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Siphokazi Kayana | Head of Dispute Resolution | South Africa

Siphokazi Kayana

Partner
Head of Dispute Resolution

CMS RM Partners
85 Grayston Drive
5th Floor
Sandton
2196
Johannesburg
South Africa
Languages English

Siphokazi is the Head of Dispute Resolution with over 10 years of experience.
  
She assists clients with the 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. 

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Relevant experience

  • A property investment company - in a dispute with a tenant where the tenant refused to vacate a building worth over ZAR80 million that had been purchased by the property investment company.
  • A property investment company - in an application in which the Commission for Conciliation, Mediation and Arbitration brought an application for the review of a tender award made in favour of the property investment company.
  • A major mining company - in a matter in which a supplier of blasting material had not performed in terms of the agreement concluded between the parties and instituting a damages claim on behalf of the mining company.
  • A major mining company - in a matter instituted by an employee who took part in an illegal strike on the mine property, was injured and was permanently disabled.
  • A major mining company - in a dispute around the true owner of ‘business rights’ (i.e. the right to conduct any business) over a property on which the mining company operates a mine. 
  • A major mining company - in an Equality Court matter in which the mining company was accused of racial discrimination.
  • A major bank - in an action instituted by a senior former employee who claimed that they had been dismissed due to racial discrimination and making certain protected disclosures.
  • A Parastatal - working together with a broader team in implementing a usage taxation model in the Gauteng Province.
  • A major safety & construction works provider - in an investigation institute by the Department of Labour arising out of the collapse of a pedestrian bridge that was under construction.
  • A major steel company - in an investigation instituted by the Department of Labour following the death of two workers as a result of a workplace incident.
  • A major mining company - in a matter against a construction company following the collapse of part of a mine processing plant that was under construction during the ramp up period. 
  • A major mining company - in a matter against a mining contractor that had breached a mining agreement concluded between the parties.  The breach related to under performance relating to the quality and quantity of the coal mined.
  • A major construction company - in a dispute around ownership/shareholding of the company.
  • A major pharmaceutical company - in a tax litigation matter to obtain a tax benefit (for rehabilitation costs) that was due to it.
  • A major mining company - in a tax litigation matter to obtain a tax benefit that was due to it.
  • A major beverage company - against the South African Revenue Service in a dispute arising out of importing into South Africa from the United States of America certain key ingredients used in the manufacture of beverage products and classification of these key ingredients for import clearance and tax payment purposes.
  • A major telecommunications company - in a dispute with an Anglophone refugee community where it was alleged that leading up to elections in a country in the African Region, communication systems in the predominantly Anglophone community had been deliberately cut off but had remained functional in the predominantly Francophone community in order to influence the election result.
  • A private equity firm - in a dispute against a steel company relating to the disposal of a business, the purchase price paid and certain alleged environmental non-compliance which justified reduction of the purchase price to cater for bringing facilities to a compliant standard.
  • A liquidator of a joint estate - who was tasked with finding assets in South Africa and abroad belonging to the joint estate, repatriating what needed to be repatriated and dividing the assets forming part of the joint estate among the parties.
  • A boutique accounting firm - in a disciplinary hearing before the Independent Regulatory Board for Auditors (IRBA) arising out of allegations of professional misconduct.
  • A boutique accounting firm - in making representations before the IRBA arising out of several allegations of professional misconduct.
  • A major investment bank - in a dispute with a supplier arising from invoices submitted and paid for services which had not been rendered.
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Education

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

  • Member of the Law Society of the Northern Provinces.
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7 October 2019
CMS ex­pands in Africa
South Afric­an and Kenyan law firms ad­ded to CMS’s glob­al...
June 2019
CMS Dis­pute Res­ol­u­tion Glob­al Bro­chure
December 2019
In­ter­na­tion­al Dis­putes Di­gest
Winter Edi­tion