Siphokazi Kayana

Partner
Head of Dispute Resolution

Portrait ofSiphokazi Kayana

Siphokazi Kayana

Partner
Head of Dispute Resolution

Contact

CMS RM Partners
82 Maude Street
3rd Floor
Sandton
2196 Sandton
Johannesburg
South Africa

Languages English

Siphokazi is the Head of Dispute Resolution with over 15 years of experience.

She assists clients with the full remit of dispute resolution and litigation services, with a focus on arbitration, commercial litigation and constitutional and administrative law reviews. Siphokazi has honed these litigation skills across a range of industries, namely telecommunications, mining and commodities, construction and engineering, international trade and investment.

She regularly assists clients with her commercially acute approach in resolving litigious situations. Her clients include private and public companies, state-owned entities, mining houses, financial institutions, construction and engineering firms, pharmaceutical organisations, telecommunications companies and consumer products.

Before joining CMS as Head of Dispute Resolution, Siphokazi gained her experience and skills from working at a top tier national law firm for close to a decade, and then founding her own firm. She was also the Head of the Africa Region for Teach for All, a global network of independent, locally led and funded partner organizations whose stated shared mission is to expand educational opportunity around the world by increasing and accelerating the impact of social enterprises that are cultivating the leadership necessary for change.

They are feisty and ready to take action. They followed up with and updated me regularly on where we were. An approachable and accessible team.

Legal 500 | Dispute Resolution, South Africa, 2023

They are professional and very to the point.

Legal 500 | Dispute Resolution, South Africa, 2023

They are highly skilled, attentive and responsive.

Legal 500 | Dispute Resolution, South Africa, 2023

The practicality of this team was quite impressive.

Legal 500, South Africa, Dispute Resolution, 2024

Siphokazi’s respectful, strong and considered leadership of her team was a breath of fresh air.

Legal 500, South Africa, Dispute Resolution, 2024

They are feisty and ready to take action. They followed up with and updated me regularly on where we were. An approachable and accessible team.

Legal 500 | Dispute Resolution, South Africa, 2023

They are professional and very to the point.

Legal 500 | Dispute Resolution, South Africa, 2023

They are highly skilled, attentive and responsive.

Legal 500 | Dispute Resolution, South Africa, 2023

The practicality of this team was quite impressive.

Legal 500, South Africa, Dispute Resolution, 2024

Siphokazi’s respectful, strong and considered leadership of her team was a breath of fresh air.

Legal 500, South Africa, Dispute Resolution, 2024

Relevant experience

A South African-based financial services group – assisting on numerous disputes matters, some of these matters relate to several high value Banking Facilities Agreements that Absa entered into with several businesses.
Laboratory equipment supplier – assisting with defending a claim instituted against it by Montego Pet Nutrition (Pty) Ltd. This dispute centres around two instruments which Bruker supplies to Montego.
A development finance institution – acting for the DBSA in a host of litigation matters and assisting client in the disputes and in reaching settlement.
Motor vehicle parts manufacturer – assisted in a dispute wherein goods were ordered from Erlinklinger Canada Incorporated and in terms of which Linde and Wiemann RSA (Pty) Limited are contracted to pay Erlinklinger Canada Incorporated for the goods supplied.
An Intelligent Transportation Systems company – advising on action proceedings against the Government of South Africa: National Treasury, the Minister of Finance and the Director General: National Treasury (“National Treasury”) relating for the recovery of between R400 million - R700 million for services that ICT Works provided to the National Treasury.
An Intelligent Transportation Systems company – assisted with numerous disputes against the City of Cape Town (CoCT) in relation to the agreement that it had entered into with the CoCT in relation to the design, supply, delivery, installation, testing and commissioning of the CoCT’s Integrated Rapid Transport bus fare system (the My City bus system), the supply and distribution of fare cards, and the provision of the maintenance and other related services for the system.
An Intelligent Transportation Systems company – act for ICT Works in a matter against Air Traffic & Navigation Services SOC Limited (ATNS) relating to ATNS’ notice of intention to blacklist/restrict ICT Works from future Government and Government related/funded projects for a period of 10 years.
An Intelligent Transportation Systems company – advise on a dispute relating to certain contractual obligations in terms of a terminated service level agreement entered into between ICT Works and the Road Traffic Management Corporation.
A national development finance institution – assisting with a number of litigation matters with a view to settling these matters expeditiously on behalf of IDC.
A national development finance institution – advised IDC in litigation proceedings against the principal debtor, Ebundu (Proprietary) Limited, and its guarantors, Ntombizodwa Tshabalala and Sibusiso Tshabalala concerning a loan agreement entered into between the IDC and Ebundu.
A national development finance institution – assisted with launching urgent proceedings to perfect the security under the General Notarial Bond against Masorini Iron Beneficiation (Proprietary) Limited in favour of the IDC.
An information enablement company – advised in relation to a complex shareholders dispute in terms of client’s insurance policy with Allianz Global Corporate and Specialty South Africa Limited’s Directors and Officers Liability for Financial Institutions.
A major satellite television service – assisted client with seeking relief ordering Dimension Data (Pty) Ltd to provide necessary information pertaining to a certain IP address for the protection of the proprietary interests of our client.
A South African state-owned entity – advising on its loan exposure to a pan-African telecoms service provider, Econet New ARX Limited.
A South African state-owned entity – advising on its exposure as a shareholder to a large listed agro-processing company (in business rescue), Tongaat Hulett.
A global chemicals and energy company – assisted with conducting a highly confidential and sensitive investigation into an incident that occurred at the Sasol Irenedale Colliery Bosjesspruit Mine which resulted in the death of the three workers.
A large South African rail, port and pipeline company –advising in relation to a dispute in relation to, amongst others, a license agreement and the Petroleum Pipelines Act 60 of 2003.
A fibre and mobile network construction solutions provider - assisting in numerous litigation matters.

Memberships & Roles

Member of the Law Society of the Northern Provinces.
Advancing Women in the Workforce (AWW) Circle of Mentors.

Awards & Rankings

Publications

Education

2007 - LL.B. University of the Western Cape, South Africa.

Expertise

28/03/2024

Warning to all landlords: Perfect or suffer the consequences

Does a landlord have an automatic right of retention/ lien over the movables of the lessee that can be exercised to off-set arrear rental? The Supreme Court of Appeal in the recent case of Ergomode (Pty)...

25/03/2024

The growing importance of risk management and where ESG fits into the picture

For almost as long as businesses have existed, so has some level of risk management. Risk management encompasses identifying, assessing and controlling financial, legal, strategic and security risks within...

20/02/2024

How ESG is impacting the legal environment

Siphokazi Kayana, the Head of Dispute Resolution at international law firm CMS South Africa, explains that almost all companies are obliged to conform to certain ESG regulations such as the Climate Change...

04/12/2023

International arbitration law and rules in South Africa

1. Historical Background and Legislative Framework 1.1 In South Africa, domestic arbitration is regulated by the Arbitration Act 42 of 1965 (1965 Act). The purpose of the 1965 Act is to provide for the...

Expert Guide Dispute resolution

14/08/2023

CMS Expert Guide to Digital Litigation in South Africa

1. Describe the state of digitalisation of the civil justice system in your jurisdiction in general. Prior to the COVID-19 pandemic, the digitalisation of the justice system with South Africa's Office...

Expert Guide Dispute resolution

Comparable

26/06/2023

International Disputes Digest - 2023 Summer Edition

We are pleased to present the summer edition of the International Disputes Digest, our bi-annual publication bringing essential news and analysis on the latest trends in dispute-resolution around the world. There are many crises and problems that continue to complicate global business. These include inflation, particularly in the energy sector, as the EU and other regions struggle to wean themselves from Russian natural gas and oil. There is also the US debt crisis, which has weakened international confidence in the economy and distracted Washington from pressing issues, such as its relationship with China and the on-going war in the Ukraine. We hope that the articles in this digest provide readers with the know-how and tools to help them resolve any disputes or setbacks they may face. In this edition, we feature a range of articles from around the world on topics such as ESG litigation, the financial impact of cyber-attacks on businesses, post-merger disputes, the use of arbitration in resolving M&A-related issues, and how disputes can be managed in digital trade transactions. We also explore the reasons behind a wave of class action lawsuits in Portugal, the influence of personal relationships among arbitrators on disclosure, recusal, or appeals, and the 'without prejudice' principle, amongst other matters. We hope that you enjoy reading these articles and please do not hesitate to contact us should you wish to discuss any issues in relation to them.

16/11/2022

Beating organised crime requires speed, agility and planning

Knowing and understanding the various legal remedies available is also a critical in limiting the damage and preventing further loss. Anyone who has paid attention to the headlines over the past few...

30/09/2022

The Concept of Dispute Avoidance: a magic wand for corporate South Africa?

With the likelihood of a global recession in 2023 and the concerning fall in the value of the Rand against the major currencies, it is clear that South Africa will continue to face tough economic times...

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