Norton Rose Fulbright South Africa Inc
Related services and key industries
- Emerging markets
- Fraud and asset recovery
- Regulation and investigations
- Risk advisory
Key industry sectors
André is a disputes and investigations lawyer based in Johannesburg. He is a director in and the leader of the corporate and commercial litigation team. His authoritative areas include complex commercial disputes, corporate investigations, business ethics and anti-corruption advice, risk advice, compliance advice, asset recovery and mining disputes.
In South Africa, he is head of our Regulatory, Compliance and Investigations practice. He has advised clients on diverse issues ranging from internal and external investigations to all forms of dispute resolution (including arbitration), asset recovery and white collar crime. André has been recognised by clients and peers as a leading disputes, investigations and asset recovery lawyer.
On mining disputes, André advises clients on the full spectrum of mining sector legal matters, including judicial reviews, administrative appeals, prohibitory interdicts, community relocations and contractual disputes.
André has wide-ranging experience in investigations and disputes, including complex, high value investigations and asset recoveries, commissions of enquiry and commercial disputes. Many cases in which he has been involved have been reported in the law reports.
André is a regular conference speaker both locally and internationally and is often asked to comment by the broadcast media on topics within his area of knowledge. He is also a widely published author of articles.
Having obtained his BA (Law) and LLB degrees from the University of Stellenbosch, he commenced his articles of clerkship within the practice in 1996. He was admitted as an attorney in 1998 and became a director of the practice in January 2001.
As part of his pro bono contribution, André sits as commissioner in the Small Claims Court.
BA (Law) and LLB degrees from the University of Stellenbosch.
- Attorney, qualified in South Africa 1998
- Acting for Vedanta Resources Holdings Ltd in successfully obtaining an interim injunction against a foreign entity domiciled outside of South Africa, in a first of a kind court application in South Africa in terms of the International Arbitration Act, 2017 prior to the commencement of international arbitration proceedings.
- Acting for Impala Platinum Ltd in successfully obtaining interim and final prohibitory interdicts in a series of incidents that caused unlawful interruptions in Impala's mining operations in the Rustenburg area, North West Province.
- Acting for a global listed mining company in regard to a dispute about capital expenditure and water treatment infrastructure that arose from a joint venture arrangement.
- Acting for Sasol Mining (Pty) Ltd, the mining arm of global integrated chemicals and energy company, Sasol Ltd, in regard to disputed access via a public road to Sasol Mining's operations in Mpumalanga Province.
- Acting for Efora Energy Ltd in successfully obtaining an arbitral award against a business partner for a substantial loan repayment.
- Representing an international engineering led contractor focused on infrastructure in relation to follow-on litigation that emanated from an external investigation conducted by competition authorities into alleged collusion in the construction of stadia for the Soccer World Cup held in South Africa in 2010.
- Representing a leading supplier of construction materials and technical solutions in litigation instituted by the liquidators of a former business partner.
- Assisting a global-listed technology and services company with a cross-border internal investigation into alleged procurement and other irregularities pertaining to contracts concluded with an organ of state in South Africa, and representing the company in follow-on litigation.
- Assisting a global logistics services company with an internal investigation into allegations of misconduct by members of its executive management in its South African based subsidiary and representing the company in follow-on civil recovery litigation.
- Advising an international audit and advisory firm with regard to its role as witness in criminal proceedings instituted against government officials.
- Representing an international audit and advisory firm in regard to defending a judicial review application aimed at setting aside an investigation report produced by the firm.
- Acting for the industry body representing the vast majority of mining and prospecting right holders, Minerals Council South Africa, in its series of court applications about the lawfulness and constitutional validity of the Mining Charter, a broad-based socio-economic empowerment charter (a government instrument) that sets the framework, targets and timetable for effecting the entry of historically disadvantaged South Africans into the mining industry. The Minerals Council South Africa's interpretation of the Mining Charter and its enforceability differs from that of the regulator.
- The Minerals Council South Africa and the Minister of Mineral Resources agreed to approach the court for a declaratory order on the ownership element of the Mining Charter dispute and the Minerals Council South Africa prevailed in the High Court on the "once empowered, always empowered" issue.
- Acting for the Minerals Council South Africa in High Court proceedings in which the Mining Charter was declared a policy document and not binding law.
- Advising a consortium of lenders, led by an expert credit agency, concerning a £1 billion project loan to a global mining company, with an established mine in a sub-Saharan African country. In performing the due diligence on the transaction, we were asked to scrutinise the borrower's arrangements with five host communities.
- Representing the Financial Services Board (since re-established as the Financial Sector Conduct Authority) and its Chairman in the highly publicised litigation brought by Ms Rosemary Hunter, former Deputy Registrar of Pension Funds against the FSB and its Registrar concerning the so-called "Cancellations Project" involving the cancellation of registration of thousands of dormant and orphan pension funds.
- Anglo American (Kumba Iron Ore Ltd) – acting for Sishen Iron Ore Company, a subsidiary of Kumba Iron Ore and an Anglo American Group company, in a municipal rates dispute in respect of land comprising its Sishen Mine and ancillary properties, including obtaining an interdict to block enforcement of contested municipal property rates and challenging the valuations upon which the impugned rates were based before the Valuation Appeal Board for the Northern Cape Province, resulting in a settlement with the Municipal Valuer and Municipality concerned.
- Kumba Iron Ore Ltd – acting for Kumba Iron Ore relative to its complex dispute with ArcelorMittal South Africa Ltd, the Department of Mineral Resources and Imperial Crown Trading 289 (Pty) Ltd with regard to the mineral rights pertaining to the Sishen iron ore mine, with matter finally decided in Kumba's favour in the Constitutional Court. Kumba also prevailed in the High Court and Supreme Court of Appeal.
- Representing a digital media company in a multi-million dollar arbitration against a multi-national telecommunications company, resulting in an arbitral award in favour of the client concerning a contract for the provision of video on demand services.
- Representing the coal division of Glencore South Africa and associated companies before the South African Human Rights Commission in regard to the SAHRC's National Investigative Hearing on the Underlying Socio-Economic Challenges in Mining Affected Communities in South Africa.
- Representing Impala Platinum before the South African Human Rights Commission in regard to the SAHRC's National Investigative Hearing on the Underlying Socio-Economic Challenges in Mining Affected Communities in South Africa.
- Acting for the coal division of Glencore South Africa in regard to relocation of local communities affected by mining operations, including bringing ESTA and PIE proceedings for court sanctioned relocations.
- Conducting an internal investigation for one of South Africa's leading commercial banks with regard to regulatory matters arising from the operation of its automated teller machines.
- Conducting a review of potential business partners for one of the world's largest multi-national energy companies with regard to its Gabonese operations.
- Performing an anti-corruption due diligence investigation for an international mining company's empowerment transaction, including investigations into individual stakeholders.
- Conducting various internal investigations in respect of three different major infrastructure projects in Southern Africa with regard to anti-corruption issues.
- Advising a leading construction group on matters relating to ongoing enforcement investigations including allegations of criminal offences involving allegations of multi-million Rand fraud, corruption and racketeering in the South African construction industry.
- Conducting an internal investigation on the operations of a Democratic Republic of Congo based business in respect of anti-corruption issues and advising a South African based multi-national shareholder in regard to its related compliance obligations.
- Impala Platinum Ltd – acting successfully in urgent interdict proceedings to halt unlawful use of emolument attachments by micro-lenders of employees' salaries, and negotiating resolution of dispute, including agreed process for future salary attachment processes.
- Acting for Anglo American Platinum, Impala Platinum, Glencore Xstrata Coal, Optimum Coal and the Industrial Development Corporation with regard to internal administrative appeals and judicial review applications in the High Court in respect of the award of prospecting and mining rights.
- Advising the board of directors of a telecommunications company on an internal investigation and related regulatory and compliance issues, including follow on litigation and reporting obligations.
- Advising a multi-national organisation with regard to a multi-million dollar internal fraud, including internal investigations in preparing witnesses for criminal court testimony, working closely with state prosecutors on the criminal aspects of the matter and all aspects of the asset forfeiture procedure to obtain judgment against the former employees who committed the fraud.
- Advising a multi-national aid agency in respect of an UNCITRAL arbitration relating to funds embezzled by former employees and obtaining an arbitral award against respondents in an amount in excess of ZAR100 million.
- Advising a construction company on the validity of a formal enquiry, following regulatory investigation, instituted by the industry regulator (Construction Industry Development Board), with regard to remedial steps by way of High Court judicial review proceedings.
- Who's Who Legal: Investigations 2023 – André has been selected in this report as one of the world's leading legal practitioners for investigations, the only South African lawyer so recognised.
- Who's Who Legal has selected André as one of only a few lawyers worldwide through independent research with clients and peers for recognition in its in multiple editions, including 2023, of The International Who's Who of Asset Recovery Lawyers.
- Recipient of a Thomson Reuters Stand-Out Lawyers award in 2022 and 2023 (and in prior years multiple recognition as an Acritas Star Lawyer), following surveys around the world.
- André is recommended by Legal 500 in the 2023 rankings as a key lawyer and received similar recognition in prior editions.
- Africa Legal Awards 2021 – African Alliance / Network of the Year Award received by Norton Rose Fulbright South Africa Inc, in which the Vedanta Resources matter listed above and in which André was the lead attorney was one of five flagship deals submitted that led to the award.
- Client Choice by Lexology – winner of asset recovery (South Africa) award in February 2020. Client Choice recognises those individuals around the world that stand apart for the excellent client care they provide and the quality of their service, including the ability to add real value to clients' businesses above and beyond the other players in the market. Lawyers can be nominated only by corporate counsel.
- Co-author of blog post The impact of Covid19 on anti-bribery and anti-corruption measures - https://www.financialinstitutionslegalsnapshot.com/2020/04/the-impact-of-covid-19-on-anti-bribery-and-anti-corruption-measures/
- Co-author of article on approaches of countries successfully curbing corruption, published in South African print and online publications.
- Co-author of article "Individual Liability for Corporate Crime in South Africa", published in the Thomson Reuters, Practical Law, November 2017.
- Blog article on defining developments on salary attachment debt collection processes and interviewed on topic by Talk Radio 702.
- Co-author of "Corporate Crime, Fraud and Investigations Multi-Jurisdictional Guide 2014/15", for Practice Law Co (Thomson Reuters).
- Authored article on role of ongoing education and training in corruption prevention, for BusinessBrief Magazine, April/May 2014.
- Authored article "ASK – to comply?" (why senior executives should take compliance seriously) for BusinessBrief Magazine, October/November 2013.
- Interviewed for Commercial Dispute Resolution Magazine, for article in May – June 2013 issue on Africa and corruption challenges for multi-nationals.
- Co-authored article entitled "No expropriation of mineral rights – what the Agri South Africa judgment means", published in Business Day's Business Law & Tax Review, 13 May 2013.
- Online interviews in February and March 2012 with Ms Shannon De Ryhove, Deputy Editor: Polity on www.polity.org.za in respect of nationalisation of mines / resource nationalism debate.
Webinar | September 14, 2022
Publication | December 08, 2021
Webinar | November 16, 2021