Vincent Manko

Arbitration and court proceedings

Advising and acting for a JSE listed chemicals group in a dispute with City of Johannesburg Metropolitan Municipality and Johannesburg Water SOC Limited in arbitration and court proceedings relating to among others the powers of the Municipality to enter into binding and valid agreements in terms of the municipal regulatory framework including inter alia the Local Government: Municipal Systems and the Municipal Finance Management Act.

judicial review of the findings

Advising and acting for leading players in the recovery and treatment of all types of waste from both industry and local communities that provide integrated waste management services to a wide range of industries from manufacturing, mining and petro chemicals to oil and gas, construction, FMCG, pharmaceuticals and automotive in a judicial review of the findings of the Broad-Based Black Economic Empowerment Commission that they committed the offence of fronting and undermined the objectives of the Broad-Based Black Economic Empowerment Act.

Commercial arbitration proceedings

Advising and acting for a water service board and a major public entity in commercial arbitration proceedings against a water services authority for a claim in excess of R100 million.

Commercial arbitration

Advising and acting for a major public entity in commercial arbitration proceedings and auxiliary litigation arising from disputes relating to public procurement and claims in excess of R800 million.

Defamation proceedings

Advising and acting for a global market research and a consulting firm in defamation proceedings with a claim of R50 million.

Range of securities

Advising and acting for banks and development financial institutions in perfecting a wide range of securities including notarial general covering bonds, mortgage bonds and special notarial bonds.

Business rescue

Advised and acted for a major bank in the perfection of its securities in respect of the facilities in the sum of approximately R72 million and advising on the resultant business rescue.

Advised and acted for a major commercial bank in a cross-border insolvency dispute and advised on the resultant sequestration.

Business rescue

Advised and acted for a public entity in relation to the business rescue of an anthracite coal mine against the Business Rescue Practitioners and an JSE listed entity where the public entity contended that the adopted business rescue plan amounted to unlawful expropriation of its shareholding which was ultra vires the Companies Act.

Recovery of guarantees

Advised and acted for a multinational oil and gas company in the business rescue of fuel wholesaler trading with fuel and fuel related products and ultimately led to the recovery of guarantees in the amount of R220 million.

Public procurement

Regularly advising private companies and public entities on issues of public procurement, delegations of authority and supply chain management and the implications of the Public Finance Management Act, the National Treasury Regulations and Practice/Instruction Notes; Preferential Procurement Policy Framework Act and the Regulations, Local Government: Municipal Systems and the Municipal Finance Management Act.

State-owned telecommunications

Advised a state-owned telecommunications company on the potential conflict of interests on a tender relating to the appointment of a panel of service providers for the provision of technical personnel on an ad hoc basis and applicability of the cooling-off period in terms of the provisions of its supply chain management policy and further advised on an exit strategy and drafted the necessary termination letters.

Procurement fraud and corruption

Advised as a state-owned air traffic management entity in relation to serious fraud and corruption allegations levelled against one of its service providers (a multinational company) and whether it should continue doing business with that entity, after it had been accused of serious crime involving procurement fraud and corruption in the Republic of South Africa.

Civil aviation authority

Advised a state-owned air traffic management entity on a tender issued by the civil aviation authority of a neighbouring SADC state including its obligations to National Treasury and its execute authority arising from the Public Finance Management Act, the National Treasury Regulations and Practice/Instruction Notes.

Compliance

Advising private companies on compliance with the Broad-Based Black Economic Empowerment Act and appearing before the Broad-Based Black Economic Empowerment Commission.