Practice AREA

Litigation and Dispute Resolution

Our litigation and dispute resolution practice has established itself as a resourceful and comprehensive provider of litigation support for our clients. We represent businesses and institutions in both the public and private sectors, in mediation and arbitration proceedings, regulatory and statutory tribunals, industry ombudsman, statutory inquiries, forensic investigations, and in high court litigation.

The firm has advised blue-chip companies, government departments, and state-owned enterprises in numerous complex and precedent-setting cases and frequently represents clients in the Constitutional Court and Supreme Court of Appeal.

The department is headed by MHA’s Managing Director, Leslie Mkhabela, a renowned litigator who has practiced in the field of corporate commercial litigation and has been involved in numerous dispute resolution mechanisms for the past 25 years. He is supported by a fellow Director, Ehi Enabor, and a team of professionals.

We represent clients in various areas, including:

  • Administrative and regulatory matters
  • Banking and finance
  • Business fraud
  • Construction and engineering
  • Contractual disputes
  • Information, communications, and technology
  • Insurance
  • Mining
  • Procurement
  • Property
  • Employment
  • Debt collection

We provide mindful, cost-effective, and time-sensitive litigation services to our clients. Our main focus areas are commercial litigation, administrative and constitutional law and labour matters.

  • Successfully represented the South African Diamond and Precious Metals Regulator in the Constitutional Court in a dispute regarding the constitutionality of certain legislative amendments.
  • Represented (Newshelf / Mvelaphanda) in an arbitration relating to a commercial dispute in respect of mining rights.
  • Represented PetroSA court action for the recovery of funds irregularly paid by PetroSA.
  • Represented (Myeleti / Genorah Resources) in a review application involving an irregular award of mineral rights.
  • Acted for the Land Bank in the recovery of a substantial loan book relating to loans advanced by the Land Bank outside its statutory mandate.
  • Acted for the Johannesburg Bar Council in defending the eligibility of the president to confer silk status to advocates.
  • Acted for ICASA in the successful defence of an urgent application by Mobile TV to stop the launch of Multichoice mobile TV.
  • Successfully defended the award by ICASA of various cable subscription licenses to the exclusion of Black Earth Communications.
  • Represented Julius Malema and the African National Congress in the case involving the prohibition of the singing of a certain political struggle song.
  • Defended the ANC in an application for disclosure of an internal report into the so-called “brown envelope journalism”.
  • Representing the ANC in an appeal against the banning of certain struggle songs.
  • Acting for Total South Africa in a commercial arbitration arising from a contested termination of a lucrative fuel transport agreement.
  • Represented (Project Management Solutions Africa / Supplier Parks Development Company) in a 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.
  • Represented Diageo SA in the High Court for the urgent recovery of high-value intellectual property.
  • Represented Johannesburg Roads Agency in relation to an adjudication instituted by a contractor.
  • Representing Transnet in relation to proceedings before the Competition Tribunal, in proceedings in relation to a review application pertaining to its port operations.
  • Represented the Consumer Affairs Division of ICASA in relation to proceedings before the Complaints and Compliance Committee regarding complaints brought against Telkom and MTN.
  • Represented MTN in relation to a high court action instituted by an aggrieved customer in relation to the ‘iPhone 4 Life’ promotion.
  • Represented ICASA in high court proceedings instituted by MultiChoice.
  • Represented the City of Johannesburg in relation to a review application instituted by a private entity regarding a disputed procurement process.
  • Represented a private individual in proceedings before the Press Ombudsman in relation to a complaint against various articles wrongfully published by the Mail & Guardian.
  • Represented the Zion Christian Church in relation to proceedings before the Press Ombudsman regarding an article published in the Sunday World.
  • Represented SekelaXabiso in relation to various matters in the High Court and Magistrates Court.
  • Appeared before the SIU on behalf of a private client regarding an investigation into irregular expenditure by the City of Tshwane.
  • Representing Transnet in a significant number of actions and applications brought by and against it by individuals and companies. The disputes relate to delictual and insurance-related claims against Transnet related to veld fires and railway crossing incidents.
    Represent Total South Africa (Pty) Ltd in a High Court Application in a delictual dispute arising from a collapse of the roof structure at one of the fuel stations owned by Total South Africa. The claimamounts to R900 000.00. (Case No. 16965/2019)
  • Represented the Midvaal Local Municipality in High Court litigation in a dispute arising from the alleged unlawful transfer of property by the Municipality and a declaration of the alienation of the immovable property invalid. MHA successfully represented the Municipality, and it was ruled that the transfer of property was valid and was awarded costs in the matter. We are currently involved in executing the costs order in the judgment. (Case No. 16443/2021)
  • Appointed to represent the families of the victims of the Lily Mine Disaster which occurred on 6 February 2016. This high-profile matter has had recent judgments delivered which place a duty on theBusiness Rescue Practitioners to implement the Business Rescue Plan, part of which includes the retrieval of the bodies. (Case No. 3651/2019 and Case No. 549/2021)
  • Represented lthuba in an urgent application brought by a previous commercial partner which involved various aspects of commercial law and lottery activities.
  • Represented Zamani and Ithuba (the incumbent lottery operator) in a review application in terms of which it sought to review and set aside an arbitration award directing the incumbent lottery operator to grant management oversight to HCI.
  • Represented Diageo in relation to a commercial dispute with a service provider refusing to return Diageo property following the termination of its services, which resulted in an urgent application to the High Court for an order directing the return of the property, valued at over R 30 million.
  • Represented Diageo in relation to the eviction of an unlawful occupier residing on premises owned by Diageo, in litigation arising from the termination of a service provider’s contract for fraudulentconduct, and in relation to the recovery of funds advanced to a commercial partner that breached its contractual obligations.
  • Represented the IDC in relation to urgent perfection applications against their various companies that defaulted in their loan agreements with the IDC.

Reported Judgements:

  • Mansingh v General Council of the Bar 2014 (2) SA 26 (CC)
  • Islamic Unity Convention v Minister of Telecommunications 2008 (3) SA 383 (CC)
  • Minister of Defence and Military Veterans v Motau 2014 (5) SA 69 (CC)
  • South African Diamond Producers Organisation v Minister of Minerals and Energy 2017 (6) SA 331 (CC)
  • Shabangu v Land and Agricultural Development Bank of South Africa 2020 (1) SA 305 (CC).
  • Big Five Duty Free (Pty) Limited v Airports Company South Africa Limited [2017] 4 All SA 295 (SCA)
  • Panamo Properties 103 (Pty) Ltd v Land and Agricultural Development Bank of South Africa 2016 (1) SA 202 (SCA)
  • Firstrand Bank Limited v Land and Agricultural Development Bank of South Africa 2015 (1) SA 38 (SCA)
  • Minister of International Relations and Co-operation v Simeka Group (Pty) Ltd [2023] 3 All SA 323 (SCA).
  • Moyane v Ramaphosa [2019] 1 All SA 718 (GP).

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