LITIGATION, ARBITRATION AND DISPUTE RESOLUTION

We provide a comprehensive service in most of the country’s major corporates and have dealt with many of the problems generated by changes in the financial marketplace. Our countrywide network includes many experienced former litigators, enabling us to represent clients effectively in the most difficult and sophisticated government investigations.

Our work at the South African Revenue Services has demonstrated our ability to embark on such complex matters like the Small Business Tax Amnesty legislation where we represented the SARS up until the SCA successfully.

Mketsu attorneys & Associates has broad experience in corporate risk management and conflict management. We advise senior board members and executives of substantial corporates entities, government, government entities and banks.

We actively pursue all avenues of dispute resolution available and advise clients on choosing the method most appropriate to them. Our main priority is to resolve disputes quickly and effectively with as little disruption to business as possible – recognition of this is central to how we approach any matter.

We have been responsible for handling some of the following matters, just to name a few:

  1. SAIRA ESSA V SARS, where we represented SARS in a dispute about the application and / or interpretation of the Small Business Tax Amnesty Legislation,
  2. North West Gambling Board on various cases against the illegal gambling industry,
  3. The National Department of Arts and Culture in various matters that include Contractual Disputes regarding their grants given to various entities in the Arts and Culture, Tender Performance disputes and Labour issues, and
  4. Many SMME’s against various government entities such as the National Energy Fund and its subsidiaries, as well as numerous matters regarding debt recovery and collection against corporate institutions.

In any situation, our network means we can deliver accurate, commercial advice quickly, wherever the dispute takes place. If the dispute covers multiple jurisdictions, our local experts on the ground can quickly form a team.

Our long experience means we know what to expect and how to achieve results. We never lose sight of the need to tailor our approach to the needs of the client we are representing, whether they are a large corporate, government institution or a smaller business entity.

Whether it is a dispute involving a merger and acquisition/sale, commercial contract or business competition, our litigators take a practical, commercial approach.

After a thorough analysis of the law and facts, we work with our clients to fashion the right approach: is the dispute appropriate for aggressive litigation, in which case we fight to win, or is a more nuanced approach to resolving the dispute called for?

a. Public Law litigation

Mketsu & Associates Inc Attorneys, understand the different procedures, approaches and strategies required to deal with public law issues .Our public law consultants have a wealth of experience in public law litigation across a number of different jurisdictions.

We act both for public sector bodies seeking to defend their acts and decisions; and also for private sector parties bringing public law challenges, which gives us a unique perspective and enables us to bring a different approach to representing a client, whether public sector or corporate.

This is all the more credible in the current environment of austerity and government cost-cutting, which has in many situations resulted in the removal of rights and the frustration of expectations. At such times it is essential that clients have the best advice from a team of lawyers well-versed in public law litigation.

b. Public Private Partnerships (PPP)

Due to the scarcity of public funds, governments and public authorities are increasingly relying on public-private partnerships (PPPs) to structure their infrastructure projects.

We are providing assistance on large scale PPPs in a wide variety of jurisdictions. We advise on a range of sectors including roads and bridges, rail infrastructure, schools and social housing.

We act for sponsors, banks, authorities and contractors. The diversity of our client base has given us a competitive advantage as we are able to anticipate and understand issues and provide innovative and robust solutions for complex deals.

Our clients value our straightforward and pragmatic advice. We work in an integrated way with different industries, and approach issues from a variety of perspectives, taking into account the wider economic and legal context.

c. Procurement and Competitive Tendering

Procurement or competitive tendering rules often apply when contracting with public authorities and utilities operators. Private companies themselves may also award contracts through a tender process. Non-compliance with these rules can have very serious commercial consequences.

Our public procurement team advises on:

  • how to anticipate potential issues and prepare suitable strategies for dealing with the rules
  • preparing a clear, structured approach from the initial commercial assessment to the final award and performance of the contract.
  • procurement disputes
  • guidance for contracting authorities and utilities operators whose tendering processes have come under attack.
  • disappointed tenderers seeking to challenge the award of a public contract.