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Mongezi Mpahlwa

Director

Mongezi Mpahlwa is a Director in our Dispute Resolution practice. Mongezi has experience in the fields of inter alia corporate and commercial dispute resolution, insolvency law, credit law (foreclosures, corporate recoveries, business rescue, liquidations etc.), insurance law (life assurance, pension fund and disability fund claims), regulatory work of accounting and international auditing standards, general litigation and arbitrations etc.

+27 (0)11 562 1476
mongezi.mpahlwa@cdhlegal.comJohannesburg
Mongezi Mpahlwa

Credentials

Credentials

Education

  • B.Com (Law) LLB, University of the Western Cape
  • Admission as an attorney, Western Cape High Court Division, Cape Town, 2014
  • Certificate in Advanced Case Management (LEAD), 2015
  • Admission as an attorney, Gauteng High Court Division, Pretoria, 2016
  • International Commercial Arbitration Certificate, University of Pretoria, 2018

Memberships

  • Black Lawyers Association (BLA) National Executive Committee (Treasurer, 2018 to date)

Credentials

Education

  • B.Com (Law) LLB, University of the Western Cape
  • Admission as an attorney, Western Cape High Court Division, Cape Town, 2014
  • Certificate in Advanced Case Management (LEAD), 2015
  • Admission as an attorney, Gauteng High Court Division, Pretoria, 2016
  • International Commercial Arbitration Certificate, University of Pretoria, 2018

Memberships

  • Black Lawyers Association (BLA) National Executive Committee (Treasurer, 2018 to date)

Experience

Regulatory framework

Expertise in the regulatory framework of accounting and international auditing standards. He initiated and successfully prosecuted disciplinary proceedings on behalf of the Independent Regulatory Board for Auditors (IRBA) against a former partner of one of the large auditing firms in the country for accounting irregularities and transgressing various auditing standards. The auditor was struck of from the register of registered auditors for an indefinite period after being found guilty of improper conduct, aiding and abetting tax evasion and dishonesty.

Insolvency and business rescue

He also specialises in the insolvency and business rescue practice area, with extensive experience in liquidations and business rescue proceedings in sectors such as mining, agriculture, private healthcare and hospitality, amongst others. He was recently involved in an application for the disposition without value of two payments of R 12 million and R 19 million in terms of sections 26 and 29 of the Insolvency Act 24, 1936 respectively on behalf of an insolvent estate.

Business re-structuring and recoverie

Mongezi has experience in business re-structuring and recoveries for State-Owned-Enterprises such as the Industrial Development Corporation of South Africa and the Public Investment Corporation. He assisted in placing an investee company under business rescue following an irresoluble deadlock between the directors, which was resolved by the removal of one of the directors from the company's board.

Commercial arbitrations

Experience in commercial arbitrations involving body corporates, director and shareholder disputes, commercial lease disputes and has acted for the Cape Peninsula University of Technology, Jocelyn Mansions, Synergy Income Fund Limited and Old Mutual Properties amongst others. He was involved in the dispute in respect of the bankability of the Gautrain project, which marked the evolution of public railway transport in South Africa. He was also involved in the recent case against the South African National Roads Agency (SANRAL) initiated by a Contractor in order to prevent SANRAL from exercising its rights to call up various on-demand guarantees following the termination of the construction agreement valued at R 1,6 billion.

Old Mutual Life Assurance Company

He has acted on behalf of Old Mutual Life Assurance Company (South Africa) Limited in defending fraudulent life assurance, pension fund and disability fund claims lodged on behalf of beneficiaries.

Landmark silicosis class action lawsuit

He was involved in the initial stages of the landmark silicosis class action lawsuit instituted against various South African mining companies and was part of an international team of lawyers involved in setting up satellite offices across the country for purposes of consulting with claimants and taking statements. 

News

From promise to peril: The duty of credit providers to conduct proper affordability checks
Dispute Resolution

From promise to peril: The duty of credit providers to conduct proper affordability checks

Credit providers have a general duty to conduct proper affordability assessments prior to granting loans or providing credit of any sort to debtors. Failure to adequately do so may...
Insolvency enquiries: Who may examine witnesses?
Business Rescue, Restructuring & Insolvency

Insolvency enquiries: Who may examine witnesses?

Insolvency enquiries envisioned under section 417 and 418 of the Companies Act 61 of 1973 (Act) are convened either by the court or the Master of the High Court (Master). Typically,...
Kicking for touch: The unintended consequences of suspending winding-up proceedings pending business rescue
Business Rescue, Restructuring & Insolvency

Kicking for touch: The unintended consequences of suspending winding-up proceedings pending business rescue

“ Kicking for touch ” is a phrase known by many in the world of sports. It is used loosely by sports players on the rugby field to describe a move to play away from a team’s goal line...
High Court dismisses challenge to mandatory audit firm rotations
Dispute Resolution

High Court dismisses challenge to mandatory audit firm rotations

On 2 December 2021, the Pretoria High Court handed down judgment in the case of East Rand Member District of Chartered Accountants and Others v Independent Regulatory Board for Auditors...
A lawyer’s duty of care: With great responsibility comes great risk
Dispute Resolution

A lawyer’s duty of care: With great responsibility comes great risk

The Financial Intelligence Centre Act 38 of 2001 (FICA) prescribes control measures by which various institutions are to, among other things, verify the identities of their clients...

All articles by Mongezi
Watch as Mongezi Mpahlwa offers advice for prospective law students

Watch as Mongezi Mpahlwa offers advice for prospective law students

It was never Mongezi Mpahlwa’s intention to study law, but having relished the inherent problem-solving aspects of the law subjects structured into his BCom degree, he went on to graduate and...

All videos by Mongezi
Mongezi Mpahlwa - Smile FM - Smart Contracts and Online Dispute Resolution
Dispute Resolution

Mongezi Mpahlwa - Smile FM - Smart Contracts and Online Dispute Resolution

Mongezi Mpahlwa, Director in our Dispute Resolution practice joined Smile FM to discuss smart contract technology and online dispute resolution. He explains the effectiveness of the...

All podcasts by Mongezi

Market recognition

  • The Legal 500 EMEA 2022-2023 recommended Mongezi for dispute resolution.
  • Mail & Guardian's 200 Young South Africans (2017 publication) listed Mongezi in the Justice and Law section as one of the exceptional South Africans under 35 who "have stood out from the pack and who show us what to look forward to in the country’s future".

Market recognition

  • The Legal 500 EMEA 2022-2023 recommended Mongezi for dispute resolution.
  • Mail & Guardian's 200 Young South Africans (2017 publication) listed Mongezi in the Justice and Law section as one of the exceptional South Africans under 35 who "have stood out from the pack and who show us what to look forward to in the country’s future".

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