Nomlayo Mabhena-Mlilo

Director

Nomlayo Mabhena-Mlilo is a Director in our Dispute Resolution practice. She focuses on commercial litigation with specific attention to property and property finance-related litigation for major financial institutions. She further focuses on project finance litigation for State-Owned Enterprises, and has experience in petroleum franchising litigation. Her practice extends to administrative law, business rescue, and insolvency law. Highlight work for Nomlayo includes obtaining interdicts; assisting with private enquiries into the trade, dealings, affairs, or property of insolvent companies unable to pay their debts to development corporations, and reviewing proceedings in respect of irregular termination of tenders awarded to various entities by public bodies for the supply of personal protective equipment to the state.

Nomlayo Mabhena-Mlilo

About Nomlayo

Nomlayo joined Cliffe Dekker Hofmeyr as a Candidate Attorney in 2017 and has gained experience in the Dispute Resolution, Employment as well as the Real Estate and Conveyancing practices. Nomlayo was appointed as an Associate in 2019 and promoted to Senior Associate in 2022. Nomlayo was appointed Director in 2024.

Areas of expertise

Credentials

Education

  • LLB, University of Pretoria
  • Admitted as an attorney: 2019
  • Admitted as a conveyancer: 2019

LANGUAGES

  • English

News

The (dis)connect between section 34 of the Insolvency Act and business rescue proceedings
Corporate Debt, Turnaround & Restructuring

The (dis)connect between section 34 of the Insolvency Act and business rescue proceedings

Section 34 of the Insolvency Act 24 of 1936 (Insolvency Act) stipulates that if a trader, as defined in section 2 of the Act, transfers a business, its goodwill, or any goods or property...

“Chairperson, what I know, I don’t remember” – Providing incriminating evidence in a section 417 and  418 enquiry
Corporate Debt, Turnaround & Restructuring

“Chairperson, what I know, I don’t remember” – Providing incriminating evidence in a section 417 and 418 enquiry

Commissions of enquiry have become commonplace in the South African legal landscape. In the context of insolvency proceedings, the purpose of such an enquiry is to investigate a specific...

A lawyer’s greatest lesson - the ripple effect of kindness
Dispute Resolution

A lawyer’s greatest lesson - the ripple effect of kindness

Nomlayo Mabena-Mlilo, Director in the Dispute Resolution practice was featured in FANews where she discussed A lawyer’s greatest lesson - the ripple effect of kindness.

A story of inspiration and the ripple effect of kindness
Dispute Resolution

A story of inspiration and the ripple effect of kindness

Nomlayo Mabhena-Mlilo, a Director in the Dispute Resolution practice, discusses with Kuda Chimedza, Senior Associate in the Banking, Finance & Projects, how kindness and compassion...

Watch | A story of inspiration and the ripple effect of kindness
Dispute Resolution

Watch | A story of inspiration and the ripple effect of kindness

Nomlayo Mabhena-Mlilo, a Director in the Dispute Resolution practice, discusses with Kuda Chimedza, Senior Associate in the Banking, Finance & Projects, how kindness and compassion...

The alarming rise in cybercrime: How businesses can legally protect themselves.
Dispute Resolution

The alarming rise in cybercrime: How businesses can legally protect themselves.

Nomlayo Mabhena-Mlilo, Director in the Dispute Resolution practice joined Tony Ndoro on eNCA to discuss The alarming rise in cybercrime: How businesses can legally protect themselves.

'New Dawn' for Public Procurement in South Africa: The Public Procurement Act becomes law
Dispute Resolution

'New Dawn' for Public Procurement in South Africa: The Public Procurement Act becomes law

Following its adoption by the National Assembly on 16 May 2024, President Cyril Ramaphosa on 23 July 2023, assented to signed into law the Public Procurement Act 28 of 2024. The Public Procurement...

A prudent question is one half of wisdom: The consequences of business email compromise on individuals | Part 2
Dispute Resolution

A prudent question is one half of wisdom: The consequences of business email compromise on individuals | Part 2

Modern day technology has afforded people the luxury of convenience. However, with this increased convenience has come an upsurge in cybercrime attacks against law firms, banks, individuals...

Procurement integrity and general procurement requirements
Dispute Resolution

Procurement integrity and general procurement requirements

Public procurement is one of the government activities highly vulnerable to corruption. The financial interests at stake, the volume of transactions and the close interaction between...

The establishment of the Public Procurement Tribunal
Dispute Resolution

The establishment of the Public Procurement Tribunal

The complex public procurement system in South Africa has been fertile ground for litigation over many years, and to say that law reports are replete with cases dealing with public...

The interplay between set-off and post-liquidation debt
Corporate Debt, Turnaround & Restructuring

The interplay between set-off and post-liquidation debt

Can a creditor that has realised its security in terms of section 83(3) of the Insolvency Act, 1936 claim set-off of a post-liquidation debt owed to it by an insolvent estate or company...

Nomlayo Mabhena-Mlilo discusses the future of the legal profession and access to justice in South Africa

Nomlayo Mabhena-Mlilo discusses the future of the legal profession and access to justice in South Africa

In this episode of the CDH Women Empowerment podcast series, we speak to Nomlayo Mabhena-Mlilo, a Senior Associate in the Dispute Resolution practice.

The test for insolvency revisited: Setting aside liquidation proceedings
Corporate Debt, Turnaround & Restructuring

The test for insolvency revisited: Setting aside liquidation proceedings

In the case of The Commissioner for the South African Revenue Service v Nyhonyha and Others (1150/2021) ZASCA 69 (18 May 2023) the Supreme Court of Appeal (SCA) was confronted with...

A prudent question is one half of wisdom: The consequences of business email compromise for banks and attorneys
Dispute Resolution

A prudent question is one half of wisdom: The consequences of business email compromise for banks and attorneys

It was Sun Tzu who famously said, “ He who is prudent and lies in wait for an enemy who is not, will be victorious .” However, what happens to an attorney who is sufficiently prudent...

Some rules are meant to be broken, but at what cost in a court of law?
Dispute Resolution

Some rules are meant to be broken, but at what cost in a court of law?

“ The prime purpose of the court rules is to oil the wheels of justice in order to expedite the resolution of disputes. Quibbling about trivial deviations from the court rules retards...

Eviction under the PIE Act: If wishes were horses
Dispute Resolution

Eviction under the PIE Act: If wishes were horses

It was Erik Pevernagie who said, “ Desire or impassioned liking go with a demanding and ongoing quest, and therefore patience and indulgence are decisive to hitting the trail to empathizing...

All is almost fair in international investment ‘woes’: Code of Conduct for Adjudicators
Dispute Resolution

All is almost fair in international investment ‘woes’: Code of Conduct for Adjudicators

The art of guerrilla warfare is characterised by the use of military tactics, including ambushes, sabotage, raids, petty warfare, hit-and-run tactics, and mobility, to fight a larger...

Strides, struggles and solutions for women in South Africa
Dispute Resolution

Strides, struggles and solutions for women in South Africa

"Be resilient, the world is your oyster", says Nomlayo Mabhena-Mlilo, Senior Associate in our Dispute Resolution practice. Nomlayo recently formed part of a panel on SABC 3's Unfiltered,...

Kicking for touch: The unintended consequences of suspending winding-up proceedings pending business rescue
Corporate Debt, Turnaround & Restructuring

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...

After the proverbial horse has 'incorrectly' bolted: Deriving benefit from an unlawful contract
Dispute Resolution

After the proverbial horse has 'incorrectly' bolted: Deriving benefit from an unlawful contract

” The apparent anomaly that an unlawful act can produce legally effective consequences is not one that admits easy and consistently logical solutions .”– Froneman J in the case of...

Legalities and laws surrounding home ownership in South Africa
Dispute Resolution

Legalities and laws surrounding home ownership in South Africa

Nomlayo Mabhena, Associate in our Dispute Resolution practice appeared on Daily Thetha, an educational talk show on SABC 1 that explores youth issues, as well as issues of national importance....

Nomlayo Mabhena named the youngest black conveyancer

Nomlayo Mabhena named the youngest black conveyancer

Dispute Resolution Associate, Nomlayo Mabhena, was recently named the youngest black female attorney to be admitted as a conveyancer. She joined SAFM's Late Night Conversation with...

The (dis)connect between section 34 of the Insolvency Act and business rescue proceedings
Corporate Debt, Turnaround & Restructuring

The (dis)connect between section 34 of the Insolvency Act and business rescue proceedings

Section 34 of the Insolvency Act 24 of 1936 (Insolvency Act) stipulates that if a trader, as defined in section 2 of the Act, transfers a business, its goodwill, or any goods or property...

“Chairperson, what I know, I don’t remember” – Providing incriminating evidence in a section 417 and  418 enquiry
Corporate Debt, Turnaround & Restructuring

“Chairperson, what I know, I don’t remember” – Providing incriminating evidence in a section 417 and 418 enquiry

Commissions of enquiry have become commonplace in the South African legal landscape. In the context of insolvency proceedings, the purpose of such an enquiry is to investigate a specific...

A lawyer’s greatest lesson - the ripple effect of kindness
Dispute Resolution

A lawyer’s greatest lesson - the ripple effect of kindness

Nomlayo Mabena-Mlilo, Director in the Dispute Resolution practice was featured in FANews where she discussed A lawyer’s greatest lesson - the ripple effect of kindness.

'New Dawn' for Public Procurement in South Africa: The Public Procurement Act becomes law
Dispute Resolution

'New Dawn' for Public Procurement in South Africa: The Public Procurement Act becomes law

Following its adoption by the National Assembly on 16 May 2024, President Cyril Ramaphosa on 23 July 2023, assented to signed into law the Public Procurement Act 28 of 2024. The Public Procurement...

A prudent question is one half of wisdom: The consequences of business email compromise on individuals | Part 2
Dispute Resolution

A prudent question is one half of wisdom: The consequences of business email compromise on individuals | Part 2

Modern day technology has afforded people the luxury of convenience. However, with this increased convenience has come an upsurge in cybercrime attacks against law firms, banks, individuals...

Procurement integrity and general procurement requirements
Dispute Resolution

Procurement integrity and general procurement requirements

Public procurement is one of the government activities highly vulnerable to corruption. The financial interests at stake, the volume of transactions and the close interaction between...

The establishment of the Public Procurement Tribunal
Dispute Resolution

The establishment of the Public Procurement Tribunal

The complex public procurement system in South Africa has been fertile ground for litigation over many years, and to say that law reports are replete with cases dealing with public...

The interplay between set-off and post-liquidation debt
Corporate Debt, Turnaround & Restructuring

The interplay between set-off and post-liquidation debt

Can a creditor that has realised its security in terms of section 83(3) of the Insolvency Act, 1936 claim set-off of a post-liquidation debt owed to it by an insolvent estate or company...

The test for insolvency revisited: Setting aside liquidation proceedings
Corporate Debt, Turnaround & Restructuring

The test for insolvency revisited: Setting aside liquidation proceedings

In the case of The Commissioner for the South African Revenue Service v Nyhonyha and Others (1150/2021) ZASCA 69 (18 May 2023) the Supreme Court of Appeal (SCA) was confronted with...

A prudent question is one half of wisdom: The consequences of business email compromise for banks and attorneys
Dispute Resolution

A prudent question is one half of wisdom: The consequences of business email compromise for banks and attorneys

It was Sun Tzu who famously said, “ He who is prudent and lies in wait for an enemy who is not, will be victorious .” However, what happens to an attorney who is sufficiently prudent...

Some rules are meant to be broken, but at what cost in a court of law?
Dispute Resolution

Some rules are meant to be broken, but at what cost in a court of law?

“ The prime purpose of the court rules is to oil the wheels of justice in order to expedite the resolution of disputes. Quibbling about trivial deviations from the court rules retards...

Eviction under the PIE Act: If wishes were horses
Dispute Resolution

Eviction under the PIE Act: If wishes were horses

It was Erik Pevernagie who said, “ Desire or impassioned liking go with a demanding and ongoing quest, and therefore patience and indulgence are decisive to hitting the trail to empathizing...

All is almost fair in international investment ‘woes’: Code of Conduct for Adjudicators
Dispute Resolution

All is almost fair in international investment ‘woes’: Code of Conduct for Adjudicators

The art of guerrilla warfare is characterised by the use of military tactics, including ambushes, sabotage, raids, petty warfare, hit-and-run tactics, and mobility, to fight a larger...

Kicking for touch: The unintended consequences of suspending winding-up proceedings pending business rescue
Corporate Debt, Turnaround & Restructuring

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...

After the proverbial horse has 'incorrectly' bolted: Deriving benefit from an unlawful contract
Dispute Resolution

After the proverbial horse has 'incorrectly' bolted: Deriving benefit from an unlawful contract

” The apparent anomaly that an unlawful act can produce legally effective consequences is not one that admits easy and consistently logical solutions .”– Froneman J in the case of...

From vision to fruition.