Belinda Scriba
Belinda Scriba is a Director in our Dispute Resolution practice. She is also a qualified mediator and a member of our Corporate Debt, Turnaround & Restructuring and our Agriculture, Aquaculture & Fishing sectors. Her extensive experience includes mediation, litigation and arbitration (international and local) in the areas of insolvency and business rescue, corporate and commercial contractual disputes (including shareholder disputes), Companies Act disputes, corporate investigations, maritime, and international trade.
About Belinda
Belinda completed her articles in 2004 and thereafter went to England for two years, predominantly to travel. In England Belinda worked as a corporate private mergers and acquisitions professional support paralegal at Freshfields Bruckhaus Deringer. She joined Hofmeyr Herbstein and Gihwala as an Associate in April 2007 and was promoted to Senior Associate in 2012. Belinda was appointed as a Director in 2017.
Areas of expertise
Experience
Advising international and local clients on the aspects of South African maritime and admiralty law, both from a litigious and commercial contract drafting perspective.
Representing international clients in launching or defending maritime proceedings, including proceedings with the view of preserving assets located in South Africa though ship arrests.
Advising clients in terms of litigation or applications relating to the Consumer Protection Act, the National Credit Act, the Promotion of Access to Information Act and the Companies Act.
Representing clients in seeking the recognition of foreign judgments and bankruptcy/re-organisation proceedings.
Advising clients on business rescue proceedings, either as creditors or the entity requiring rescue.
Assisting clients in defending or bringing insolvency proceedings. Advising major public institutions on maritime concession rights.
Acting for and advising clients on commercial disputes (contractual and otherwise).
Recognition
- Belinda was listed in the Legal 500 Private Practice Arbitration Powerlist: Africa 2023.
Credentials
Education
- BCom Law, LLB, University of Stellenbosch
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Year of admission as an attorney: 2004
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Mediation in Motion, University of Cape Town: 2020
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Registered with the Legal Practice Council
Membership
- Mediation in Motion
LANGUAGES
- English
News
Constitutional rights versus statutory timelines – SCA grants condonation in Rossouw v Blignaut & Wessels
The case of Rossouw v Blignaut & Wessels and Another ZASCA 146 dealt with important issues around applications for condonation, special leave of appeal to the Supreme Court of Appeal...
Talk is cheap: The legal reality of verbal agreements in South Africa
Ever sealed a deal on a call or over coffee and wondered if it would stand up if things went south?
When a trust can’t, and shouldn’t, protect ill-gotten assets
The recent Supreme Court of Appeal (SCA) decision of Van Rooyen N.O and Another v Mokwena N.O and Another (63/2023) ZASCA 130 reinforces the important principle that trusts, while...
Ministerial discretion in the allocation of fishing rights
On 18 December 2023 the former Minister of Forestry, Fisheries and the Environment (Minister), Barbara Creecy, upheld the decision to refuse Jaffas Bay Fishing CC (Jaffas Bay) commercial...
The consequences of selective payments to creditors by insolvents
In sequestration proceedings, achieving equity for the body of creditors must prevail over the interests of a select few. This was the central point in Astra Constantine Inc v Jones...
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).
Director removals under the Companies Act 71 of 2008
In this CDH Conversations episode, Belinda Scriba, Claudia Grobler, Professional Support Lawyer Roxanne Bain, and Candidate Attorney, Azola Ndongeni unpack the legal and procedural...
'Landlords' business rescue journey
Lucinde Rhoodie and Belinda Scriba, Directors in the Corporate Debt, Turnaround and Restructuring sector, were recently featured in the Sunday Times Supplements, where they unpacked...
Can companies in business rescue shield themselves from guarantee or suretyship claims by using section 133(2)?
Section 133 of the Companies Act 71 of 2008 (Act) plays a crucial role in South Africa’s corporate restructuring framework by introducing a general moratorium on instituting legal...
Recognition and enforcement of Russian Lugovoy Law judgments in South Africa
In June 2020 the Russian Federal Law 171-FZ was adopted (the “ Lugovoy Law ”). It amended Article 248 of the Russian Commercial (Arbitrazh) Procedure Code to enable Russian commercial...
Sanctions-era arbitration: Is South Africa the answer?
The conduct and resolution of international disputes are frequently influenced by geopolitical and economic forces – which have become more erratic in the current climate. Sanctions,...
Look before you leap: Avoiding the chaos caused by multiple liquidation applications
On 31 March 2025, the Supreme Court of Appeal of South Africa (SCA) handed down judgment in the matter of Resilient Rock (Pty) Ltd v Voltex (Pty) Ltd t/a Atlas Group (1132/2023) ZASCA...
From trial to table: Mediation becomes front and centre in Gauteng
The Judge President of the Gauteng Division of the High Court of South Africa has now formally introduced obligatory mediation for civil matters, effective 22 April 2025. To understand...
Examining the Agricultural Interest of the New Expropriation Act
Belinda Scriba, Director; Bridget Witts-Hewinson, Senior Associate; and Claudia Grobler, Associate, in the Agriculture, Aquaculture & Fishing sector were recently featured in Harvest...
From conflict to resolution: Insights into traditional global mediation practices
Conflict is a natural part of human interaction, and different cultures have developed unique dispute resolution strategies to address disputes in ways that align with their traditions,...
Webinar Recording | Expropriation Act 13 of 2024: Expropriation of land - where are we
Our panel of experts hosted a webinar on the Expropriation Act 13 of 2024.
Navigating change: The new Expropriation Act v the old Expropriation Act
The Expropriation Bill of 2020, as approved and signed by the President, was published on 24 January 2025. It is now formally known as the Expropriation Act 13 of 2024 (New Act). The...
Tribunal takes no nonsense with director removals
Section 71 of the Companies Act 71 of 2008 (Act) sets out the process of removing a director of a company. Usually, subsections 3 and 4 would apply, which prescribe (i) a shareholder...
SARS and the business rescue practitioners and business rescue scenarios
Lucinde Rhoodie and Belinda Scriba in the Corporate Debt, Turnaround & Restructuring sector recorded an episode of CDH Conversations on Monday, 21 October 2024, where they spoke about...
Can directors be held liable to creditors under section 218, read with section 22 of the Companies Act?
This is the question that the Supreme Court of Appeal (SCA) had to answer in the recent case of Venator Africa (Pty) Ltd v Watts and Another (053/2023)ZASCA60.
The difference between business rescue and liquidation
CDH believes that the conversation around business rescue is an important one that requires the regular sharing of insights that can potentially assist businesses make informed decisions,...
Belinda Scriba discusses the difference between business rescue and liquidation on Fine Music Radio
CDH believes that the conversation around business rescue is an important one that requires the regular sharing of insights that can potentially assist businesses make informed decisions,...
Understanding the history and significance of business rescue in SA
Belinda Scriba, Director in the Dispute Resolution practice joined Aviwe Mtila on eNCA where she discussed Understanding the history and significance of business rescue in SA.
Could this movie have a happier ending
Webinar Recording | Your land or mine?
A review of the law and trends in relation to unlawful occupation, both rural and urban.
Belinda Scriba unpacks maritime law
As we continue to commemorate 100 years of women in law, we bring you another insightful episode of the CDH Women Empowerment podcast series. This month we are joined by Belinda Scriba.
Turnaround Talks | Unpacking the Comair saga
Director and Head of our Business Rescue, Restructuring & Insolvency sector Tobie Jordaan, with Directors, Lucinde Rhoodie, Belinda Scriba, Roxanne Webster, and Associate Nseula Chilikhuma...
Digital progression of South Africa's courts
Belinda Scriba, Director in the Dispute Resolution practice joined Cape Talk to discuss the digital progression of South Africa's courts, particularly amid Covid-19 and lockdown. She...
The state of business rescue in South Africa
Belinda Scriba, Director in our Dispute Resolution practice joined Newzroom Africa to discuss the state of business rescue in South Africa. One of the major concerns raised is that...
Navigating Business Rescue, Restructuring & Insolvency during COVID-19 | Part 2
Topics discussed included the impact of COVID-19 on South African economy, Directors’ liability when trading in financially distressed or insolvent circumstances, current legislative...
Constitutional rights versus statutory timelines – SCA grants condonation in Rossouw v Blignaut & Wessels
The case of Rossouw v Blignaut & Wessels and Another ZASCA 146 dealt with important issues around applications for condonation, special leave of appeal to the Supreme Court of Appeal...
When a trust can’t, and shouldn’t, protect ill-gotten assets
The recent Supreme Court of Appeal (SCA) decision of Van Rooyen N.O and Another v Mokwena N.O and Another (63/2023) ZASCA 130 reinforces the important principle that trusts, while...
Ministerial discretion in the allocation of fishing rights
On 18 December 2023 the former Minister of Forestry, Fisheries and the Environment (Minister), Barbara Creecy, upheld the decision to refuse Jaffas Bay Fishing CC (Jaffas Bay) commercial...
The consequences of selective payments to creditors by insolvents
In sequestration proceedings, achieving equity for the body of creditors must prevail over the interests of a select few. This was the central point in Astra Constantine Inc v Jones...
'Landlords' business rescue journey
Lucinde Rhoodie and Belinda Scriba, Directors in the Corporate Debt, Turnaround and Restructuring sector, were recently featured in the Sunday Times Supplements, where they unpacked...
Can companies in business rescue shield themselves from guarantee or suretyship claims by using section 133(2)?
Section 133 of the Companies Act 71 of 2008 (Act) plays a crucial role in South Africa’s corporate restructuring framework by introducing a general moratorium on instituting legal...
Recognition and enforcement of Russian Lugovoy Law judgments in South Africa
In June 2020 the Russian Federal Law 171-FZ was adopted (the “ Lugovoy Law ”). It amended Article 248 of the Russian Commercial (Arbitrazh) Procedure Code to enable Russian commercial...
Sanctions-era arbitration: Is South Africa the answer?
The conduct and resolution of international disputes are frequently influenced by geopolitical and economic forces – which have become more erratic in the current climate. Sanctions,...
Look before you leap: Avoiding the chaos caused by multiple liquidation applications
On 31 March 2025, the Supreme Court of Appeal of South Africa (SCA) handed down judgment in the matter of Resilient Rock (Pty) Ltd v Voltex (Pty) Ltd t/a Atlas Group (1132/2023) ZASCA...
From trial to table: Mediation becomes front and centre in Gauteng
The Judge President of the Gauteng Division of the High Court of South Africa has now formally introduced obligatory mediation for civil matters, effective 22 April 2025. To understand...
Examining the Agricultural Interest of the New Expropriation Act
Belinda Scriba, Director; Bridget Witts-Hewinson, Senior Associate; and Claudia Grobler, Associate, in the Agriculture, Aquaculture & Fishing sector were recently featured in Harvest...
From conflict to resolution: Insights into traditional global mediation practices
Conflict is a natural part of human interaction, and different cultures have developed unique dispute resolution strategies to address disputes in ways that align with their traditions,...
Navigating change: The new Expropriation Act v the old Expropriation Act
The Expropriation Bill of 2020, as approved and signed by the President, was published on 24 January 2025. It is now formally known as the Expropriation Act 13 of 2024 (New Act). The...
Tribunal takes no nonsense with director removals
Section 71 of the Companies Act 71 of 2008 (Act) sets out the process of removing a director of a company. Usually, subsections 3 and 4 would apply, which prescribe (i) a shareholder...
Can directors be held liable to creditors under section 218, read with section 22 of the Companies Act?
This is the question that the Supreme Court of Appeal (SCA) had to answer in the recent case of Venator Africa (Pty) Ltd v Watts and Another (053/2023)ZASCA60.
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).
Webinar Recording | Expropriation Act 13 of 2024: Expropriation of land - where are we
Our panel of experts hosted a webinar on the Expropriation Act 13 of 2024.
The difference between business rescue and liquidation
CDH believes that the conversation around business rescue is an important one that requires the regular sharing of insights that can potentially assist businesses make informed decisions,...
Understanding the history and significance of business rescue in SA
Belinda Scriba, Director in the Dispute Resolution practice joined Aviwe Mtila on eNCA where she discussed Understanding the history and significance of business rescue in SA.
Webinar Recording | Your land or mine?
A review of the law and trends in relation to unlawful occupation, both rural and urban.
Turnaround Talks | Unpacking the Comair saga
Director and Head of our Business Rescue, Restructuring & Insolvency sector Tobie Jordaan, with Directors, Lucinde Rhoodie, Belinda Scriba, Roxanne Webster, and Associate Nseula Chilikhuma...
The state of business rescue in South Africa
Belinda Scriba, Director in our Dispute Resolution practice joined Newzroom Africa to discuss the state of business rescue in South Africa. One of the major concerns raised is that...
Navigating Business Rescue, Restructuring & Insolvency during COVID-19 | Part 2
Topics discussed included the impact of COVID-19 on South African economy, Directors’ liability when trading in financially distressed or insolvent circumstances, current legislative...
Talk is cheap: The legal reality of verbal agreements in South Africa
Ever sealed a deal on a call or over coffee and wondered if it would stand up if things went south?
Director removals under the Companies Act 71 of 2008
In this CDH Conversations episode, Belinda Scriba, Claudia Grobler, Professional Support Lawyer Roxanne Bain, and Candidate Attorney, Azola Ndongeni unpack the legal and procedural...
SARS and the business rescue practitioners and business rescue scenarios
Lucinde Rhoodie and Belinda Scriba in the Corporate Debt, Turnaround & Restructuring sector recorded an episode of CDH Conversations on Monday, 21 October 2024, where they spoke about...
Belinda Scriba discusses the difference between business rescue and liquidation on Fine Music Radio
CDH believes that the conversation around business rescue is an important one that requires the regular sharing of insights that can potentially assist businesses make informed decisions,...
Could this movie have a happier ending
Belinda Scriba unpacks maritime law
As we continue to commemorate 100 years of women in law, we bring you another insightful episode of the CDH Women Empowerment podcast series. This month we are joined by Belinda Scriba.
Digital progression of South Africa's courts
Belinda Scriba, Director in the Dispute Resolution practice joined Cape Talk to discuss the digital progression of South Africa's courts, particularly amid Covid-19 and lockdown. She...