Vincent Manko

Director

Vincent Manko is a Director in our Dispute Resolution practice. Vincent operates mainly in the fields of commercial litigation and arbitrations, business rescue, restructuring and insolvency, perfections and foreclosures, corporate recoveries, administrative and procurement law.

Vincent Manko

About Vincent

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.

Areas of expertise

Experience

  • 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.

  • 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.

  • 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.

Credentials

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)

LANGUAGES

  • English
  • isiXhosa
  • isiZulu
  • Sepedi
  • Sesotho
  • Setswana

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...

The South African Business Rescue, restructuring (turnaround) and Liquidation profession is strictly regulated by legislation. Where does tax fit in?
Corporate Debt, Turnaround & Restructuring

The South African Business Rescue, restructuring (turnaround) and Liquidation profession is strictly regulated by legislation. Where does tax fit in?

Vincent Manko, Director in the Dispute Resolution practice, Jerome Brink, Director, and Varusha Moodaley, Senior Associate in the Tax & Exchange Control practice joined Jonathan Faurie...

Liability of municipal officials for unauthorised, irregular, fruitless and wasteful expenditure
Dispute Resolution

Liability of municipal officials for unauthorised, irregular, fruitless and wasteful expenditure

Municipalities have original constitutional powers and are directly responsible for the management of their affairs. They are required to comply with the norms and standards imposed...

Syndicated Loan Financing and the role of facility agent
Dispute Resolution

Syndicated Loan Financing and the role of facility agent

Syndicated and club loans are now the leading source of private debt funding for corporates in South Africa.

'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...

The need for businesses rescue to combat extreme rise in liquidations
Corporate Debt, Turnaround & Restructuring

The need for businesses rescue to combat extreme rise in liquidations

Vincent Manko, a Director in the Dispute Resolution practice, joined POWER FM to address who qualifies for business rescue and the need for business rescue to combat the extreme rise...

Surge in struggling SA businesses as liquidations rise by 34.6%
Corporate Debt, Turnaround & Restructuring

Surge in struggling SA businesses as liquidations rise by 34.6%

Vincent Manko, Director in the Dispute Resolution practice, joined Jeremy Maggs on Moneyweb to discuss the importance of business rescue amid a significant surge in liquidations.

Unravelling SA's public procurement challenges
Dispute Resolution

Unravelling SA's public procurement challenges

Vincent Manko joined Jeremy Maggs on Moneyweb to unpack the unravelling of SA's public procurement challenges – the ins and outs of the Public Procurement Tribunal.

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 extent of business rescue practitioners’ powers to suspend a company’s contractual obligations

The extent of business rescue practitioners’ powers to suspend a company’s contractual obligations

Chapter 6 of the Companies Act 71 of 2008 (Companies Act) confers various powers on business rescue practitioners (BRPs) once they have assumed their responsibilities to restructure...

Webinar Recording | Unlocking and Protecting Investment Flow in Africa: The AfCFTA Investment Protocol
Industrials, Manufacturing & Trade

Webinar Recording | Unlocking and Protecting Investment Flow in Africa: The AfCFTA Investment Protocol

Investment into existing and new industries in Africa is critical to unlock the economic growth and development benefits the AfCFTA holds for Africa.

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 role of shareholders in business rescue proceedings
Corporate Debt, Turnaround & Restructuring

The role of shareholders in business rescue proceedings

One of the stated purposes of the Companies Act 71 of 2008 (Companies Act) is to promote innovation and investment in South African markets and provide for the efficient rescue and...

Hybrid Event Recording | Economic recession, State of Disaster and business: Navigating the tide
Employment Law

Hybrid Event Recording | Economic recession, State of Disaster and business: Navigating the tide

A second national state of disaster has been declared in the space of three years this time due to constrained electricity supply at a time of imminent economic recession and a significant...

Fraud unravels all, including contracts of employment
Dispute Resolution

Fraud unravels all, including contracts of employment

The insidious effect of fraud permeates the entire legal system. This is because it renders contracts voidable at the instance of the innocent party; is a crime; excludes the effects...

Consent to judgment clauses
Dispute Resolution

Consent to judgment clauses

It is commonplace to encounter settlement agreements containing a consent to judgment clause. This clause typically provides that the debtor consents to judgment being entered against...

A disjointed approach to the enforcement of arbitral awards
Dispute Resolution

A disjointed approach to the enforcement of arbitral awards

There is little doubt that the promulgation of the International Arbitration Act 15 of 2017 that incorporated the United Nations Commission on International Trade Law (UNCITRAL) Model...

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...

What are the next steps for Comair
Corporate Debt, Turnaround & Restructuring

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...

Investor-state dispute settlement in the SADC region
Dispute Resolution

Investor-state dispute settlement in the SADC region

There is no doubt that trade and investment are the two fundamental pillars of international economic relations. The Southern African Development Community (SADC) has put a number...

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...

Liability of municipal officials for unauthorised, irregular, fruitless and wasteful expenditure
Dispute Resolution

Liability of municipal officials for unauthorised, irregular, fruitless and wasteful expenditure

Municipalities have original constitutional powers and are directly responsible for the management of their affairs. They are required to comply with the norms and standards imposed...

'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...

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 extent of business rescue practitioners’ powers to suspend a company’s contractual obligations

The extent of business rescue practitioners’ powers to suspend a company’s contractual obligations

Chapter 6 of the Companies Act 71 of 2008 (Companies Act) confers various powers on business rescue practitioners (BRPs) once they have assumed their responsibilities to restructure...

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 role of shareholders in business rescue proceedings
Corporate Debt, Turnaround & Restructuring

The role of shareholders in business rescue proceedings

One of the stated purposes of the Companies Act 71 of 2008 (Companies Act) is to promote innovation and investment in South African markets and provide for the efficient rescue and...

Hybrid Event Recording | Economic recession, State of Disaster and business: Navigating the tide
Employment Law

Hybrid Event Recording | Economic recession, State of Disaster and business: Navigating the tide

A second national state of disaster has been declared in the space of three years this time due to constrained electricity supply at a time of imminent economic recession and a significant...

Fraud unravels all, including contracts of employment
Dispute Resolution

Fraud unravels all, including contracts of employment

The insidious effect of fraud permeates the entire legal system. This is because it renders contracts voidable at the instance of the innocent party; is a crime; excludes the effects...

Consent to judgment clauses
Dispute Resolution

Consent to judgment clauses

It is commonplace to encounter settlement agreements containing a consent to judgment clause. This clause typically provides that the debtor consents to judgment being entered against...

A disjointed approach to the enforcement of arbitral awards
Dispute Resolution

A disjointed approach to the enforcement of arbitral awards

There is little doubt that the promulgation of the International Arbitration Act 15 of 2017 that incorporated the United Nations Commission on International Trade Law (UNCITRAL) Model...

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...

Investor-state dispute settlement in the SADC region
Dispute Resolution

Investor-state dispute settlement in the SADC region

There is no doubt that trade and investment are the two fundamental pillars of international economic relations. The Southern African Development Community (SADC) has put a number...

From vision to fruition.