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 1994. 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 sat on the boards of various mining companies as an executive and 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, Supreme Court of Appeal and Constitutional Court litigation matters with a focus on administrative law, mining and environmental law, land-use and commercial litigation.

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.
  • Acted for Samancor Chrome Limited in successfully opposing a review application in the matter of Samancor Chrome Ltd v VDH Holdings (Pty) Ltd and Others [2020] JOL 48272 (SCA).
  • Acted for numerous mining houses in 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 and acted for 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 and acted for clients in relation to land claims over mining areas.
  • Advised mining houses in relation to notices issued to mining houses in terms of section 93 of the Mineral and Petroleum Resources Development, 2002 and section 54 of the Mine Health and Safety Act, 1996 to stop mining operations.
  • 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, among others, shareholder agreements, memoranda of incorporation, coal supply agreements and contract mining agreements.
  • Advised and acted for clients in legal proceedings regarding directors’ duties and liabilities.
  • Advised and acted for clients in legal proceedings regarding tailings dumps.
  • Advised and acted for clients in legal proceedings relating to the development of a Solar PV plant.

Qualifications:

  • LLB
  • Attorney of the High Court of South Africa

Hloni Mokoena

Hloni is a director of Malan Scholes Inc. He was admitted as an attorney in 2011. His area of practice is dispute resolution with a focus on administrative law, property law, municipal law, land use and commercial litigation.  His experience includes litigating in the Magistrate’s Court, High Court, Supreme Court of Appeal and the Constitutional Court.  Hloni has assisted in drafting proposed amendments to the Johannesburg Town Planning Scheme, Municipal Policies regarding Housing, Credit Control and Debt Collection and Security Access Restrictions.  He has acted in various matters pertaining to local government regarding municipal regulatory requirements, administrative law, constitutional law, housing law, expropriations, town planning, by-law enforcement, property rates and revenue matters.

Alongside his extensive experience in acting on behalf of organs of state, Hloni has represented large corporations based in the mining and banking sectors in various commercial and litigious matters.

HMokoena@malanscholes.co.za

+27 (0)10 020 5036

Recent Experience:

  • Acted for the City of Johannesburg in the Constitutional Court case of City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal and Others, relating to the constitutional competency of local and provincial government respectively.
  • Acted on behalf of the City of Johannesburg in the landmark housing case of The City of Johannesburg v Blue Moonlight 39 (Pty) Ltd and Others, which related to the local authority’s constitutional obligations in terms of section 26 of the Constitution and the provision of temporary emergency accommodation to evictees from privately-owned land.
  • Advised the City of Johannesburg regarding its Special Process for the Relocation of Evictees policy and proposed amendments to the National Housing Code.
  • Acted on behalf of various municipalities in the acquisition of land through expropriation for the purposes of social housing and township developments. This included acting on behalf of those municipalities in litigation and administrative challenges that arose from such expropriations.
  • Acted on behalf of a mortgage-lender regarding the practical difficulties and legal issues involved in securing payment of the relocation assistance subsidy referred to in the National Housing Code, 2000, which included a consideration of subsidy beneficiaries who were deceased.
  • Acted for Assmang Ltd in defending a delictual damages claim instituted by a psychologist in relation to a complaint laid by the mine with the Health Professions Council of South Africa.
  • Acted for the Ekurhuleni Metropolitan Municipality in opposing a claim for compensation in the amount of R47 million in terms of the Expropriation Act.
  • Acting on behalf of the City of Johannesburg in opposing a R260 million damages claims, for alleged services rendered by a contractor to the local authority in the absence of a proper and lawful tender process.
  • Acted for the City of Johannesburg Metropolitan Municipality in opposing Constitutional damages claims instituted by a building owner of an unlawfully occupied building in the Inner City.
  • Acted on behalf of a local authority in opposing a judicial review instituted by various property developers seeking to set aside the local authority’s residential sanitation tariff.

Qualifications:

  • LLB LLM (Marine and Environmental Law)
  • Attorney of the High Court of South Africa

Lia Bolz

Lia is a director of Malan Scholes Inc. She was admitted as an attorney in 2013. Her areas of expertise are mining and environmental law and dispute resolution.

LBolz@malanscholes.co.za

+27 (0)10 020 5020

Recent Experience:

  • Advised on the application of the National Environmental Management: Waste Act, 2008 and the Mineral and Petroleum Resources Development Act, 2002 to historic tailings disposal facilities as well as residue stockpiles and residue deposits. 
  • Advised on the obligation to rezone land in Gauteng, Mpumalanga, North West and the Western Cape for mining purposes. 
  • Advised on the civil and criminal liability of directors for the failure of a company to comply with environmental legislation. 
  • Undertaken numerous environmental due diligence investigations. 
  • Drafted appeals in terms of the Mineral and Petroleum Resources Development Act, 2002 and the Mine Health and Safety Act, 1996. 
  • Drafted appeals and representations on behalf of various mining houses and landowners in terms of the National Environmental Management Act, 1998, the National Environmental Management: Waste Act, 2008 and the National Environmental Management: Air Quality Act, 2004.  
  • Acted for numerous mining houses in appeals before the Water Tribunal. 
  • Advised on the financial provision obligations contained in the National Environmental Management Act, 1998 and the regulations thereto. 
  • Advised on the obligation to disclose information and documentation to third parties in respect of environmental compliance under various environmental laws. 
  • Acted for mining houses in numerous urgent court applications, including applications to interdict illegal mining operations and unlawful interference with and suspension of mining operations. 
  • 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, decisions to grant or refuse environmental authorisations and waste management licences and section 96 appeals under the Mineral and Petroleum Resources Development Act, 2002. 
  • Advised mining houses on the process contemplated in section 54 of the Mineral and Petroleum Resources Development, 2002. 
  • Advised on the various regulatory requirements for renewable energy projects.  
  • Prepared legal opinions regarding various environmental regulatory obligations.

Qualifications:

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

Luanne Chance

Luanne is a consultant at Malan Scholes Inc. She was admitted as an attorney in 1992. Her area of expertise is dispute resolution.  She has worked in the areas of banking, the oil and petroleum sector, insurance and construction.  She currently deals with matters in the High Court in the areas of mining, environmental and administrative law.

LChance@malanscholes.co.za

+27 (0)10 020 5034

Recent Experience:

  • Acts for mining clients in compelling the regulator to timeously determine prospecting right, mining right and mining permit applications, section 102 applications and section 11 applications in terms of the Mineral and Petroleum Resources Development Act, 2002.
  • Drafting of internal appeals in terms of section 96 of the Mineral and Petroleum Resources Development Act, 2002, against decisions taken by the regulator of mineral resources. 
  • Drafting of internal appeals in terms of section 43 of the National Environmental Management Act, 107 of 1998 against decisions taken by the regulator. 
  • Acts for mining clients in administrative review applications. 
  • Assisting mining clients with access issues relating to their prospecting and mining rights, including the process as contemplated in section 54 of the Mineral and Petroleum Resources Development Act, 2002. 
  • Assisting mining clients with the process of transferring environmental liability, as contemplated in section 43(2) of the Mineral and Petroleum Resources Development Act, 2002.
  • Acting for mining clients in urgent court applications, where there is a threat to the mining operations in the form of protests and illegal mining. 
  • Advising mining clients in respect of damages claims arising out of stoppages of their mining operations. 
  • Assisting with the instituting of Water Use Licence Appeals in terms of the National Water Act, 26 of 1998.
  • Assisting with eviction proceedings in relation to unlawful occupations on mining right land and residential houses registered to mining houses. 
  • Assisting an auctioneer and art consultant house with any disputes that arise from its auction business.
  • Assisting with applications for temporary and permanent liquor licences. 
  • Drafting of internal appeals to the Appeal Board of the Council for Medical Schemes in terms of the provisions of the Medical Schemes Act, 131 of 1998. 

Qualifications:

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

Shani Sieberhagen

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

SSieberhagen@malanscholes.co.za

+27 (0)10 020 5027

Recent Experience:

  • Advised and acted for clients in numerous court applications in the High Court of South Africa, the Supreme Court of Appeal and the Constitutional Court, including review applications, applications to compel and urgent applications to interdict illegal mining operations and unlawful interference with and suspension of mining operations.
  • Advised and acted for clients in legal proceedings regarding commercial disputes relating to, among others, shareholder agreements, memoranda of incorporation, coal supply agreements, contract mining agreements and liquidation applications.
  • Advised 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.
  • Drafted numerous objections in terms of section 10 and internal appeals in terms of section 96 of the Mineral and Petroleum Resources Development, 2002 against decisions taken by the regulators of mineral resources and energy.
  • Drafted and assisted in review applications relating to administrative decisions taken by organs of state.
  • Investigated and advised on breaches of directors’ fiduciary duties in terms of the Companies Act, 71 of 2008.

Qualifications:

  • LLB

Kagiso Mphuthi

Kagiso is an associate designate at Malan Scholes Inc. Her area of expertise is dispute resolution.

KMphuthi@malanscholes.co.za

+27 (0)10 025 9083

Recent Experience:

  • Kagsio is an associate at Malan Scholes Inc. She was admitted as an attorney in 2024. Her areas of expertise include dispute resolution.
  • Drafted and assisted in numerous action and application proceedings to the Magistrates Court.
  • Drafted and assisted in numerous eviction applications on behalf of the City of Johannesburg Metropolitan Municipality.
  • Advised mining houses on the applicability of the Extension of Security of Tenure Act, 1997 and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 in relation to eviction proceedings on mine owned property.
  • Assisted mining houses in numerous urgent court applications, including applications to interdict unlawful interference with and suspension of mining operations. 
  • Advised mining houses in relation to land claims over mining areas.
  • Drafted and assisted in appeals to the Supreme Court of Appeal.

 

Qualifications:

  • BCom LLB

Kaylene Gounden

Kagiso is an associate designate at Malan Scholes Inc. Her area of expertise is dispute resolution.

KGounden@malanscholes.co.za

+27 (0)10 025 9085

Recent Experience:

  • Assisted with litigation proceedings in the Magistrate’s Court, High Court, and Constitutional Court, including urgent applications.  
  • Assisted with appeals from the High Court to the Supreme Court of Appeal. 
  • Assisted various clients in resolving disputes through opinion, negotiation and litigation in matters relating to contract and delict.  
  • Assisted with foreclosure litigation on behalf of bondholders in specific securitised structures.  
  • Assisted in various matters pertaining to public law including municipal law, tenders (preparation thereof), debt collection, trusts and deceased estates.