Vincent joined Cliffe Dekker Hofmeyr as a Candidate Attorney in 2013. He was appointed as an Associate and admitted as an Attorney in 2015 and promoted to Senior Associate in 2018. Vincent was promoted to Director in 2022.

Commercial Arbitration and Litigation

  • 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.
  • 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.
  • 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.
  • 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.
  • Advising and acting for a global market research and a consulting firm in defamation proceedings with a claim of R50 million.
  • Advised and acted for a South African parastatal responsible for the management, maintenance and development of South Africa's proclaimed national road network which includes many national and some provincial and regional route segments to successfully oppose, with costs, an application for an urgent interim interdict and an expedited review application of its decision to cancel a tender for the procurement of the operations and maintenance of an open road tolling system in the Gauteng Province, South Africa, and a national clearing house and violations processing centre to the value of R11.399 billion.
  • Advised and acted for a specialist private hospital group in commercial arbitration proceedings involving the enforceability and performance of a consultant under a consultancy service agreement.
  • Advised and acted for a private company to interdict and review and set aside a municipal tender award in excess of R200 milllion.
  • Advised and acted for an information and communications technology company in unlawful competition and restraint of trade dispute with a competitor, a major pharmaceutical company and former employees.
  • Advised and acted for a specialist private hospital group in the commercial eviction of a radiology practice from a private hospital up to the Supreme Court of Appeal.
  • Part of a team acting for a non-governmental organisation that successfully interdicted, reviewed and set aside the decision not to prosecute Lieutenant General in the South African Police Service up to the Supreme Court of Appeal.

Business Rescue, Restructuring & Insolvency

  • 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.
  • 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.
  • 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.
  • 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.
  • Part of a team that successfully advised and acted for a major public entity in the business rescue proceedings of a major mining company from various applications brought by multiple creditors and other interested parties.
  • Part of a team acting for the joint liquidators of a major private company in various disposition applications and a section 417 and 418 enquiry.

Regulatory & Public Law

  • 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.
  • 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.
  • 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.
  • 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.
  • Advising private companies on compliance with the Broad-Based Black Economic Empowerment Act and appearing before the Broad-Based Black Economic Empowerment Commission.
  • Appearing before the National Consumer Tribunal.

Education

  • LLB, University of Johannesburg (UJ)
  • Year of admission as an attorney: 2015
  • The 6th Course of China-Africa Legal Professional Exchange Programme: 17June 2019 to 7 July 2019
  • Registered with the Legal Practice Council

Membership

  • Legal Practitioner in terms of the Legal Practice Act
  • South African Restructuring and Insolvency Practitioners Association (SARIPA)
  • INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professionals)
What are the next steps for Comair
24 June 2022 Business Rescue, Restructuring & Insolvency

What are the next steps for Comair

The provisional liquidation Comair continues to raise questions on what will happen going will forward. Vincent Manko, Director in our Business Rescue, Restructuring & Insolvency sector discussed the next steps for Comair with SAfm.

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