Dispute Resolution Lawyers

Qualifications:

  • BA LLB
  • Attorney of the High Court of South Africa

Hulme Scholes

Hulme is a director of Malan Scholes Inc. He was admitted as an attorney in 1995. His area of expertise is in mining and environmental law and dispute resolution. He has in-depth knowledge of mineral rights issues and BEE transactions in this industry. He sits on the boards of various mining companies as a non-executive director and has a practical understanding of the industry, having begun his career as a Learner Official on the then Rand Mines Limited Harmony Gold Mine.

Hulme is recognised by Best Lawyers® (2020) for his expertise in mining law.

hscholes@malanscholes.co.za

+27 (0)10 020 5031

Recent Experience:

  • Reviewing and advising on the Mining Charter(s), including drafting and launching the application in the High Court of South Africa, Pretoria, to challenge the validity of the Mining Charter(s) (2016; 2017).
  • Advising the purchaser, Seriti Coal (Pty) Ltd, on the sale of the South African Anglo American PLC’s coal assets (2017).
  • Counsel for ERPM and DRDGold Ltd in the Silicosis class action (2015, 2016, 2017).
  • Acted for numerous mining houses in review applications against decisions taken (or a failure to take a decision) by the regulators of mineral resources, water and sanitation and environmental affairs, including decisions in respect of mining and prospecting right applications, section 11 applications and appeals.
  • Drafting of numerous appeals in terms of the Mineral and Petroleum Resources Development Act, 2002, the National Environmental Management Act, 1998, the National Water Act, 1988 and the Mine Health and Safety Act, 1996.
  • Advising clients on the BEE obligations contained in the Mineral and Petroleum Resources Development Act, 2002 and the Mining Charter(s).
  • Advising clients on the payment of royalties in accordance with the provisions of the Royalties Mineral and Petroleum Resources Royalty Act, 2008 and the Royalties Mineral and Petroleum Resources Royalty (Administration) Act, 2008.
  • Advising clients on and assisting clients in determining whether there are land claims in respect of properties.
  • Advising clients on the civil and criminal liability of directors, in their personal capacities, for the failure of a company to comply with environmental legislation.

Qualifications:

  • BCom LLB
  • Certificate in Advanced Company Law 1
  • Certificate in Mining and Prospecting Law
  • Attorney of the High Court of South Africa

Serika Singh

Serika is a director of Malan Scholes Inc. She was admitted as an attorney in 2011. Her area of practice is dispute resolution. She primarily deals with High Court litigation matters with a focus on administrative law, mining and environmental law, land-use and commercial litigation as well as advising on commercial disputes and disputes with the State, including the regulators of mineral resources.

ssingh@malanscholes.co.za

+27 (0)10 020 5022

Recent Experience:

  • Acted for numerous mining houses in review applications against decisions taken (or a failure to take a decision) by the regulators of mineral resources, including decisions in respect of mining and prospecting right applications, section 11 applications and section 96 appeals.
  • Assisted numerous mining houses with internal appeals in terms of the Section 96 of the Mineral and Petroleum Resources Development, 2002 against decisions taken by the regulators of mineral resources.
  • Advised mining houses on the process contemplated in section 54 of the Mineral and Petroleum Resources Development, 2002.
  • Advised clients in relation to eviction applications.
  • Advised numerous mining houses on their rights to access prospecting and mining areas and disputes in relation to lease agreements over prospecting and mining areas.
  • Advised mining houses in relation to notices issued to mining houses in terms of section 54 of the Mine Health and Safety Act, 1996 to stop mining operations.
  • Advised clients on the Regulation of Gatherings Act, 1993.
  • Acted for clients in numerous urgent court applications, including applications to interdict unlawful stoppage of mining operations and illegal mining.
  • Advised and acted for clients in legal proceedings regarding commercial disputes relating to coal supply agreements and contract mining agreements.

Qualifications:

  • BA LLB
  • Attorney of the High Court of South Africa

Luanne Chance

Luanne is a senior associate at Malan Scholes Inc. She was admitted as an attorney in 1992. Her area of expertise is dispute resolution.  Luanne has worked in the banking-, oil and petroleum-, insurance- and construction sectors.

lchance@malanscholes.co.za

+27 (0)10 020 5034

Recent Experience:

  • Acted on behalf of one of the major banks in implementing a 2016 Constitutional Court judgement in returning over 100 properties back to the ex-owners arising out of property fraud.
  • Assisted the home loan department of a major bank in disputes over the ownership of properties.
  • Assisted with disputes arising out of credit agreements and the application of the National Credit Act.
  • Acted on behalf of a multinational oil and petroleum company in respect of their franchise agreement on its numerous retail sites.
  • Assisted with the preparation for an arbitration arising out of a multi-million Rand claim on a power plant build.
  • Assisted two major insurance companies regarding disputes arising out of their long-term insurance contracts.

Qualifications:

  • LLB LLM
  • Attorney of the High Court of South Africa

Hemali Govind

Hemali is a senior associate at Malan Scholes Inc. She was admitted as an attorney in 2011. Her area of expertise include dispute resolution, focusing on administrative law and commercial litigation and arbitration.

hgovind@malanscholes.co.za

+27 (0)10 020 5036

Recent Experience:

  • Acted on behalf of the Gauteng Gambling Board on numerous occasions in prosecuting existing licence holders for contravention of their licence conditions and governing legislation (2013 – 2018).
  • Acted for a minority shareholder in the landmark case, CDH Invest v Petrotank South Africa, in the Supreme Court of Appeal. The case dealt with the application of fiduciary duties as applied to the authorisation and subscription of shares in the context of the Companies Act (2019).
  • Acted for a large prospecting and mining company in an urgent application to enable it to conduct its mining operations (2018).
  • Acted on behalf of a director of a company who has been charged personally for alleged illegal mining activities of the company (2019).
  • Acted on behalf of a logistics company in defending arbitration proceedings which had been instituted against the company relating to a shareholding dispute relating to a special purpose vehicle established for specific projects (2019).

Qualifications:

  • BCom LLB
  • Attorney of the High Court of South Africa

Shani Jordaan

Shani is an associate at Malan Scholes Inc. She was admitted as an attorney in 2020. Her area of expertise include dispute resolution, focusing on administrative law and commercial litigation and arbitration.

sjordaan@malanscholes.co.za

+27 (0)10 020 5027

Recent Experience:

  • Assisted with the corporate / commercial due diligence investigation pertaining to Seriti Resources Holdings (Pty) Ltd’s successful bid to acquire the South African coal business of South32 Limited.
  • Assisted in numerous court applications, including urgent applications to interdict illegal mining operations and unlawful interference with and suspension of mining operations.
  • Assisted in legal proceedings regarding commercial disputes relating to coal supply agreements and contract mining agreements.
  • Assisted in advising clients on the applicability of the Promotion of Administration Justice Act, 3 of 2000, and the Promotion of Access to Information Act, 2 of 2000.