Denise Durand

Director

Denise Durand is a Director in the Dispute Resolution practice with experience across a wide range of complex commercial disputes. Her work spans High Court litigation and arbitration, with a particular focus on matters arising in regulated and resource-intensive industries. She advises clients on contentious commercial, contractual and regulatory issues, often in matters with significant operational, financial and reputational implications.

She has particular expertise in mining-related disputes, including matters under the Mineral and Petroleum Resources Development Act, challenges to mining rights, illegal mining, encroachments on mining areas, and engagements with traditional councils and government authorities in relation to community land.

In addition to dispute resolution, Denise advises on regulatory compliance, statutory interpretation and risk management, and is frequently involved in crisis response and reputation-sensitive matters. 

Denise Durand

About Denise

Denise began her career as a mineral rights manager in an investment group before pursuing law. Denise joined Cliffe Dekker Hofmeyr as an Associate in 2017 and became a Senior Associate in 2019. Denise was promoted to Director in 2024.

Denise acts for blue-chip clients across sectors including mining, financial services, pharmaceuticals, property, agriculture, education, tourism and infrastructure. Her experience includes contract enforcement and damages claims, shareholder and eviction disputes, business rescue and insolvency litigation, foreclosure proceedings, interdicts and review applications.

Areas of expertise

Dispute Resolution
International Arbitration
Mining & Minerals

Experience

  • Drafting of legal pleadings, notices and documents in commercial disputes, including but not limited to, enforcement of contracts or damages claims, shareholder disputes, review applications, eviction applications, successfully opposing business rescue applications, foreclosure of immoveable properties, recovery of commercial rental arrears and interdict proceedings;

  • Drafting of legal pleadings, notices and documents in commercial disputes, including but not limited to, enforcement of contracts or damages claims, shareholder disputes, review applications, eviction applications, successfully opposing business rescue applications, foreclosure of immoveable properties, recovery of commercial rental arrears and interdict proceedings;

  • Crisis management and providing guidance for preventing reputational damage;

  • Interpreting various legislation and ensuring compliance with all regulatory requirements;

  • Advising on corporate governance and supporting clients’ company secretaries in their duties;

  • Advising on legal implications of contractual obligations;

  • Reviewing and negotiating contracts including option agreements for acquiring additional shares in a mining company, a joint venture and memorandum of understanding for renewable energy projects, and a non-circumvention agreement regarding financing for a mining company's capital raise.

  • Reviewing and providing commentary on the Mineral and Petroleum Resources Development Act (“MPRDA”).

  • Initiating and opposing appeals in terms of Section 96 of the MPRDA including, opposing reviews of the granting of mining rights.

  • Advising clients on illegal mining and encroachments on mining areas.

  • Engaging with traditional councils and the Department of Agriculture, Land Reform and Rural Development in regard to mining activities conducted on community land and reviewing notarial leases and trust deeds.

Credentials

Education

  • BA in Applied Economics and Law, University of the Witwatersrand
  • LLB, University of the Witwatersrand
  • Year of admission as an attorney: 2016
  • Registered with the Legal Practice Council

LANGUAGES

  • English

News

Community oversight in corporate structures
Corporate & Commercial Law

Community oversight in corporate structures

The Traditional and Khoi-San Leadership Act 3 of 2019 (TKLA) authorises councils of traditional and Khoi-San communities (councils) to enter into agreements in their own names on behalf...

Digging for alignment: Africa’s ESG crossroads
Mining & Minerals

Digging for alignment: Africa’s ESG crossroads

Environmental, social and governance (ESG) considerations have become central to the legal and commercial landscape of global mining, shaping investor risk appetite, regulatory compliance...

The dispute resolution landscape for the mining industry in South Africa

The dispute resolution landscape for the mining industry in South Africa

South Africa, a country rich in minerals, presents significant opportunities, as well as challenges, for international investors seeking to invest in South Africa and beneficiate minerals...

Overlaps and oversight: Navigating mineral rights in South Africa
Dispute Resolution

Overlaps and oversight: Navigating mineral rights in South Africa

As the global economy begins to embrace the transition to green metals, ensuring certainty of mineral right tenure is crucial for the sustainability of these aspirations. The granting...

Side-stepping subpoenas
Dispute Resolution

Side-stepping subpoenas

A long-standing favourite of court-room dramas, the service and use of subpoenas plays a central role in the functioning of our legal system.

But it’s my emails and stuff!
Dispute Resolution

But it’s my emails and stuff!

Does the mandament van spolie remedy apply to email addresses and network servers? This question was recently answered by the Supreme Court of Appeal (SCA) in the case of Blendrite...

Day to day or not?
Dispute Resolution

Day to day or not?

The notion of corporate accountability has been a source of criticism (and praise) for juristic entities across the world. While theories surrounding holding wrongdoing directors accountable continue...

My dog’s keeper: Who bears the responsibility for harm caused by animals?

My dog’s keeper: Who bears the responsibility for harm caused by animals?

In the recent decision of Van Meyeren v Cloete (636/2019) ZASCA 100, the Supreme Court of Appeal (SCA) revisited the age old question of who bears the liability for an animal that...

Is this really the end? Reopening a case after an order of absolution from the instance

Is this really the end? Reopening a case after an order of absolution from the instance

An order of absolution from the instance signals a release from a particular case. In South African law, such an order amounts to a dismissal of the plaintiff’s case where such plaintiff...

<em>Force majeure</em> in instances of drought

Force majeure in instances of drought

Force majeure refers to circumstances beyond the control of the parties and are intended to deal with, among other things, unforeseen acts of God, of governments and regulatory authorities; chemical...

I love it when you talk foreign! Foreign debtors may not be as far away as you think

I love it when you talk foreign! Foreign debtors may not be as far away as you think

Under South African law, the prescription of debts is regulated by the Prescription Act, No 68 of 1969 (Act). A debt is said to prescribe after a certain period of time has lapsed...

Vexatious litigants

Vexatious litigants

A vexatious litigant is a person who persistently initiates legal action for the purposes of harassing or subduing an adversary. Unfortunately, the victims of these vexatious litigants...

Facebook posts may come back to bite you
Insurance Law

Facebook posts may come back to bite you

With the advancement of modern technology, insurers are finding new ways of mitigating their losses in respect of claims by policyholders, including reference to Facebook posts in...

Strike III: Liability of the insurer for the insolvent insured’s debt

Strike III: Liability of the insurer for the insolvent insured’s debt

“Whenever any person (hereinafter called the insurer) is obliged to indemnify another person (hereinafter called the insured) in respect of any liability incurred by the insured towards...

Community oversight in corporate structures
Corporate & Commercial Law

Community oversight in corporate structures

The Traditional and Khoi-San Leadership Act 3 of 2019 (TKLA) authorises councils of traditional and Khoi-San communities (councils) to enter into agreements in their own names on behalf...

Digging for alignment: Africa’s ESG crossroads
Mining & Minerals

Digging for alignment: Africa’s ESG crossroads

Environmental, social and governance (ESG) considerations have become central to the legal and commercial landscape of global mining, shaping investor risk appetite, regulatory compliance...

The dispute resolution landscape for the mining industry in South Africa

The dispute resolution landscape for the mining industry in South Africa

South Africa, a country rich in minerals, presents significant opportunities, as well as challenges, for international investors seeking to invest in South Africa and beneficiate minerals...

Overlaps and oversight: Navigating mineral rights in South Africa
Dispute Resolution

Overlaps and oversight: Navigating mineral rights in South Africa

As the global economy begins to embrace the transition to green metals, ensuring certainty of mineral right tenure is crucial for the sustainability of these aspirations. The granting...

Side-stepping subpoenas
Dispute Resolution

Side-stepping subpoenas

A long-standing favourite of court-room dramas, the service and use of subpoenas plays a central role in the functioning of our legal system.

But it’s my emails and stuff!
Dispute Resolution

But it’s my emails and stuff!

Does the mandament van spolie remedy apply to email addresses and network servers? This question was recently answered by the Supreme Court of Appeal (SCA) in the case of Blendrite...

Day to day or not?
Dispute Resolution

Day to day or not?

The notion of corporate accountability has been a source of criticism (and praise) for juristic entities across the world. While theories surrounding holding wrongdoing directors accountable continue...

My dog’s keeper: Who bears the responsibility for harm caused by animals?

My dog’s keeper: Who bears the responsibility for harm caused by animals?

In the recent decision of Van Meyeren v Cloete (636/2019) ZASCA 100, the Supreme Court of Appeal (SCA) revisited the age old question of who bears the liability for an animal that...

Is this really the end? Reopening a case after an order of absolution from the instance

Is this really the end? Reopening a case after an order of absolution from the instance

An order of absolution from the instance signals a release from a particular case. In South African law, such an order amounts to a dismissal of the plaintiff’s case where such plaintiff...

<em>Force majeure</em> in instances of drought

Force majeure in instances of drought

Force majeure refers to circumstances beyond the control of the parties and are intended to deal with, among other things, unforeseen acts of God, of governments and regulatory authorities; chemical...

I love it when you talk foreign! Foreign debtors may not be as far away as you think

I love it when you talk foreign! Foreign debtors may not be as far away as you think

Under South African law, the prescription of debts is regulated by the Prescription Act, No 68 of 1969 (Act). A debt is said to prescribe after a certain period of time has lapsed...

Vexatious litigants

Vexatious litigants

A vexatious litigant is a person who persistently initiates legal action for the purposes of harassing or subduing an adversary. Unfortunately, the victims of these vexatious litigants...

Facebook posts may come back to bite you
Insurance Law

Facebook posts may come back to bite you

With the advancement of modern technology, insurers are finding new ways of mitigating their losses in respect of claims by policyholders, including reference to Facebook posts in...

Strike III: Liability of the insurer for the insolvent insured’s debt

Strike III: Liability of the insurer for the insolvent insured’s debt

“Whenever any person (hereinafter called the insurer) is obliged to indemnify another person (hereinafter called the insured) in respect of any liability incurred by the insured towards...

From vision to fruition.