Mukelwe Mthembu

Senior Associate

Mukelwe Mthembu is a Senior Associate in our Dispute Resolution practice. She has experience in commercial litigation, arbitration proceedings and procurement law. Mukelwe provides regulatory, risk advisory and dispute resolution services in both the public and private sector.

+27 (0)11 562 1354

mukelwe.mthembu@cdhlegal.comJohannesburg

Mukelwe Mthembu

About Mukelwe

Mukelwe joined Cliffe Dekker Hofmeyr as a Candidate Attorney in 2018. She served her articles of clerkship whilst serving in CDH's Dispute Resolution Practice, Employment Law Practice and Competition Law Practice.

In September 2021 she was admitted as an attorney of the High Court of South Africa and has been practicing in Dispute Resolution and Litigation since, wherein she has been appointed as an Associate.

Mukelwe was promoted to Senior Associate in 2024.

Areas of expertise

Dispute Resolution

International Arbitration

Experience

Advised major banking institutions on the enforceability of various government agreements and/or legality of such underlying public law requirements for the government (i.e. governments/state-owned) action/conduct for purposes of considering whether to fund particular transactions/projects.
Representing multi-national oil companies in arbitration and litigation in various matters that affect the sale and distribution of petroleum products in South Africa.

Credentials

Education

LLB, University of the Witwatersrand

LANGUAGES

English
isiZulu

News

Webinar Recording | ABC of mediation as a segue to potential arbitration

Webinar Recording | ABC of mediation as a segue to potential arbitration

Watch this insightful webinar recording co-hosted by CDH and the Chartered Institute of Arbitrators (CIARB).

Publication of Draft Petroleum Products Bill for public comment

Publication of Draft Petroleum Products Bill for public comment

On 21 October 2024, the Department of Mineral Resources and Energy (DMRE) published the draft Petroleum Products Bill (Bill) for public comment.

'New Dawn' for Public Procurement in South Africa: The Public Procurement Act becomes law

Dispute Resolution

'New Dawn' for Public Procurement in South Africa: The Public Procurement Act becomes law

Following its adoption by the National Assembly on 16 May 2024, President Cyril Ramaphosa on 23 July 2023, assented to signed into law the Public Procurement Act 28 of 2024. The Public Procurement...

The establishment of the Public Procurement Tribunal

Dispute Resolution

The establishment of the Public Procurement Tribunal

The complex public procurement system in South Africa has been fertile ground for litigation over many years, and to say that law reports are replete with cases dealing with public...

Another judgment on prescription?

Dispute Resolution

Another judgment on prescription?

Whether it relates to the meaning of a debt or the running of prescription, it seems that every year, the courts are obliged to publish judgments dealing with one ortheother.

Nigeria’s incoming Arbitration and Mediation Bill, 2022

Dispute Resolution

Nigeria’s incoming Arbitration and Mediation Bill, 2022

The incoming Arbitration and Mediation Bill (Bill) in Nigeria, which is said to be more commercially aware and more in tune with international practices, is set to change the legal...

Can the enforcement of an international arbitral award be stayed pending the finalisation of a separate action instituted in court?

Dispute Resolution

Can the enforcement of an international arbitral award be stayed pending the finalisation of a separate action instituted in court?

The High Court in Industrius D.O.O v IDS Industry Service and Plant Construction South Africa (Pty) Ltd JOL 51033 (GJ) recently dealt with this issue.

Exemption clauses and liability for damages

Dispute Resolution

Exemption clauses and liability for damages

Pens are mightier than swords! None more so than the one used to draft exemption clauses, aka “disclaimer clauses”. An exemption clause is a contractual modification to the common...

Eviction in face of section 12B arbitration proceedings

Dispute Resolution

Eviction in face of section 12B arbitration proceedings

Does the referral of a matter to a 12B arbitration under the Petroleum Products Act 120 of 1977 (as amended) oust the jurisdiction of the High Court and automatically stay eviction...

The Petroleum Products Act, section 12B arbitrations and the limits of an arbitrator’s power

The Petroleum Products Act, section 12B arbitrations and the limits of an arbitrator’s power

In the recent judgment of Engen Petroleum Limited (1989/3754/6) v Mfoza Service Station (Pty) Ltd and Another ZAGPJHC 242, the High Court deals with the powers of an arbitrator in...

Is the ban on tobacco and liquor unlawful and irrational?

Is the ban on tobacco and liquor unlawful and irrational?

Is the continued ban on the sale of liquor and tobacco products really justifiable? And, if so, is there a less-restrictive means for government to achieve the same objective, while...

New lockdown regulations encourage arbitration or mediation for the resolution of disputes against the State or organs of State

New lockdown regulations encourage arbitration or mediation for the resolution of disputes against the State or organs of State

The Level 4 Lockdown Regulations published by the government on 29 April 2020 encourage the use of alternative dispute resolution for the resolution of disputes with the State or organs...

Navigating commercial risk during uncertain times in Africa: When the law is Foreign

Dispute Resolution

Navigating commercial risk during uncertain times in Africa: When the law is Foreign

In Africa, a significant number of international commercial contracts are governed by English law. When concluding cross-border or international commercial transactions most parties...

All articles by Mukelwe

Publication of Draft Petroleum Products Bill for public comment

Publication of Draft Petroleum Products Bill for public comment

On 21 October 2024, the Department of Mineral Resources and Energy (DMRE) published the draft Petroleum Products Bill (Bill) for public comment.

'New Dawn' for Public Procurement in South Africa: The Public Procurement Act becomes law

Dispute Resolution

'New Dawn' for Public Procurement in South Africa: The Public Procurement Act becomes law

Following its adoption by the National Assembly on 16 May 2024, President Cyril Ramaphosa on 23 July 2023, assented to signed into law the Public Procurement Act 28 of 2024. The Public Procurement...

The establishment of the Public Procurement Tribunal

Dispute Resolution

The establishment of the Public Procurement Tribunal

The complex public procurement system in South Africa has been fertile ground for litigation over many years, and to say that law reports are replete with cases dealing with public...

Another judgment on prescription?

Dispute Resolution

Another judgment on prescription?

Whether it relates to the meaning of a debt or the running of prescription, it seems that every year, the courts are obliged to publish judgments dealing with one ortheother.

Nigeria’s incoming Arbitration and Mediation Bill, 2022

Dispute Resolution

Nigeria’s incoming Arbitration and Mediation Bill, 2022

The incoming Arbitration and Mediation Bill (Bill) in Nigeria, which is said to be more commercially aware and more in tune with international practices, is set to change the legal...

Can the enforcement of an international arbitral award be stayed pending the finalisation of a separate action instituted in court?

Dispute Resolution

Can the enforcement of an international arbitral award be stayed pending the finalisation of a separate action instituted in court?

The High Court in Industrius D.O.O v IDS Industry Service and Plant Construction South Africa (Pty) Ltd JOL 51033 (GJ) recently dealt with this issue.

Exemption clauses and liability for damages

Dispute Resolution

Exemption clauses and liability for damages

Pens are mightier than swords! None more so than the one used to draft exemption clauses, aka “disclaimer clauses”. An exemption clause is a contractual modification to the common...

Eviction in face of section 12B arbitration proceedings

Dispute Resolution

Eviction in face of section 12B arbitration proceedings

Does the referral of a matter to a 12B arbitration under the Petroleum Products Act 120 of 1977 (as amended) oust the jurisdiction of the High Court and automatically stay eviction...

The Petroleum Products Act, section 12B arbitrations and the limits of an arbitrator’s power

The Petroleum Products Act, section 12B arbitrations and the limits of an arbitrator’s power

In the recent judgment of Engen Petroleum Limited (1989/3754/6) v Mfoza Service Station (Pty) Ltd and Another ZAGPJHC 242, the High Court deals with the powers of an arbitrator in...

Is the ban on tobacco and liquor unlawful and irrational?

Is the ban on tobacco and liquor unlawful and irrational?

Is the continued ban on the sale of liquor and tobacco products really justifiable? And, if so, is there a less-restrictive means for government to achieve the same objective, while...

New lockdown regulations encourage arbitration or mediation for the resolution of disputes against the State or organs of State

New lockdown regulations encourage arbitration or mediation for the resolution of disputes against the State or organs of State

The Level 4 Lockdown Regulations published by the government on 29 April 2020 encourage the use of alternative dispute resolution for the resolution of disputes with the State or organs...

Navigating commercial risk during uncertain times in Africa: When the law is Foreign

Dispute Resolution

Navigating commercial risk during uncertain times in Africa: When the law is Foreign

In Africa, a significant number of international commercial contracts are governed by English law. When concluding cross-border or international commercial transactions most parties...

All articles by Mukelwe

Webinar Recording | ABC of mediation as a segue to potential arbitration

Webinar Recording | ABC of mediation as a segue to potential arbitration

Watch this insightful webinar recording co-hosted by CDH and the Chartered Institute of Arbitrators (CIARB).

All videos by Mukelwe

From vision to fruition.