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Nomfundo Mkatshwa-Jackson

Nomfundo Mkatshwa

Senior Associate

Languages
  • Zulu
  • English
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Nomfundo is a Senior Associate in the Dispute Resolution team at CMS South Africa. She specialises in general corporate and commercial dispute resolution and arbitration with a focus on disputes concerning mining, administrative law, contract law, company law and financial regulatory.  

Before joining CMS, Nomfundo gained her experience and skills from working at a top tier national law firm. She has acted for listed and non-listed entities, state-owned enterprises and statutory bodies in a variety of fields, including mining, construction and infrastructure, energy and finance. 

Nomfundo has also sat as a panellist in the World Trade Organisation (WTO) moot court competition which is a simulated hearing of the WTO dispute settlement system, with the technical support of the WTO where she deepened her experience in the inner workings of a dispute settlement system. 

She gained further knowledge in alternative dispute resolution when she attended and presented at the China-Africa Legal Professionals Exchange Program in China, which focuses on international arbitration in Africa and China and has published articles in the field of international arbitration. She has also drafted comprehensive comments on the draft Domestic Arbitration Bill.

Nomfundo holds an LLB degree from the University of the Witwatersrand and an LLM in Economics, International Trade, Investment Law, Private and Public Law (summa cum laude) from the University of Bern, as well as a Diploma of Advanced Studies in International Law and Economics (magna cum laude) from the World Trade Institute.

Relevant experience

  • A development finance institution – assisting with a shareholder’s dispute in relation to an Irish company, which is company that mass-produces mechanical trees which are more efficient than actual trees at removing CO2 from the atmosphere. Our lcinet is a shareholder in this company. 
  • A major energy and chemical company – in relation to a highly confidential and sensitive investigation into an incident that occurred at one of their sites which resulted in the death of the three of its workers.
  • A development finance institution – in relation to a dispute on the non-payment of the construction loan provided by our client for a construction of hospital.
  • A major intelligent transport solutions company - on various disputes arising out of FIDIC contractual agreements with the City of Cape Town. Currently have 5 matters running in arbitration focusing on FIDIC contracts points of law.
  • A company that offers mobile financial services platform for mobile network operators and banks - advising client in relation to a complex shareholders dispute in terms of its insurance policy.
  • A major satellite television service in Sub-Saharan Africa – in relation to an urgent application in terms of the Protection of Personal Information Act No. 4 of 2013.
  • A large railway company - assisted with providing advice in relation to a dispute concerning a license agreement in terms of section 66 of the National Ports Act 12 of 2005.
  • A large South African assets manager - advising client on its loan exposure to a pan-African telecoms service provider.
  • A mining conglomerate - in confidential arbitration proceedings against a mining company for claims arising out of a sale and purchase agreement for the sale of various assets and the business of our client. The amount claimed is in the region of R1.8 billion, plus interest.
  • A major asset management company - in confidential arbitration proceedings against a global advisory and administration firm for damages claims in the region of R321 million, excluding interest.
  • A multinational entity - regarding the legal framework applicable to sovereign immunity for the South African sovereign by analysing both immunity from suit/jurisdiction and immunity from enforcement.
  • A major South African mining company - in commercial mediation proceedings concerning a dispute regarding a Water Treatment Plant Process Amended and Restated Water Supply Agreement.
  • A major mining entity - in judicial review proceedings against various governmental institutions. 

Memberships & Roles

  • Admitted Attorney, High Court of South Africa 
  • Member of the Legal Practice Council, South Africa

Education

  • 2018 – LLM in Economics, International Trade, Investment Law, Private and Public Law (summa cum laude), University of Bern, Switzerland
  • 2018 - Diploma of Advanced Studies in International Law and Economics (magna cum laude), World Trade Institute, Switzerland
  • 2013 – LLB, University of the Witwatersrand, South Africa 
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