Zodwa Malinga
Zodwa Malinga is an Associate in our Dispute Resolution practice and a member of our Construction & Engineering sector. She has experience in construction dispute resolution in and commercial litigation. Zodwa has been involved in mediations, adjudications and arbitrations under the NEC, JBCC, GCC and FIDIC standard form contracts and other bespoke agreements. She has also been involved in contract drafting and reviews along with preparing advice notes for clients.
About Zodwa
About Zodwa
Zodwa completed her articles at a construction specialists firm of attorneys, where she also worked as an Associate prior to joining CDH in 2024.
Credentials
Credentials
Education
- Bachelor of Arts, Rhodes University, 2017
- Bachelor of Laws, Rhodes University, 2019
- Year admitted as an attorney: 2023.
Languages
Languages
- English
- isiXhosa
- isiZulu
- Sepedi
- Setswana
About Zodwa
Zodwa completed her articles at a construction specialists firm of attorneys, where she also worked as an Associate prior to joining CDH in 2024.
Credentials
Education
- Bachelor of Arts, Rhodes University, 2017
- Bachelor of Laws, Rhodes University, 2019
- Year admitted as an attorney: 2023.
Languages
- English
- isiXhosa
- isiZulu
- Sepedi
- Setswana
Experience
Represented the Contractor in an arbitration based on the FIDIC (Red book) for the recovery of losses incurred as a result of the COVID-19 pandemic.
Represented the Employer in an adjudication based on the JBCC Principal Building Agreement. The disputes related to various extension of time claims resulting from the obligation to supply of water and electricity for the commissioning of the works.
Represented the Employer in a dispute regarding the interpretation of an arbitrator’s decision in respect of the contract price adjustment and interest. The agreement was based on the NEC3 Terms Service Short Contract.
Represented the Contractor in an arbitration based on the NEC3 Engineering and Construction Contract.
Represented the Contractor in the enforcement of an adjudicator’s decision issued.
Represented the Contractor in proceedings to compel the issuing of a final account in accordance with the JBCC Principal Building Agreement
Represented the Employer in an arbitration in which the Contractor was challenging the termination of the agreement. The agreement was based on the JBCC Principal Building Agreement.
Represented a Contractor in mediation proceedings agreed to in accordance with the JBCC Principal Building Agreement for the payment of outstanding payments certificates and retention monies.
Represented client in mediation proceedings against a crane hire company in terms of an agreement between the parties.
News
Types of alternative dispute resolution
Alternative dispute resolution (ADR) methods have become the preferred mechanism to resolve commercial disputes. The traditional approach to dispute resolution used to be litigation....
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...
Lawyers breaking barriers
Marelise van der Westhuizen, Director in the Dispute Resolution practice, and Zodwa Malinga, Associate in the Construction & Engineering sector, were recently featured in the Sunday...
Engineering News & Mining's Women in Industry
Tessa Brewis, Director in the Energy & Power sector, Alecia Pienaar, Counsel in the Environmental Sector, and Zodwa Malinga, Associate in the Construction & Engineering sector recently...
The issue of procedural rights and settlement agreements in the adjudication of the defence of fraud against the enforcement of a performance guarantee
The parties to a construction contract often agree to the conclusion of separate financial arrangements with third parties for the purposes of ensuring financial security and project...
Compensation events under the NEC3 Engineering and Construction Contract
Those who have worked with the NEC3 Engineering and Construction Contract know that compensation events are at the very heart of how change is managed and those who have heard of the...
Retention Guarantees
Parties to a construction contract usually agree to the obligation to conclude separate financial arrangements with third parties for the purposes of ensuring financial security and...
Advance payment guarantees in construction contracts
Parties to a construction contract usually agree to the inclusion of separate financial arrangements with third parties for the purposes of ensuring financial security and project...
