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Africa: a Bright Future for Dispute Resolution
Africa: A bright future for dispute resolution As foreign investment in Africa increases, so does the need for international arbitration – but how can the continent grow this practice? We ask our panel of experts about the challenges By Gabriella Kane 23 May 2019 Arbitration is the most commonly used method of dispute resolution in Africa. Do you see this trend continuing for the foreseeable future and, if so, why? Aisha Abdallah, head of litigation, Anjarwalla & Khanna, Nairobi: Yes. Firstly, foreign direct investment is increasing and, with it, the demand for international arbitration. Secondly, the proliferation of arbitration centres across the continent is evidence of its growing importance as a means of alternative dispute resolution in Africa. This has the support of the judiciary, because it can help in easing the backlog in the court system. Thirdly, African governments are recognising the importance of arbitration in supporting economic development. For example, the Kenyan government has established the Nairobi Centre for International Arbitration (NCIA), as part of its plans to promote the capital city as a financial hub in the region. Adriaan Hoeben, dispute resolution executive, ENSafrica, Cape Town: There is no doubt that this trend will continue. The race for Africa is on, bringing with it ever- increasing projects in sectors including technology, media, telecommunications (TMT), infrastructure development and energy projects. These invariably involve parties from different jurisdictions who do not wish to entrust the resolution of their disputes to domestic courts. Furthermore, in some jurisdictions, corruption is rife and parties want the comfort of knowing that their disputes will be resolved by a tribunal that will not be affected by corruption. -
Werksmans Attorneys Has Continued to Cement Its Already Formidable Regulatory Position”
WERKSMANS ATTORNEYS Established in the early 1900s, Werksmans Attorneys is a leading South African corporate and commercial law firm serving multinationals, listed companies, financial institutions, entrepreneurs, individuals and government. OVER A TEAM NATIONAL 200 OF OVER FOOTPRINT LAWYERS 400 LEX AFRICA REPRESENTATION RANKED RANKED BAND 1 - IN OVER 20 AFRICAN BAND 1 IN DISPUTE LEADING REGIONAL COUNTRIES THROUGH RESOLUTON AND MEDIA LAW FIRM NETWORK BY THE WERKSMANS LEX & BROADCASTING BY CHAMBERS & PARTNERS AFRICA LEGAL ALLIANCE CHAMBERS GLOBAL 2019 Keep us close The Corporate & Commercial Law Firm www.werksmans.com A member of the LEX Africa Alliance With a formidable track record in mergers & ABOUT US acquisitions, banking & finance, and commercial litigation & dispute resolution, we are distinguished by the people, clients and work that we attract and retain. Our lawyers constitute a powerful team of independent-minded individuals who share a common passion and service ethos. Our success is built on a solid foundation of insightful and innovative deal structuring and legal advice; a keen understanding of business and economic imperatives; and a strong focus on achieving the best outcome for clients. As a corporate and commercial law firm, FOCUS AND we focus specifically on businesses’ agendas. APPROACH We make it our responsibility to understand the full impact of our advice on all facets of our clients’ businesses. We are geared for agility, efficiency and AGILE, EFFICIENT, accessibility through our geographic footprint, ACCESSIBLE the range of services we offer, the way we structure our teams and how we interact with our clients. A strong culture of teamwork and collaboration COLLABORATION exists across the diverse skills base of our AND TEAMWORK organisation, ensuring that skills are deployed to match each client’s requirements and that our clients receive the best and most comprehensive advice possible. -
ADVISORY BOARD MEETING MAY 11 and 12, 2016
BEST LAWYERS ADVISORY BOARD MEETING MAY 11 and 12, 2016 Bringing together the distinguished members of the Best Lawyers Advisory Board for discussions about management of law firms and in-house legal departments. elcome to the 2016 Best Lawyers Advisory WBoard Meeting. We are so pleased you are able to join us for the gathering of this unique group of the world’s preeminent law firm leaders and general counsel—a complete membership list appears in this brochure. For those arriving early May 11, Best Lawyers has organized a special viewing of Sylvia by the American Ballet Theatre at the Metropolitan Opera House at Lincoln Center. This showing of Sylvia will feature company leads Isabella Boylston, Alban Lendorf, and Danill Simkin. The performance will be preceded by a discussion about the ballet and followed by a backstage tour of the opera house. The same evening, Best Lawyers will host a dinner where board members can see old friends and meet new ones. welcome The board meeting will take place May 12 at the offices of Gibson, Dunn & Crutcher LLP. The meeting will focus on the challenges faced by law firm leaders and general counsel in our current economic climate. The meeting will feature a keynote address by Linda Klein, the incoming president of the American Bar Association, followed by a panel discussion chaired by former ABA president Carolyn Lamm on the globalization of the market for legal services and the impact of lawyer regulation worldwide. It is my pleasure to host this distinguished group, and I hope you enjoy the meeting. -
Pro Bono Practices and Opportunities in South Africa
Pro Bono Practices and Opportunities in South Africa INTRODUCTION The South African government and legal community have made significant strides towards improving access to justice for all in the Republic of South Africa (“South Africa”). The government operates, and continues to expand, a legal aid system that uses public funds to assist those in need of legal services. Likewise, law firms and law societies throughout the country have adopted mandatory pro bono requirements for attorneys. Nevertheless, it is widely recognized that the legal aid system falls short of meeting the needs of the poorest South Africans, particularly in view of the social and economic challenges the country has experienced since the end of the apartheid era. There has been significant growth in the number of legal NGOs offering services, though efforts by private law firms, the country's law societies and these NGOs only go part of the way to improving access to pro bono services. OVERVIEW OF THE LEGAL SYSTEM The Justice System Constitution and Governing Laws South African law is a ‘hybrid’ legal system, with its origins derived from both continental Europe and England. As a general rule, South Africa follows English law in both criminal and civil procedure as well as in company law and the law of evidence. On the other hand, Roman-Dutch common law is followed in contract law, law of tort, law of persons, law of things, family law, etc.1 In the post-apartheid era room has also been made for the recognition of traditional African customary law.2 International law is incorporated into domestic law and becomes binding via adoption in the country's parliament. -
Pro Bono in the Private Sector 8 Emerging Pro Bono Practices 8
GIVING HOPE AND DIGNITY TO THE POOR: The story of ProBono.Org Case Study Case study conducted for The Atlantic Philanthropies September 2009 Written by Tom Lebert, Umhlaba Associates Hospice Palliative Care Association of South Africa (HPCASA)/ProBono.Org meeting, November 2008 Photograph: Helen McDonald Key HPCASA Hospice Palliative Care Association of South Africa LAB Legal Aid Board LHR Lawyers for Human Rights LRC Legal Resources Centre NGO Non-governmental organisation PILCH Public Interest Law Clearing House PLWHA People living with HIV and Aids SAHRC South African Human Rights Commission 2 GIVING HOPE AND DIGNITY TO THE POOR: THE STORY OF PROBONO.ORG Table of Contents I. Introduction 5 II. Background and Context to the Establishment of ProBono.Org 7 The decline of the public interest legal sector 7 Pro bono in the private sector 8 Emerging pro bono practices 8 III. The Establishment and Operations of ProBono.Org 11 Piloting the clearing house model 11 Setting-up ProBono.Org 11 The ProBono.Org Board 14 ProBono.Org and the clearing house model 15 ProBono.Org staff capacity 15 Current approaches and strategies 16 Networking and relationships with fraternal organisations 19 Funding 21 Impact and outcomes 21 IV. Benefits of the Clearing House Model 23 V. Challenges and Lessons Learned 25 VI. Conclusion 27 GIVING HOPE AND DIGNITY TO THE POOR: THE STORY OF PROBONO.ORG 3 Odette Geldenhuys, founder and director of ProBono.Org Photograph: Helen McDonald 4 GIVING HOPE AND DIGNITY TO THE POOR: THE STORY OF PROBONO.ORG I. Introduction “ Law firms and bar n South Africa, immigrants, farm workers, the rural poor, and the gay community are among the population groups regularly denied access to councils may seem to Irights, services and justice. -
Palace Coup at Werksmans
R2880 news you’re not supposed to know (including VAT ) noseweek 80JUNE Palace coup 2006 at Werksmans The man who shot the dog who ate the chicken Wild Bill Venter falls for schlenter Food and crime 2 noseweek May 2006 SUBSCRIBE to noseweek and SAVE R68 on the shop price: see PAGE 29 JUNE2006 ISSUE80 Don’t June me skeef – we’re almost halfway through year already and Illustration: DR JACK I still haven’t 8 Palace coup at got your ad! Werksmans 4 Letters Lester’s Sleepy Hollow n Back on top with Black Top n Beemer me up! n Springbok colours for noseweek n Eek! The Grahamstonians are coming! 5 Dear Reader Home truths n Voters don’t want shit in their water 6 Mr Nose In Memorium: Stella Sigcau n Hlophe, faith and charity 12 Flight to nowhere South Africa appears to have been party to the illegal abduction of a Pakistani national KEN FORRESTER WINES 16 Head to head at Sasol Recruitment consultants are scrabbling over the hefty commission for recruiting an executive at the petrochemical giant 19 The man who shot the dog who ate the chicken Passion, death and revenge in Sandbaai 22 Venter renter schlenter The Great Dr Bill is not expected to be pleased Contact when the world discovers that his son-in-law gulled him Adrienne de Jongh 23 Minister sinks port plan Mfeketo was all at sea [email protected] 24 A load of Bush Never misunderestimate the president 25 Law of the B®and Absolut madness 26 Food and crime Why should a link between diet and behaviour be Advertise suirprising? 28 Web dreams We’re all doomed, doomed NOW! 30 NoseArk Greenie, green thyself! 32 Wine The grapes of wrath in noseweek 34 Last Word Squirrel cage SUBSCRIBE to noseweek and SAVEnoseweek R68 May 2006 on the shop price: see PAGE3 29 Letters Lester’s Sleepy Hollow year to almost R13,000. -
Werksmans. Activate Your Legal Career with Us
Werksmans. Activate your legal career with us. > Keep us close The Corporate & Commercial Law Firm werksmans.com/graduates A member of the LEX Africa Alliance WELCOME WELCOME INTRODUCTION FROM WERKSMANS LOOKS FOR ATTORNEYS THE CHAIRMAN WITH A PASSION FOR LIFE, LEARNING, EXPERTISE AND INTELLECT Welcome to our brochure. Our calling card. Our articulation of what makes Werksmans such a Although all very different, our people are bound by a common drive to be involved in the matters that define South Africa today, and that will shape unique place. In paging or clicking through this document you will get a strong sense of the human the country of the future. reality of our firm - of that buzz people talk about once they have walked through our doors. Established in the early 1900s, Werksmans Attorneys is a leading South African corporate and commercial law firm serving multinationals, listed Werksmans is full of compelling people with wide ranging interests that stretch well beyond the law. companies, financial institutions, entrepreneurs and government. This is no accident. We seek them out. ‘We will find you!’ people often say at Werksmans. If you do great work, we will find you and give you more. In our business, diversity is not a marketing catch Operating in Gauteng and the Western Cape, and a member of the LEX Africa Alliance and The Interlex Group, the firm’s reputation is built on the phrase, it is an essential part of our strategy. The rationale is simple: real people with real interests combined experience of Werksmans and Jan S. de Villiers, which merged in 2009. -
Firm Brochure 2020 V3
Werksmans Attorneys Established in the early 1900s, Werksmans Attorneys is a leading South African corporate and commercial law firm serving multinationals, listed companies, financial institutions, entrepreneurs, individuals and government. Over 200 A team of National lawyers over 400 footprint LEX Africa ranked Representation in Ranked tier 1 in dispute tier 1 - the leading over 20 African resolution, media & regional law countries through broadcasting and firm network the Werksmans LEX restructuring & by Chambers Africa alliance insolvency by Chambers & Partners Global 2020 THE CORPORATE & COMMERCIAL LAW FIRM A member of the LEX Africa Alliance www.werksmans.com With a formidable track record in mergers About us & acquisitions, banking & finance, and commercial litigation & dispute resolution, we are distinguished by the people, clients and work that we attract and retain. Our lawyers constitute a powerful team of independent-minded individuals who share a common passion and service ethos. Our success is built on a solid foundation of insightful and innovative deal structuring and legal advice; a keen understanding of business and economic imperatives; and a strong focus on achieving the best outcome for clients. As a corporate and commercial law firm, Focus and we focus specifically on businesses’ agendas. approach We make it our responsibility to understand the full impact of our advice on all facets of our clients’ businesses. We are geared for agility, efficiency and Agile, efficient, accessibility through our geographic accessible footprint, the range of services we offer, the way we structure our teams and how we interact with our clients. A strong culture of teamwork and collaboration Collaboration exists across the diverse skills base of our and teamwork organisation, ensuring that skills are deployed to match each client’s requirements and that our clients receive the best and most comprehensive advice possible. -
Celebrate Annual Report 2009
Celebrate Annual Report 2009 Contents Letter from the Chair 1 Director’s Report 3 Celebrate Clients 4 Celebrate Lawyers 6 Celebrate Basic Rights 8 Celebrate Staff 10 Celebrate Donors 11 Celebrate Board of Directors 12 Annual Financial Statements for the period ended 30 September 2009 13 Letter from the Chair This Annual Report covers the period 1 October 2008 to 30 September 2009. During this period ProBono.Org was among six NGOs selected to participate in The Atlantic Philanthropies’ Sustainability for Human Rights Organisations Programme, which aims to promote the sustainability of civil society organisations working in the area of human rights among the poor. Sustainability in this context is a holistic, systemic process that includes the effective use of human and financial resources and strategies for lasting impact and to create an enduring organisation. At the outset of the programme, the reviewer had this to say about ProBono.Org: “There surely can be no questioning the social value of ProBono.Org. An organisation such as this is absolutely critical in any society if justice is to be accessible to all. Not only does ProBono.Org serve this purpose alongside several other organisations in Gauteng and elsewhere, but it also occupies an important niche which has yet to be filled in this country – one which draws on, and builds, the goodwill and social conscience of the legal community.” - Review of the Advancement Capacity of ProBono.Org, Sean Jones, October 2008 The reviewer went on to comment on the organisation’s very limited capacity not only for core work, but also for advancement (fundraising and promotion). -
NEWSLETTER Vol
NEWSLETTER Vol. 25 No. 3 August 2014 This newsletter is published The wind of change is upon us (did you know this phrase is attributable to the British four times a year Prime Minister Harold MacMillan in an address he made to the SA Parliament in 1960? – me neither); not only has the committee some fresh faces but there’s been a bit of OSALL movement in our field, particularly down here in the Cape. Brownie points to the P.O. Box 783779 person who can identify which game this reminds them of? Sandton, 2146 http://www.osall.org.za It started with Annalise de Wet moving from Edward Nathan Sonnenbergs (ENS) to Bowman Gilfillan; I moved from Werksmans Attorneys to Norton Rose Fulbright; Erna Pienaar moved from ENS to Werksmans Attorneys and finally, Silvia January has left OSALL Committee members the WC High Court to work at ENS and all this in the space of a few months! Must be Lydia Craemer something in the air down here. I have also heard Meryl Federl has joined the Jhb Bar (Chair) Library as their archivist.. Congratulations to everyone on their new appointments. Email: [email protected] However enough of the head-spinning movements of South African law librarians; let Charmaine Bertram (Vice-chair) me rather tell you what’s featuring in the newsletter. Tel: (011) 685 8728 [email protected] For those of you who weren’t able to attend the AGM (‘twas my first one ever – a Marina Rubidge veritable AGM newb) all the committee reports have been included for your perusal. -
Efficient Discrimination and the South African Legal Profession
Michigan Journal of International Law Volume 23 Issue 3 2002 No Black Names on the Letterhead? Efficient Discrimination and the South African Legal Profession Lisa R. Pruitt University of California, Davis, School of Law Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Civil Rights and Discrimination Commons, Comparative and Foreign Law Commons, Law and Race Commons, and the Legal Profession Commons Recommended Citation Lisa R. Pruitt, No Black Names on the Letterhead? Efficient Discrimination and the South African Legal Profession, 23 MICH. J. INT'L L. 545 (2002). Available at: https://repository.law.umich.edu/mjil/vol23/iss3/2 This Article is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. NO BLACK NAMES ON THE LETTERHEAD? EFFICIENT DISCRIMINATION AND THE SOUTH AFRICAN LEGAL PROFESSION Lisa R. Pruitt* INTRODUCTION ...................................................................................... 547 I. A BRIEF HISTORY OF 20TH CENTURY SOUTH AFRICA ................. 553 II. THE LEGAL PROFESSION DURING APARTHEID .............................. 561 III. THE POST-APARTHEID LEGAL PROFESSION .................................. 573 A. Reform in Legal Education and Regulation of the Profession -
Cape Law Society Memela, NC Bsc LLB, Gunstons Attorneys, Cape Town, 3-2-2017
to the profession ADMISSIONS Issue 2/2 2017 Mcaciso, Z LLB, Cliffe Dekker Hofmeyr, Cape Town, 5-5-2017. McKenzie, LK LLB, Van Der Spuy, Paarl, 3-2-2017. Cape Law Society Memela, NC BSc LLB, Gunstons Attorneys, Cape Town, 3-2-2017. Meyer, AE LLB, Mostert & Bosman, Cape Town, 5-5-2017. Meyer, N LLB, University of Stellenbosch Legal Aid Clinic, Stelle- Admitted attorneys bosch, 2-6-2017. Meyer, PJ LLB, Guy & Associates, Cape Town, 3-6-2017. Abrahams, E LLB, Rushmere Noach Inc, Port Elizabeth, 31-1-2017. Mgolodela, LM LLB, Von Seidels, Cape Town, 5-5-2017. Amoateng, MF LLB, Ashersons Attorneys, Cape Town, 3-3-2017. Moller, CF LLB, Marais Muller Yekiso, Kuilsriver, 3-3-2017. Armoed, L LLB, Jason Freel and Associates Inc, Cape Town, 3-3- Moolman, LJ BCom LLB, Laubscher & Hattingh, Cape Town, 3-2-2017. 2017. Muir, AL LLB, Webber Wentzel, Cape Town, 2-6-2017. Badenhorst, PA BA LLB, Cluver Markotter, Stellenbosch, 5-5-2017. Muller, RG LLB, Marais Muller Hendricks Inc, Stellenbosch, 3-3-2017. Bam, K LLB, Mostert & Bosman, Cape Town, 3-3-2017. Muloiwa, KRW LLB, Gunstons Attorneys, Cape Town, 3-2-2017. Battiss, AM LLB, McWilliams & Elliott Inc, Port Elizabeth, 7-3-2017. Murphy, GA LLB, Van Noordwyk Attorneys, Kuruman, 2-6-2017. Bekeer, CN LLB, Webber Wentzel, Cape Town, 3-3-2017. Naicker, P LLB, Fairbridge Arderne & Lawton Inc, Cape Town, 3-2- Berman, UG BCom LLB, Athlone Justice Centre, Athlone, 11-4-2017. 2017. Blignaut, GA BCom LLB, ENS, Cape Town, 3-2-2017. Naidoo, CR LLB, Cluver Markotter, Stellenbosch, 3-2-2017.