Lerothodi Mohale specialises in corporate restructuring, business rescue and insolvency.  He is a hybrid attorney, who does corporate advisory, transactional and disputes work.  As part of restructuring and insolvency work, he has been involved in mergers and acquisitions, sale of shares, sale of business and debt-equity swap transactions.  He has worked with business rescue practitioners, liquidators, directors of distressed companies and creditors in business rescue and insolvency matters. 

He has right of appearance, and has appeared, in the High Court of South Africa.  He has been involved in disputes argued in the Supreme Court of Appeal and the Constitutional Court. 

Having been admitted as an attorney in 2012, his experience includes real estate, insurance, pension funds, medical aid and cross-border work in Botswana and Mozambique.  He has advised clients across a variety of sectors, including financial, transport, health, agriculture, property, construction and mining sectors.  

With his passion for teaching the law, he has given training and lectured on business rescue and insolvency law to attorneys and clients.

• Advised the South African government on restructuring the South African national airline. Considering and advising on cross default on government guarantees and implications of business rescue on aircraft leases.

• Advice on South African and Namibian insolvency law in relation to perfection of a creditor’s security. Advised on the effect of UK insolvency proceedings on a Namibian entity and enforcement of security rights during a debtor’s insolvency.

• Assisted in the restructuring of one of the top South African telecommunications companies through a compromise in terms of section 155 of the 2008 Companies Act, followed by a court application to sanction the compromise. The transaction resulted in the restructuring of the telecommunications company’s debt and increased equity by one of its major shareholders.

• Assisted a global merchant firm – that is involved in agriculture, food processing, international shipping, and finance – in acquiring a company in business rescue, through acquiring a creditor’s claim and then acquiring the company. This involved complex commercial negotiations and agreements and the ultimate adoption of a business rescue plan backed by the global merchant firm.

• Voluntary winding-up of solvent companies owned by a Canadian uranium mining company, as part of the restructuring of the mining company’s South African operations. Advised the mining company’s South African and Tanzanian directors, and representatives of the mining company’s Russia-based shareholder.

Education

• LLB – University of Johannesburg

Memberships

• South African Restructuring and Insolvency Practitioners Association (SARIPA)

• Committee member of SARIPA Young Bloods

• International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL)