Khaya Mantengu
Khaya Mantengu is a Director in our Dispute Resolution practice, specializing in construction and engineering matters. Khaya has extensive experience in providing advice and assisting clients in mediation, adjudication, arbitration and High Court matters. This experience includes several disputes involving the construction of power stations, dams, large-scale accommodation facilities, schools, roads, mines, water and sanitation projects and smelters throughout Africa.
His experience also includes drafting and reviewing construction contracts based on standard form agreements, such as the Federation Internationale Des Ingenieurs-Conseils (FIDIC) and the Joint Building Contracts Committee (JBCC), and the New Engineering Contract (NEC), EPCM, O&M and bespoke contracts in the built environment.

About Khaya
About Khaya
Khaya started his career as a Candidate Attorney in 2011 with Cliffe Dekker Hofmeyer. In 2013 he was appointed as an Associate. Later that year, Khaya joined ENSafrica and in 2015 was appointed as a senior associate. In 2017 Khaya joined NewGX Capital group of companies as head of legal. In 2018 he opened Mantengu Attorneys. In 2020 he joined Gwina Attorneys as a Director. He joined Fluxmans Attorneys as a Director 2021. Khaya re-joined CDH in 2024.
Khaya serves as an adjudicator on the Construction Adjudication Association of South Africa.
Credentials
Credentials
Education
- LLB: University of Kwa-Zulu Natal
- Admitted as an attorney: 2013
Membership
- Construction Adjudication Association of South Africa.
Languages
Languages
- English
- isiZulu
About Khaya
Khaya started his career as a Candidate Attorney in 2011 with Cliffe Dekker Hofmeyer. In 2013 he was appointed as an Associate. Later that year, Khaya joined ENSafrica and in 2015 was appointed as a senior associate. In 2017 Khaya joined NewGX Capital group of companies as head of legal. In 2018 he opened Mantengu Attorneys. In 2020 he joined Gwina Attorneys as a Director. He joined Fluxmans Attorneys as a Director 2021. Khaya re-joined CDH in 2024.
Khaya serves as an adjudicator on the Construction Adjudication Association of South Africa.
Credentials
Education
- LLB: University of Kwa-Zulu Natal
- Admitted as an attorney: 2013
Membership
- Construction Adjudication Association of South Africa.
Languages
- English
- isiZulu
Experience
Advised a construction contractor in relation to a dispute arising out of a contract for the supply and installation of structural steel, mechanical equipment, platework and piping works contract in the Democratic Republic of Congo
Advised a Chinese contractor in respect of the FIDIC Red Book contractual dispute with the Mauritian government for the construction of the Dam in Bagatelle, Mauritius.
Advised the national power utility in relation to the construction disputes at Ingula Pumped Storage Scheme.
Advised the national government department in relation to a dispute in relation to the construction of their head offices in Pretoria.
Advised an engineering firm in the SIU Tribunal in relation to the construction of a hospital which was investigated by SIU. Advised a Mpumalanga based waste-management company in a dispute with a design engineering firm in the High court of Johannesburg.
Advised electrical and instrumentation subcontractor on Kriel Power Station in relation to the submission of its claims to the main contractor.
Advised contractor in a dispute against the Eastern Cape Department of Health in relation to the construction of accommodation for the Greenville Hospital.
Advising property development company in relation to multiple disputes (based on the JBCC) in the construction of various student accommodation and commercial office facilities in Gauteng, Eastern Cape and Western Cape.
Advising the national roads agency in a dispute with a road construction contractor in the Pretoria High Court.
Advising the national government in a building dispute with a building contractor in the Pretoria High Court.
Advised electrical and instrumentation subcontractor on Kusile Power Station in relation to the submission of its claims to the main contractor.
Advising a government infrastructure implementing agent defending contractual and payment claims in in the East London High Court.
Advising a government infrastructure implementing agent in a review application in the East London High Court.
Advising the main contractor on Medupi Power Station in a dispute between itself and a subcontractor regarding a payment dispute.
Advising multinational construction company on various disputes (based on NEC3) with government in respect of the construction of multiple schools in Gauteng.
Advised a Canadian engineering firm in relation to a dispute for professional services rendered advised Zambian mining company in relation to disputes related to construction of a copper smelter.
Advising a listed cement company in preparing on-shore and offshore EPC Contracts.
Advising bidding consortium in relation to a PPP submission for the for the design, construction, finance, operation and maintenance in respect of the Kopanong Project.
Advising bidding consortium in relation to a PPP submission of PPP for the design, construction, finance, operation and maintenance of border post of the Department of Home Affairs.
Advising bidding consortium in relation to a PPP submission of PPP for the design, construction, finance, operation and maintenance of student accommodation for the Government of Rwanda
Assisted a mining company in Thabazimbi relation to the construction of a solar power plant and power-purchase agreement.
Assisted Property Developers regarding construction and professional appointment contracts based on PROCSA, JBCC and GCC for the procurement and construction of various projects in Cape Town, Kwa-Zulu Natal and in Johannesburg.
Advising a cement company in the construction of a cement plant in Rwanda, based on the FIDIC Silver Book.
Advised a financial institution with the preparation of a construction agreement based on the FIDIC Red Book for the construction of the largest data centre in Africa.
Advising a Mining company on the construction of a diamond mine in Botswana, based on the FIDIC Silver Book.
Advising the national power utility on the procurement methodology (based on the FIDIC Silver Book) of a contractor to carry out works related to replacement of a boiler at Duvha power station.
Advising cement company in preparing a bespoke supply and installation agreement.
Advised a client acting as an implementing agent of the department of basic education in terms of (ASIDI) in the preparation of professional consultancy agreements based on the NEC3, JBCC and PROCSA agreements, in Kwa-Zulu Natal, Eastern Cape, Mpumalanga and Limpopo.
News

Does a time-bar challenge negate an adjudicator’s jurisdiction to determine a dispute
Khaya Mantengu, Director, and Zodwa Malinga, Associate in the Dispute Resolution and Construction & Engineering, were recently featured in the Sunday Times Supplement, where they discussed...

Does a time-bar challenge negate an adjudicator’s jurisdiction to determine a referred dispute?
Adjudication serves as a crucial dispute resolution tool in South African construction contracts, offering a rapid, interim solution to keep projects moving amid disagreements. Increasingly integrated...

Capacity building and fostering expertise in international arbitration in Africa
The central theme of the Johannesburg Arbitration Week 2024 (JAW) was showcasing arbitration in Africa. This prompted engaging discussion and renewed calls for the Africanisation of...

Arbitration on top or a comeback for the courts?
A key discussion point at the inaugural Johannesburg Arbitration Week was the expansion of the use of international arbitration to resolve commercial disputes in Africa. In many instances...

A new African order: Key initiatives and trends transforming international arbitration in Africa
CDH, together with the Arbitration Foundation of Southern Africa (AFSA) and other local and international co-hosts, presented the inaugural Johannesburg Arbitration Week ( JAW) earlier...
Market recognition
- The Legal 500 EMEA 2025 recommended Khaya for construction.

Market recognition
- The Legal 500 EMEA 2025 recommended Khaya for construction.
Expertise

Dispute Resolution
Our lawyers work together with clients to find business-oriented dispute resolution solutions.

Construction & Engineering
We support our clients in developing the built environment and we understand the importance of completing projects on time and within budget.

International Arbitration
We guide our clients through the complexities of international arbitration.

Mining & Minerals
We help our clients navigate legal and administrative complexities in this key economic sector.