the prohibition of signing a certain political struggle song.
- Competition Commission / South African Breweries Limited – the matter involved various alleged contraventions of the Competition Act.
- ANC / Independent Newspapers – defending the ANC in a an application for disclosure of an internal report into the so called “brown envelope journalism”.
- ANC / VAWDA – representing the ANC in an appeal against the banning of certain struggle songs.
- Siyaya Transporters / Total South Africa – Acting for Total South Africa in a commercial arbitration pertaining to a dispute arising from a contested termination of a lucrative fuel transport agreement.
- Project Management Solutions Africa / Supplier Parks Development Company – commercial arbitration dispute between the parties in respect of payments allegedly due and payable in terms of a contract for the development of the Automotive Supplier Park, Rosslyn.