Jonathan Witts-Hewinson

Jonathan Witts-Hewinson

Executive Consultant

Jonathan Witts-Hewinson is an Executive Consultant in our Dispute Resolution practice. He has extensive experience in relation to arbitration proceedings and other forms of alternate dispute resolution. His areas of expertise are commercial litigation, intellectual property disputes, director liability and delinquency, unfair/unlawful competition, arbitration and alternate dispute resolution. Jonathan is a CEDR qualified mediator.

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Jonathan began his career as a Candidate Attorney at Cliffe Dekker and Todd (now Cliffe Dekker Hofmeyr) in 1983. In 1985 he was appointed as an Associate and promoted to Senior Associate in 1986. In 1987 Jonathan became a Director. In April 2017 he became an Executive Consultant to the firm.

  • Represented a subsidiary of a listed entity in pursuing an action against a former director for purposes of, successfully, having that director declared delinquent (in consequence of misdemeanours and improper conduct whilst previously a director of that entity).
  • Represented an international motor corporation in a dispute arising from an assembly agreement with a third party motor corporation.
  • Represents one of the major construction companies listed on the JSE.
  • Advised a major South African Bank on removal of directors of a subsidiary company in connection with fraud and numerous breaches of good corporate governance.
  • Represented a leading South African bank in securing its intellectual property rights (and more particularly copyright) relevant to computer programmes written for its banking systems (where the contractors employed to assist with the writing of those programmes, sought to develop similar software for their independent financial gain).
  • Enforced the copyright of a medical distribution company in respect of its software systems against a third party who sought to develop similar software to market to our client’s competitors.
  • Resisted an application brought against a JSE listed corporate where the applicant sought to suggest that an interactive booking system had been developed in breach of both patented rights as well as copyright (unsuccessfully) contended for by the applicant.
  • Represented a multi-national soft drinks distributor, for several decades, in resisting product liability claims brought both in relation to alleged impurities as well as bottle or container failures.
  • Represented the bottler and distributor of a well-known mineral water in proceedings against Carte Blanche (a television magazine programme) in an action for damages following wrongful statements made on a flighted programme.
  • Pursued actions against former directors of a subsidiary of a company listed on the Johannesburg Stock Exchange, guilty of abusing their positions of authority and their fiduciary obligations to their employer.
  • Pursued actions against erstwhile directors of a company enforcing personal liability in consequence of their improper handling of the affairs of that company.
  • Represented a leading JSE listed mining company (operating within the platinum industry) where attempts were (unsuccessfully) advanced by third parties aimed at undermining our client's new order mineral rights (having value amounting to many billions of rand).
  • Chambers Global 2017 and 2019 ranked Jonathan Witts-Hewinson in Band 2 for dispute resolution. Chambers Global 2014–2016 ranked Jonathan in Band 3 for dispute resolution.
  • The Legal 500 EMEA 2012–2019 recommended him for dispute resolution and for construction in 2017.
  • Best Lawyers International 2008–2019 listed him for arbitration and mediation, as well as litigation.
  • The International Who’s Who of Business Lawyers 2015 identified him as being among the world’s leading asset recovery lawyers.
  • Practical Law Company PLC Which Lawyer? 2006–2012 endorsed Jonathan for his expertise in dispute resolution, restructuring and insolvency, and construction.
  • Expert Guides: Guide to the World’s Leading Lawyers 2009–2011 listed him among South Africa’s pre-eminent litigation lawyers in litigation and emerging markets.
  • Jonathan Witts-Hewinson has been named a leading lawyer by Who's Who Legal: Litigation for 2017.

Education

  • BA LLB, University of Stellenbosch
  • Year of admission: 1985

Memberships

  • Law Society of the Northern Provinces
  • Member of the management committee of the Arbitration Foundation of Southern Africa
  • Member of the Steering Committee of Africa ADR