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MALULEKE | SERITI | MAKUME | MATLALA INC
Driven by a passion for justice
MSMMMTI |R| SSEALUM ||UMAK
Attorneys, Notaries, Conveyancers and Corporate Law Advisers
Maluleke, Seriti, Makume, Matlala Incorporated (MSMM)
is justifiably proud that four of our founding directors
and an attorney it trained serve as Judges of the High
Court and Supreme Court of Appeal.
These are Judge George Maluleke (High Court of South
Africa, Gauteng Division Pretoria); Judge Legoabe
Seriti (The Supreme Court of Appeal); Judge Ntendeya
Mavundla (High Court of South Africa, Gauteng Division
Pretoria) and Judge Motsamai Makume (High Court of
South Africa, Gauteng Division Johannesburg).
We pride ourselves on our legacy and 40 years of
collective legal experience; a result of a successful
merger of four legal firms that constitute MSMM.
•	 Maluleke, Msimang and Associates: Established in
	 1974, this Kempton Park based firm established a
	 solid reputation in the field of motor vehicle accident
	 claims. One of its founding members, George
	 Maluleke, was formerly Vice Chair of the Road
	 Accident Fund (RAF).
•	 Seriti, Mavundla and Partners: As one of the first
	 partnerships formed by attorneys from disadvant-
	 aged communities, this firm was established in 1977.
	 It built a strong reputation in a variety of legal fields,
	 placing emphasis on client satisfaction and relentless
	 effort. The company achieved this by consulting
	 clients as regularly as possible and providing them
	 with ongoing progress reports.
•	 Makume and Associates: This firm was established
	 in 1997 after four law firms merged. Although
	 relatively new, some of the experience of its legal
	 partners dated back to 1980. The firm based its
	 practice on the belief that opportunities exist for
	 previously disadvantaged law firms to compete on
	 an equal basis with other law firms, especially when
	 securing clients in Government and major business
	 concerns. With its focus of continually being in
	 touch with the ever-changing legal system, it used
	 specialisationtoimprovethequalityofitslegalservices.
•	 Matlala Incorporated: Established in 1983, the
	 company initially focused on general legal practice
	 with emphasis on criminal, civil and matrimonial
	 matters. During the mid 1980s it made significant
	 contributions to the practice of human rights and
	 labour law, acting on behalf of COSATU, NACTU,
	 the Independent Trade Union Movement and
	 individual employees. Matlala Inc. was also involved
	 in major incidents of the struggle and State of
	 Emergency in South Africa through its representation
	 of the Mass Democratic Movement (MDM).
	 Matlala is the only one of the four original founding
	 directors who is now involved in MSMM as its CEO.
Our legacy and founding directors
About us
MSMM is a distinguished South African law firm that prides itself on its African
heritage, multi-disciplinary legal offering and a passion for pursuing justice.
Based in Tshwane – a stone’s throw away from the Union Buildings in Hatfield – the
company was established after four prominent black Gauteng law firms merged in 2001.
More recently, MSMM has opened offices in Mpumalanga as well as in Rustenburg
in association with Khanyisa Mogale Attorneys.
We are mindful of the legacy of our founding directors Maluleke, Seriti, Makume
and Mavundla, after which the company is named. These forebearers went on to
contribute to the third arm of government as illustrious judges in South Africa’s
new democracy.
MSMM’s team of capable and experienced legal practitioners each practise in a
wide range of specialisation areas, which are outlined on pages 6 - 9.
Our team comprises capable and experienced legal practitioners providing
services in numerous specialisation areas. MSMM is premised on a deeply
entrenched ethos for service excellence and professionalism, guided by our
company vision and values.
1
Vision
To empower our clients and be recognised as the leading
provider of African-centred corporate governance and
legal solutions.
Values
• Act with integrity and honesty
• Service excellence
• Client-focused
• Respect in all stakeholder interaction
• Passion for the pursuance of justice
• Committed to serve with distinction
2
MSMM comprises five directors and a staff complement of 10 professional associates
and candidate attorneys as well as four categories of specialist consultants.
These include arbitrators and mediators, forensic investigators, training consultants,
project managers and corporate governance specialists. We specialise in constitutional
law and land rights, commercial and corporate law, tax, labour, arbitration, insolvency,
personal injury law, sporting law and all areas of complex litigation.
Servicing both private and public sectors, MSMM’s portfolio of clientele includes:
•	 Private blue-chip and state-owned corporations and companies
•	 Captains of industry and business executives
•	 Financial institutions
•	 Public sector: National, provincial and local government, state-owned entities and
	 parastatal organisations
•	 State regulatory bodies and associations
•	 Organised labour associations
•	 Business associations
•	 Traditional authorities
•	 Non-governmental organisations (NGOs) and non profit organisations (NPOs)
•	 Foreign embassies and diplomatic offices
•	 The African Union (AU) and regional economic communities in Africa
•	 Foreign business investors and organisations
•	 African states
•	 Sporting federations.
Staffing
Apart from our core legal team, MSMM’s staff compliment comprises extremely
talented and competent administrative support employees. Our team strives to
exceed client expectations at all times. They are mindful of the importance of civil
litigation, have a firm grasp of legal issues and are dedicated to providing the highest
quality service.
Our business
JUSTICE UMLILO INTEGRITY HONESTY RESPECT COMMITTED HAKI PASSION MATLAFATSA
DEVELOPER INTEGRITY SEMOLAO HONESTY EMPOWER RESPECT COMMITTED
UBULUNGISA PASSION INTEGRITY JUSTICE HLOMPHO RESPECT COMMITTED LEGAL BOIKANYEGO
HONESTY JUSTICE EMPOWER BOTSHEPEGI LEGAL UKUZIMISELA RESPECT HAKI
3
For the majority of South Africans, access to justice
remains a major challenge in a country where the law
plays a pivotal role in enabling a just and equitable
society. At MSMM, we are uniquely positioned to
appreciate the obstacles facing many of our clients,
primarily because some members of our executive have
personally faced similar challenges and injustices in their
own lives.
MSMM differentiators:
•	 Our legal specialists combine their personal and
	 professional experience with solid legal expertise
	 and a clear understanding of the South African legal
	 system to fulfill all briefs in the realisation of justice.
•	 As one of the country’s pioneering African law
	 firms and unprecedented legal history in the
	 judiciary, MSMM’s service offering is enriched by the
	 fact that it has, and continues to make a contribution
	 to the jurisprudence of South Africa’s new democracy.
•	 Our approach focuses on improving the current
	 legal imbalance in our justice system, by taking
	 the intricacies of different customs, indigenous
	 languages and cultures into account.
•	 We strive to empower our clients by ensuring they
	 know and understand their legal rights.
Why choose us?
In 2015, MSMM expanded its operations by securing associations with two
prominent legal firms, Gerhard Botha and Partners Incorporated and Khanyisa
Mogale Attorneys.
This enhances MSMM’s already impressive multi-disciplinary legal offering.
We are confident this alliance with fellow competent legal minds who are equally
passionate about pursuing justice, will expand our reach and ability to provide an
even wider variety of specialised legal services to our clients across the spectrum,
not only in South Africa, but across the African continent and internationally.
Gerhard Botha and
Partners Incorporated
Since its incorporation in 1982, the firm of
Gerhard Botha and Partners Incorporated has
expanded its service offering. The firm’s direct-
ors Gerhard Botha, Theresa Hill and Brendon
Swart have used their extensive combined legal
expertise to focus on specific principal areas of
specialised practice. These include:
•	Litigation
•	 Aviation Law
•	 Government and Provincial Acquisition and Procurement
•	Arbitration
•	 Corporate and Commercial Law
•	 Labour Law
•	 Property Law
•	 Credit Law
•	 Tax Law.
Based in the Eastern suburbs of Tshwane, the majority of the practice’s clients are
from the corporate and government sectors. These include leading aviation and
commercial companies, financial institutions, government departments, parastatals
and property developers.
One of the specialised industries in which the practice has played a key role is the
complex aviation industry. In this regard, it has served on various airport technical
committees, acted as a member of different advisory committees relating to airport
commercialisation and rendered advisory services on areas such as international
protocols and conventions and civil aviation legislation.
Gerhard Botha and Partners Incorporated has built up an extensive network of
international associates, which has enabled it to successfully handle complex
matters throughout South Africa, the African continent, Canada, North and South
America, India, Australia, Indonesia, Singapore, the African Union as well as several
European Union member states.
With its values of integrity, legal excellence, professionalism, relationship of trust
and passionate people, MSMM welcomes Gerhard Botha and Partners Incorporated
as associates.
4
Expanding our reach through association
5
Khanyisa Mogale Attorneys
The firm was established in 2004 by Khanyisa
Isabella Mogale, who specialises as a senior
attorney in High Court and Magistrate Court Liti-
gation as well as drafting of legal contracts.
As a black-owned and -managed practice
based in Rustenburg, it has positioned itself as a
dynamic litigation, property and commercial law
firm, offering a range of legal services to corporate clients. These include major
financial institutions, parastatals, government departments as well as numerous
small and medium sized business entrepreneurs.
Khanyisa Mogale Attorneys is establishing a solid reputation for its expertise in
two primary fields of practice, namely property and commercial law and litiga-
tion. The practice comprises three senior attorneys, two candidate attorneys and
administrative support staff.
This progressive practice oversees the training of prospective attorneys from previ-
ously disadvantaged communities. In this regard, it is proud of its record in having
produced attorneys and up skilled them further for admission as legal conveyancers.
Khanyisa Mogale Attorneys aims to continue the practice as a reservoir for black
attorneys who are passionate about practising law and committed to meeting the
needs of their clients.
With a close alignment between the vision of Khanyisa Mogale Attorneys – being
the premier black legal practice of choice – and that of MSMM, in being recognised
as the leading provider of African-centred corporate governance and legal solu-
tions, we are looking forward to a mutually beneficial working association.
Giving back – Corporate Social Responsibility (CSR)
At MSMM, giving back to the com-
munity is an integral part of our
collective mindset. Our two main
CSR focus areas are:
Training:
We take pride in training and men-
toring candidate attorneys and
interns. The firm also mentors and
offers advice to between 20 and 30
young upcoming black legal practi-
tioners every year. To date we have
trained no less than 100 candi-
date attorneys - some of whom are
judges - while others occupy the
highest positions in the public and
private sector.
Free legal advice:
In addition, we contribute to entre-
preneurial development by offer-
ing 16 free 30-minute legal advice
sessions per month to start-up black
business entrepreneurs who meet
certain criteria (e.g. income less than
R500, 000 per annum).
8
MSMM comprises four divisions, each providing services in different areas of expertise. These are:
01
Alternative Dispute Resolution,
Corporate Governance and Training
•	 Labour law, arbitration and mediation services
•	 Alternative dispute resolution
•	 Labour law advice
•	 Disciplinary hearings and Commissions of Inquiry
•	 Collective bargaining and negotiation services
•	 Situational risk analysis
•	 Sports contractual negotiation and advice.
02
Commercial, Corporate
and Business Services
•	 Business rescue, company restructuring
	 and turnaround
•	 Liquidation and insolvency
•	 BBBEE advisory services
•	 Tax compliance advice
•	 Foreign company localisation and compliance
•	 Mergers, acquisitions and deal structuring
•	 Company registrations
•	 Forensic/investigation services and debt recovery
•	 Corporate governance
•	 Project management
•	 Public/private partnerships
•	 Public sector project advice (including cross-
	 border transactions).
03 Public and Constitutional Law Services
•	 Constitutional matters
	 -	Interpretation
	 -	Litigation
	 -	 Drafting / Amendments
•	 Legislation, regulations, ordinances and by-laws
	 -	Interpretation
	 -	 Negotiation skills
	 -	 Drafting / Amendments
•	 Legal advice and representation
•	 Corporate governance monitoring and compliance
•	 Land reform and restitution
•	 Property law and property management
•	 Local government regulation and legislation
•	 Traditional authority advice
•	 Situational risk analysis
•	 Commissions of Inquiry.
6
Expertise – what we do
7
			
04
Personal Injury, Insurance
and Administration of Estates
•	 Medical law and personal injury
	 -	 Medical negligence/malpractice and medical
		 insurance claims
	 -	 Road Accident Fund – personal injury claims
	 -	 Consumer law and consumer protection
	 -	 Insurance law.
•	 Administration of estates
	 -	 Drafting of wills
	 -	 Winding up and administration of
		 deceased estates
	 -	 Curatorship and registration of executorships
	 -	 Liquidations and accounts distribution
		management
	 -	 Advice on intestate succession.
•	 Administration law
	 -	 Business and company applications,
		 registrations and licensing
	 -	 Trust formation and registration
	 -	Trade licence applications
	 -	 Applications for citizenship and
		 permanent residence
	 -	 Advice on security legislation and regulations
	 -	 Registration of ante nuptial marriage contracts
	 -	 Matrimonial law
	 -	 Immigration legal advice.
Litigation
When it comes to litigation, we are able to represent
clients in litigation matters in all South African courts.
These include the High Court, Magistrate’s Court,
Labour Court, Tax Court, Constitutional Court, Land
Claims Court and the Competition Commission Tribunal.
In addition, our legal specialists offer wide ranging
services in their own individual areas of expertise,
which are highlighted in the section on Our Directors
and Exco Members (pages 8 to 13).
Infrastructure support
MSMM offers facilities and infrastructure support for
training, arbitration and disciplinary hearings at its
premises. In addition, we let out rooms for executive
training, arbitration and boardroom meetings.
Our Directors and EXCO Members
Nano Matlala
Founder and Chief Executive Officer (CEO)
As the only founding director still active at MSMM,
Matlala encourages all MSMM staff to value the
company’s historical background and continue its
legacy of producing distinguished attorneys.
Qualifications and experience:
Matlala was admitted as an attorney in 1982.
He has a B. PROC (UNISA), Fellow of the Chartered Institute of Arbitrators
(FCI. Arb) (London), Executive Development Programme in Strategic Management
(Graduate School of Management & Urban Policy, New York), Diploma in Human
Rights (RAU), Higher Diploma in Company Law (Wits), Higher Diploma In Tax Law
(Wits), Programme in the Management of Minerals and Mining Policy (Wits), Legal
Techniques of Restructuring State Owned Enterprises (International Development
Law Institute-Rome) and LLM (Commercial Law) (UNISA).
Nano Matlala is past President of the following organisations: Black Lawyers
Association, Transvaal Law Society and the Law Society of the Northern Provinces;
past Chairperson of the Association for the Advancement of Black Insolvency
Practitioners and Co-Chair of the Law Society of South Africa.
Current leadership roles include Senior Examiner and Moderator of the Attorneys
Admission Examination, Chairperson of the Takeover Regulation Panel, Chair of
the Tax Board and member of the Magistrate Commission and Tax Court.
During 1990, Nano Matlala worked at Wall Street Law firm Milbank Tweed as an
international attorney in the firm’s Banking and Institutional Investment Division.
There, he gained valuable experience in cross-border structured credit, banking
and leveraged finance.
Matlala’s areas of expertise inter alia cover the following:
•	 Aviation and maritime law
•	 Business rescue, company restructuring and turnaround
•	 Commercial and corporate
•	 Regulatory matters
•	 Insolvency and liquidation
•	 Constitutional law
•	 Arbitration and labour
•	 Banking, finance and tax issues
•	 Land claims
•	 Mining law
•	 Complex litigation.
Mxolisi Zwane
Chief Operations Officer (COO)
Qualifications and experience
B.PROC (Wits), LLM (Masters Degree in Law)
specialising in Fundamental Rights and Constitu-
tional Practice & Litigation (University of Pretoria),
Higher Diploma in Company Law (Wits).
8
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After being admitted as an Attorney in 1997, he practised at three law firms (Zwane,
Lekalakala Attorneys, Zwane, Sambo and Associates and Zwane, De Klerk Incorporated).
Zwane’s leadership roles encompass current President of the Foundation for African
Business and Consumer Services (FABCOS), Head of Policy at the Black Business
Council, National Heritage Council Chairperson and former Administrator of the Pan
South African Language Board (PanSALB).
Before joining MSMM, Zwane also held various positions as Executive Chairman
of Premier Foods Ltd, and Proforma Prosecutor and Legal Advisor of the Premier
Soccer League (PSL). In addition, he has served on the boards of several state-owned
entities including the Gauteng Entrepreneur Propeller (GEP) and G-fleet.
His primary specialisation areas include the following:
•	 Constitutional law practice and litigation
•	 Criminal and civil litigation
•	 Labour law and dispute resolutions
•	 Commercial and corporate law advice
•	 Drafting of constitutions for associations
•	 Land rights and restitution
•	 Customary law advice on traditional authorities
•	 Heritage and linguistic human rights
•	 Sporting law, contracts and advice
•	 Collective bargaining, negotiations and mediation
•	 Business rescue, company restructuring and turnaround
•	 Advice on corporate governance
•	 BEE deal structuring and advice.
Professional approach
Known as astute, determined and client-focused, Mxolisi Zwane is passionate
about his profession. He is spurred on by difficult challenges and says his greatest
reward is ‘client satisfaction and being able to give good quality advice.’ Zwane is
keen to progress further in the field of international public law and to promote the
development of African legal jurisprudence.
Bekhen Nkwinika
Director
Qualifications and experience
B.PROC (UNISA). He was admitted as an Attorney
in 1995.
Bekhen Nkwinika’s main areas of specialisation
include the following:
•	 Motor vehicle personal injury claims
•	 Deceased estate administration
•	 Property matters (e.g. registration of companies and inter vivos Trusts)
•	 Matrimonial cases
•	 Immigration rights and permits
•	 Administrative law advice
•	 Insurance law
•	 Trust law and trust registration
•	 Civil litigation (High Court and Magistrate’s Court).
Clients he has represented in civil litigation cases include the City of Tshwane
Metropolitan Municipality, Telkom SA Limited and the Land Bank Agricultural
Development Bank of South Africa.
Professional approach
Nkwinika ascribes to the principles of honesty, hard work and the need to respect
others. He dislikes doing anything in half measures. He says the most rewarding
aspect of his job is the satisfaction of a ‘job well done and going the extra mile to
fight against injustice.’
Jonas Ben (JB) Sibanyoni
Director
Qualifications and experience
B. Proc (University of Zululand). He was admitted
as an Attorney in 1984 with right of audience in the
High Court since 1996.
JB Sibanyoni recently joined MSMM after serving
as a Member of Parliament in the Justice Portfolio
Committee and the Judicial Service Committee (JSC) for 10 years.
During his term as an MP, Sibanyoni served in various capacities. These include
Whip of the Justice Portfolio Committee, Whip of the Peace and Stability Cluster
and acting Chairperson of the Peace and Stability Cluster. Furthermore, he acted as
Chairperson of several Ad Hoc Committees, which dealt with the appointment of the
Deputy Public Protector and the Judge’s Code of Conduct and registrable interests.
Sibanyoni has also participated in the passing of various legislations such as the
Legal Practice Bill, the Restitution of Land Rights Bill and amendments to the format
of the Constitutional Court.
Prior to his decade in Parliament, he practised as an attorney for 11 years, working
primarily in the field of land claims and challenges faced by farm workers and dwellers.
SibanyonialsoservedasanAmnestyCommitteememberoftheTruthandReconciliation
Commission (TRC), chaired by Judges of the High Court. He assisted in adjudicating
applications by perpetrators of atrocities committed during past political conflicts.
While Sibanyoni has extensive working experience in various Magistrates’s courts, his
current responsibilities at MSMM mostly entail working in the High Court. He also
adjudicates civil disputes in his capacity as a Commissioner for the Small Claims Court
at Ekangala in the district of Bronkhorstspruit, a position he has held since 2004.
Apart from being the former treasurer of the Democratic Lawyer’s Congress (DLC),
JB Sibanyoni regularly participates in legal education programmes for several
national and community radio stations. These include Kangala community radio
services, Greater Middleburg FM, TUT FM, Moutse community radio and national
stations such as Kwekwezi FM and Ligwalagwala FM.
Areas of specialisation include the following:
•	 Constitutional matters
•	Criminal and civil litigation
10
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•	Land rights and restitution
•	 Road Accident Fund matters
•	 Matrimonial matters
•	 Drafting of legislation, ordinances and by-laws
•	 Property law and property management
•	 Customary law and advice on traditional authorities.
Professional approach
Sibanyoni’s people-focused mindset is geared towards assisting his clients to access
justice. He values the principles of honesty and hard work, conducting himself ethically
and accomplishing success based on his own expectations.
He is currently studying towards a Masters degree (LLM) in Constitutional Litigation
through the University of the Western Cape (UWC). He aspires to be appointed as a
Judge on the bench sometime in the future.
Tshepo Sebola
Director
Qualifications and experience
LLB degree (University of Pretoria), Certificate in
Legislative Drafting (University of Pretoria). He was
admitted as an Attorney in 2008 and has right of
appearance in the High Court.
Tshepo Sebola’s areas of specialisation include:
•	Personal injury claims
•	 Administrative law
•	 Insurance matters
•	 Corporate and commercial law
•	 Drafting of contracts
•	 Conveyancing and property management
•	 Labour law and tax law advice
•	 Drafting of legislation, ordinances and by-laws.
Professional approach
Sebola places a high value on accountability, being thoroughly prepared and having
a comprehensive knowledge of each individual client’s case.
He believes that honesty should dictate the entire professional life of an attorney,
since he/she is not only dealing with clients’ cases, but also with their lives, their
money and their futures.
As the youngest attorney in the MSMM team, Sebola has aspirations of expanding
his knowledge into the area of competition law as it applies to all industries.
His endeavour is to obtain a Master’s degree in banking law.
Professor Shadrack Gutto
Chairperson MSMM
Qualifications and experience
LLB (Hons) (Nairobi, Kenya); M.A.L.D. (Fletcher
School of Law and Diplomacy, Tufts University,
USA); PG Diploma in International and
Comparative Human Rights Law (Strasbourg,
France); PhD (Lund, Sweden).
MSMM is delighted to welcome Professor Shadrack Gutto as its Chairperson.
Prof Gutto is currently also a Professor of African Renaissance Studies and the
Academic Coordinator of the Programme on Management of Democratic Elections
in Africa at the University of South Africa (UNISA).
Professor Gutto has held numerous leadership and senior academic positions.
These include former Associate Professor of Law at the University of the
Witwatersrand (Wits), former research scholar at Lund University in Sweden,
a former Professor Extraordinaire at the Faculty of Humanities at Tshwane
University of Technology and former Chairperson of the Society of University Law
Teachers of Southern Africa.
In addition, he has acted as an ad hoc consultant to the United Nations (UN) agency,
the Organization of African Unity (OAU) and the African Union (AU).
As a prominent constitutional law expert, Prof Gutto is widely published and has
drafted several pieces of legislation pertaining to land and equality.
He has written and published seven books, 40+ academic/scholarly articles and has
presented over 70 conference papers.
Areas of expertise include:
•	 Constitutional law
•	 International law
•	 Political economy issues.
Theresa Hill
Director and Conveyancer
Qualifications and experience
BLC (University of Pretoria) LLB;
(University of Pretoria).
Ms Hill obtained right of appearance in the High
Court in 1995. She was admitted simultaneously
as Attorney and Conveyancer in April 2001.
Prior to her current position at Gerhard Botha and Partners – where she is a senior
conveyancer and director in charge of the firm’s Conveyance Department – Ms Hill
held the rank of Major as a Military Law Officer in the South African National Defence
Force (SANDF) for nine years.
12
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During her time in the SANDF, she gained valuable experience as a military judge,
reviewing ordinary and general court matters, general legal advice as well as plan-
ning and implementing courses in military law.
As a director at MSMM, Ms Hill will use her 12 years expertise in conveyancing (bond
registration and property transfers) and litigation experience to enhance our service
offering in the property sector.
Ms Hill’s areas of expertise include:
•	 Drafting of agreements, for sale and lease transactions, of both residential and
	 commercial property
•	 Registration of bonds, including notarial bonds
•	 Registration of transfer of residential and commercial property
•	 Cancellation of bonds
•	 Opening of sectional title schemes and township registers
•	 Extension of sectional title schemes and units
•	 Consolidation and subdivision of erven
•	 Removing of restrictive conditions of title
•	 Registering of servitudes.
Professional Approach
Conveyancing, by its very nature, requires attention to detail and precision. Theresa
is the epitome of these characteristics, as well as being dedicated to professional
excellence and client well-being.
Calm and friendly, she is well-known for her ability to handle challenges with
enthusiasm, yet remain focused and clear headed.
Denise Lenyai
Notary and Conveyancer
Qualifications and experience
B.Proc (University of the North) and LLB
(University of Natal). She was admitted as an
Attorney and Conveyancer in 1998.
Leadership roles include being current Chair-
person of the Black Lawyers Associations
(North-West Branch), Member of the Pretoria Attorneys Associations’ Property Law
Committee and Trustee of the Tshwane Environmental Development Trust.
Areas of expertise
Ms Lenyai’s experience focuses on the following:
•	 Conveyancing (bond registration and property transfers)
•	 Execution and registration of prospecting rights, mining leases and mining rights
•	 Advising clients on the mining charter
•	 Conducting corporate governance workshops especially relating to the King Reports
•	 Advising clients on compliance with the various legislation and statutes,
	 registration of companies, trusts and other legal entities
•	 Drafting of contracts
•	 Acting as a negotiator on behalf of clients in complex commercial issues
•	 Alternative conflict resolutions.
With her passion for legal issues pertaining to property, Ms Lenyai also sits on various
property law committees to ensure that the profession remains relevant and abreast
of changes in the current market.
An exciting new development for MSMM is the establishment of LTP CHAMBERS,
which is housed on the first floor of our building in Tshwane.
The Chambers is named after three of the country’s most distinguished attorneys
– Muziwakhe Anton Lembede, Oliver Reginald Tambo and Mokgonane Godfrey
Pitje. These men of stature have left behind a proud historical legacy of pursuing
and achieving social justice, equality and transformation in South Africa’s judiciary
and civil society.
It is with this in mind that the current directors of MSMM undertake to cherish and
uphold the legacy of Lembede, Tambo and Pitje through LTP Chambers.
The new resource will focus on bringing together attorneys to practise in an
environment that enables them to specialise in a wide variety of legal disciplines.
By offering various levels of membership, attorneys will jointly share operational
costs, while reducing the financial and administrative burden of running their own
individual single or partnership practices.
The Chambers comprises 20 offices for legal practitioners. Here, they will mutually
share and operate in the following legal specialisation areas:
•	 Commercial and corporate law
•	 Taxation and banking law
•	 Business rescue and liquidations
•	 Road accident fund (RAF), medical malpractice and medical insurance law
•	 Constitutional law and labour relations
•	 Military law, aviation and maritime law
•	 Property law and land rights
•	 Specialised litigation and alternative dispute resolution.
Legal practitioners who make use of the LTP Chambers will have joint access to the
following facilities:
•	 Administrative and support staff
•	 Financial systems
•	 IT systems and infrastructure
•	 Library and research services
•	 Boardroom and arbitration facilities
•	 Shared canteen services
•	 Handling of joint instructions and briefs.
In addition to housing member practitioners, the LTP Chambers aims to enhance the
skills of those using the Chambers by presenting training workshops and seminars.
MSMM’s founding members, directors and legal experts will share their know-how
and experience of core specialisation areas with the member practitioners.
Furthermore, LTP Chambers also operates a specialised alternative dispute resolution
agency. Through its own qualified mediators and arbitrators, the LTP Chambers offers
services in conducting disciplinary hearings, mediation and conciliation, arbitration
and adjudication as well as investigations and commissions of enquiry.
For further information about the LTP Chambers, membership and its services,
contact Marlene Lambrianos at telephone 087 232 1799, on e-mail at marlene@
msmminc.co.za or via fax to mail on 086 537 8230.
LTP Chambers – Carrying Forward the Legacy
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SECTOR/INDUSTRY CLIENT PROJECT BRIEF
1 National
Government
Department of Communications
Drafting of Legislation: Broadcasting Act 4 of 1999, South African Post Office Services Act
and South African Post Office Bill 1998.
Department of Justice and
Constitutional Development
•	 Conducting investigation into irregularities of the State Attorney (Johannesburg);
•	 Represented the Office of the Johannesburg Master in litigation matters.
Department of Basic Education Legal Advisor on development of public/private partnership policy.
Ministries of Safety and Security,
Defence and Intelligence
Represented the Ministries at the Hefer Commission of Inquiry.
Department of Public Works
•	 Legal Advisor on cross-border transactions;
•	 Advice on establishment of Sector Education and Training Authorities (SETA) and transfer
of assets.
Department of Labour
•	 Drafting of Wage Determination Bill for domestic industries;
•	 Legal Advisor on winding up of Lebowa Mineral Trust and transfer of assets.
Department of Mineral Resources Legal advice on the establishment of the Kimberley process.
Department of Finance
•	 Conducted tax fraud and tax evasion investigations for South African Revenue Services
(SARS);
•	 Conversion of SASRIA to state-owned entity;
•	 Restructuring of Umsobomvu Fund;
•	 Conducted feasibility and impact study on the implementation of a border post for
concession between South Africa and Mozambique.
Department of Public Enterprises
Provided legal advice for drafting of legal framework for the privatisation of state-owned
enterprises.
Projects and commissions
MSMM boasts an extensive portfolio of work it has done over the years. Here are just a few of the numerous major projects and commissions we have undertaken for our clients
across various divisions in the company:
2 State-owned entities,
Local and Provincial
government
Gauteng Provincial Government Provided legal advice on effecting eviction orders on Council properties.
Tshwane Metro
Conducted a Commission of Inquiry into irregularities and maladministration on allocation of land,
houses, tenders etc.
Johannesburg Metro Conducted feasibility study on establishment of the People’s Centres at local level.
Department of Housing, Gauteng Conducted an audit on the allocation and transfer of houses in Soweto.
Kungwini Local Municipality Provided legal advice on all Council matters.
Civil Aviation Authority of South Africa Provided legal advice on all aviation contracts with service providers and stakeholders.
Telkom Pty Ltd Provided advice on transfer of Telkom Pension fund and various litigation matters.
Airports Company of
South Africa Limited (ACSA)
Privatisation of company (joint project with White & Case).
SA Reserve Bank
Advised client on the impact of its Pension fund rules on housing related to
Kwa-Zulu Natal tribal land.
Spoornet and Transnet Provided legal advice and managed the Tender Boards of both organisations.
3 Private National African Federated Chamber
of Commerce (NAFCOC)
Registration of trademarks and logos.
Pan Africanist Congress (PAC) Registration of trademarks and logos.
South African Airways (SAA) Registration of trademarks and logos.
North West Mutual Aid Liquidation
Menlo Park Shopping Centre Registration and transfer of ownership of centre.
Bonitas Medical Aid Provided legal advice on all matters including contracts and claims.
4 Organised labour NEHAWU
Client representation: Labour dispute and civil service strike by NEHAWU members,
Pelonomi Hospital, Bloemfontein.
SECTOR/INDUSTRY CLIENT PROJECT BRIEF
16
The merging of four legal firms in
2001, which constituted the conver-
gence of attorneys and directors who
had commenced practice individu-
ally or in partnership in the seventies,
represents 40 years of collective legal
practice and experience.
At the beginning, these firms focused
on criminal and civil matters, motor
vehicle accidents as well as human
rights. In the latter, they represented
activists and victims of the Apartheid
era as well as union officials and
members during a period of unpre-
cedented political turmoil in the
country’s history.
MSMM prides itself on recognising
the pivotal historical role played by its
founding directors. These individuals
were all actively involved in facing the
challenges of liberating South Africa
and fighting against the injustices of
the Apartheid regime.
The valuable contribution of MSMM’s
founding directors did not end there.
After the Apartheid regime had
unbanned the country’s liberation
movements, they participated in the
drafting of South Africa’s first demo-
cratic constitution. They also helped to
restructure the judicial system of both
the Higher and Lower courts.
Now, as MSMM continues to uphold
and be inspired by the 40-year old
legacy left behind by our founding
directors, we remain ever mindful
of our company vision; driven by a
passion for justice.
Remembering
our history
Contact details
MALULEKE, SERITI, MAKUME, MATLALA INCORPORATED (MSMM)
STREET ADDRESS: 905 Stanza Bopape Street,
Arcadia, Pretoria (Tshwane), SOUTH AFRICA
POSTAL ADDRESS: P.O Box 3217, Pretoria, 0001.
TEL: 087 232 1799 | FAX: 086 539 0106
E-MAIL: msmm@msmminc.co.za
DOCEX: 162, Pretoria
GENERAL ENQUIRIES: Tshepiso Matenche
E-MAIL: tshepiso@msmminc.co.za | TEL: 087 232 1799
OFFICE MANAGER: Elizabeth Ntshabele
E-MAIL: Ntshabele@msmminc.co.za | TEL: 087 232 1799
MSMM RUSTENBURG OFFICE
STREET ADDRESS: Suite 101A, First Floor, Biblio Plaza Centre,
Cnr Mandela Drive and President Thabo Mbeki Drive, Rustenburg, SOUTH AFRICA
ENQUIRIES: Ms Denise Lenyai
TEL: +27 14 5942633 | FAX: +27 594 2634
E-MAIL: DeniseL@msmminc.co.za
MSMM MPUMALANGA OFFICE
STREET ADDRESS: Suite 603B, The Pinnacle Building,
1 Parkin street, Nelspruit, 1200
ENQUIRIES: Mr Jonas Ben Sibanyoni
E-MAIL: Jsibanyoni@parliament.gov.za
ALTERNATIVE E-MAIL: sibanyoni@msmminc.co.za
MOBILE: 083 286 3017
Copy writing/Editing: Lauren Burley Copley | Photography: Peter Morey | Design/Layout: Isikhova Publishing and Communications CC
Contact us
TEL: 087 232 1799
FAX: 086 539 0106
E-MAIL: msmm@msmminc.co.za
MALULEKE | SERITI | MAKUME | MATLALA INC
Driven by a passion for justice
MSMMMTI |R| SEALUM ||UMAK

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MSMM Legal Legacy of Justice

  • 1. MALULEKE | SERITI | MAKUME | MATLALA INC Driven by a passion for justice MSMMMTI |R| SSEALUM ||UMAK Attorneys, Notaries, Conveyancers and Corporate Law Advisers
  • 2. Maluleke, Seriti, Makume, Matlala Incorporated (MSMM) is justifiably proud that four of our founding directors and an attorney it trained serve as Judges of the High Court and Supreme Court of Appeal. These are Judge George Maluleke (High Court of South Africa, Gauteng Division Pretoria); Judge Legoabe Seriti (The Supreme Court of Appeal); Judge Ntendeya Mavundla (High Court of South Africa, Gauteng Division Pretoria) and Judge Motsamai Makume (High Court of South Africa, Gauteng Division Johannesburg). We pride ourselves on our legacy and 40 years of collective legal experience; a result of a successful merger of four legal firms that constitute MSMM. • Maluleke, Msimang and Associates: Established in 1974, this Kempton Park based firm established a solid reputation in the field of motor vehicle accident claims. One of its founding members, George Maluleke, was formerly Vice Chair of the Road Accident Fund (RAF). • Seriti, Mavundla and Partners: As one of the first partnerships formed by attorneys from disadvant- aged communities, this firm was established in 1977. It built a strong reputation in a variety of legal fields, placing emphasis on client satisfaction and relentless effort. The company achieved this by consulting clients as regularly as possible and providing them with ongoing progress reports. • Makume and Associates: This firm was established in 1997 after four law firms merged. Although relatively new, some of the experience of its legal partners dated back to 1980. The firm based its practice on the belief that opportunities exist for previously disadvantaged law firms to compete on an equal basis with other law firms, especially when securing clients in Government and major business concerns. With its focus of continually being in touch with the ever-changing legal system, it used specialisationtoimprovethequalityofitslegalservices. • Matlala Incorporated: Established in 1983, the company initially focused on general legal practice with emphasis on criminal, civil and matrimonial matters. During the mid 1980s it made significant contributions to the practice of human rights and labour law, acting on behalf of COSATU, NACTU, the Independent Trade Union Movement and individual employees. Matlala Inc. was also involved in major incidents of the struggle and State of Emergency in South Africa through its representation of the Mass Democratic Movement (MDM). Matlala is the only one of the four original founding directors who is now involved in MSMM as its CEO. Our legacy and founding directors
  • 3. About us MSMM is a distinguished South African law firm that prides itself on its African heritage, multi-disciplinary legal offering and a passion for pursuing justice. Based in Tshwane – a stone’s throw away from the Union Buildings in Hatfield – the company was established after four prominent black Gauteng law firms merged in 2001. More recently, MSMM has opened offices in Mpumalanga as well as in Rustenburg in association with Khanyisa Mogale Attorneys. We are mindful of the legacy of our founding directors Maluleke, Seriti, Makume and Mavundla, after which the company is named. These forebearers went on to contribute to the third arm of government as illustrious judges in South Africa’s new democracy. MSMM’s team of capable and experienced legal practitioners each practise in a wide range of specialisation areas, which are outlined on pages 6 - 9. Our team comprises capable and experienced legal practitioners providing services in numerous specialisation areas. MSMM is premised on a deeply entrenched ethos for service excellence and professionalism, guided by our company vision and values. 1 Vision To empower our clients and be recognised as the leading provider of African-centred corporate governance and legal solutions. Values • Act with integrity and honesty • Service excellence • Client-focused • Respect in all stakeholder interaction • Passion for the pursuance of justice • Committed to serve with distinction
  • 4. 2 MSMM comprises five directors and a staff complement of 10 professional associates and candidate attorneys as well as four categories of specialist consultants. These include arbitrators and mediators, forensic investigators, training consultants, project managers and corporate governance specialists. We specialise in constitutional law and land rights, commercial and corporate law, tax, labour, arbitration, insolvency, personal injury law, sporting law and all areas of complex litigation. Servicing both private and public sectors, MSMM’s portfolio of clientele includes: • Private blue-chip and state-owned corporations and companies • Captains of industry and business executives • Financial institutions • Public sector: National, provincial and local government, state-owned entities and parastatal organisations • State regulatory bodies and associations • Organised labour associations • Business associations • Traditional authorities • Non-governmental organisations (NGOs) and non profit organisations (NPOs) • Foreign embassies and diplomatic offices • The African Union (AU) and regional economic communities in Africa • Foreign business investors and organisations • African states • Sporting federations. Staffing Apart from our core legal team, MSMM’s staff compliment comprises extremely talented and competent administrative support employees. Our team strives to exceed client expectations at all times. They are mindful of the importance of civil litigation, have a firm grasp of legal issues and are dedicated to providing the highest quality service. Our business JUSTICE UMLILO INTEGRITY HONESTY RESPECT COMMITTED HAKI PASSION MATLAFATSA DEVELOPER INTEGRITY SEMOLAO HONESTY EMPOWER RESPECT COMMITTED UBULUNGISA PASSION INTEGRITY JUSTICE HLOMPHO RESPECT COMMITTED LEGAL BOIKANYEGO HONESTY JUSTICE EMPOWER BOTSHEPEGI LEGAL UKUZIMISELA RESPECT HAKI
  • 5. 3 For the majority of South Africans, access to justice remains a major challenge in a country where the law plays a pivotal role in enabling a just and equitable society. At MSMM, we are uniquely positioned to appreciate the obstacles facing many of our clients, primarily because some members of our executive have personally faced similar challenges and injustices in their own lives. MSMM differentiators: • Our legal specialists combine their personal and professional experience with solid legal expertise and a clear understanding of the South African legal system to fulfill all briefs in the realisation of justice. • As one of the country’s pioneering African law firms and unprecedented legal history in the judiciary, MSMM’s service offering is enriched by the fact that it has, and continues to make a contribution to the jurisprudence of South Africa’s new democracy. • Our approach focuses on improving the current legal imbalance in our justice system, by taking the intricacies of different customs, indigenous languages and cultures into account. • We strive to empower our clients by ensuring they know and understand their legal rights. Why choose us?
  • 6. In 2015, MSMM expanded its operations by securing associations with two prominent legal firms, Gerhard Botha and Partners Incorporated and Khanyisa Mogale Attorneys. This enhances MSMM’s already impressive multi-disciplinary legal offering. We are confident this alliance with fellow competent legal minds who are equally passionate about pursuing justice, will expand our reach and ability to provide an even wider variety of specialised legal services to our clients across the spectrum, not only in South Africa, but across the African continent and internationally. Gerhard Botha and Partners Incorporated Since its incorporation in 1982, the firm of Gerhard Botha and Partners Incorporated has expanded its service offering. The firm’s direct- ors Gerhard Botha, Theresa Hill and Brendon Swart have used their extensive combined legal expertise to focus on specific principal areas of specialised practice. These include: • Litigation • Aviation Law • Government and Provincial Acquisition and Procurement • Arbitration • Corporate and Commercial Law • Labour Law • Property Law • Credit Law • Tax Law. Based in the Eastern suburbs of Tshwane, the majority of the practice’s clients are from the corporate and government sectors. These include leading aviation and commercial companies, financial institutions, government departments, parastatals and property developers. One of the specialised industries in which the practice has played a key role is the complex aviation industry. In this regard, it has served on various airport technical committees, acted as a member of different advisory committees relating to airport commercialisation and rendered advisory services on areas such as international protocols and conventions and civil aviation legislation. Gerhard Botha and Partners Incorporated has built up an extensive network of international associates, which has enabled it to successfully handle complex matters throughout South Africa, the African continent, Canada, North and South America, India, Australia, Indonesia, Singapore, the African Union as well as several European Union member states. With its values of integrity, legal excellence, professionalism, relationship of trust and passionate people, MSMM welcomes Gerhard Botha and Partners Incorporated as associates. 4 Expanding our reach through association
  • 7. 5 Khanyisa Mogale Attorneys The firm was established in 2004 by Khanyisa Isabella Mogale, who specialises as a senior attorney in High Court and Magistrate Court Liti- gation as well as drafting of legal contracts. As a black-owned and -managed practice based in Rustenburg, it has positioned itself as a dynamic litigation, property and commercial law firm, offering a range of legal services to corporate clients. These include major financial institutions, parastatals, government departments as well as numerous small and medium sized business entrepreneurs. Khanyisa Mogale Attorneys is establishing a solid reputation for its expertise in two primary fields of practice, namely property and commercial law and litiga- tion. The practice comprises three senior attorneys, two candidate attorneys and administrative support staff. This progressive practice oversees the training of prospective attorneys from previ- ously disadvantaged communities. In this regard, it is proud of its record in having produced attorneys and up skilled them further for admission as legal conveyancers. Khanyisa Mogale Attorneys aims to continue the practice as a reservoir for black attorneys who are passionate about practising law and committed to meeting the needs of their clients. With a close alignment between the vision of Khanyisa Mogale Attorneys – being the premier black legal practice of choice – and that of MSMM, in being recognised as the leading provider of African-centred corporate governance and legal solu- tions, we are looking forward to a mutually beneficial working association. Giving back – Corporate Social Responsibility (CSR) At MSMM, giving back to the com- munity is an integral part of our collective mindset. Our two main CSR focus areas are: Training: We take pride in training and men- toring candidate attorneys and interns. The firm also mentors and offers advice to between 20 and 30 young upcoming black legal practi- tioners every year. To date we have trained no less than 100 candi- date attorneys - some of whom are judges - while others occupy the highest positions in the public and private sector. Free legal advice: In addition, we contribute to entre- preneurial development by offer- ing 16 free 30-minute legal advice sessions per month to start-up black business entrepreneurs who meet certain criteria (e.g. income less than R500, 000 per annum).
  • 8. 8 MSMM comprises four divisions, each providing services in different areas of expertise. These are: 01 Alternative Dispute Resolution, Corporate Governance and Training • Labour law, arbitration and mediation services • Alternative dispute resolution • Labour law advice • Disciplinary hearings and Commissions of Inquiry • Collective bargaining and negotiation services • Situational risk analysis • Sports contractual negotiation and advice. 02 Commercial, Corporate and Business Services • Business rescue, company restructuring and turnaround • Liquidation and insolvency • BBBEE advisory services • Tax compliance advice • Foreign company localisation and compliance • Mergers, acquisitions and deal structuring • Company registrations • Forensic/investigation services and debt recovery • Corporate governance • Project management • Public/private partnerships • Public sector project advice (including cross- border transactions). 03 Public and Constitutional Law Services • Constitutional matters - Interpretation - Litigation - Drafting / Amendments • Legislation, regulations, ordinances and by-laws - Interpretation - Negotiation skills - Drafting / Amendments • Legal advice and representation • Corporate governance monitoring and compliance • Land reform and restitution • Property law and property management • Local government regulation and legislation • Traditional authority advice • Situational risk analysis • Commissions of Inquiry. 6 Expertise – what we do
  • 9. 7 04 Personal Injury, Insurance and Administration of Estates • Medical law and personal injury - Medical negligence/malpractice and medical insurance claims - Road Accident Fund – personal injury claims - Consumer law and consumer protection - Insurance law. • Administration of estates - Drafting of wills - Winding up and administration of deceased estates - Curatorship and registration of executorships - Liquidations and accounts distribution management - Advice on intestate succession. • Administration law - Business and company applications, registrations and licensing - Trust formation and registration - Trade licence applications - Applications for citizenship and permanent residence - Advice on security legislation and regulations - Registration of ante nuptial marriage contracts - Matrimonial law - Immigration legal advice. Litigation When it comes to litigation, we are able to represent clients in litigation matters in all South African courts. These include the High Court, Magistrate’s Court, Labour Court, Tax Court, Constitutional Court, Land Claims Court and the Competition Commission Tribunal. In addition, our legal specialists offer wide ranging services in their own individual areas of expertise, which are highlighted in the section on Our Directors and Exco Members (pages 8 to 13). Infrastructure support MSMM offers facilities and infrastructure support for training, arbitration and disciplinary hearings at its premises. In addition, we let out rooms for executive training, arbitration and boardroom meetings.
  • 10. Our Directors and EXCO Members Nano Matlala Founder and Chief Executive Officer (CEO) As the only founding director still active at MSMM, Matlala encourages all MSMM staff to value the company’s historical background and continue its legacy of producing distinguished attorneys. Qualifications and experience: Matlala was admitted as an attorney in 1982. He has a B. PROC (UNISA), Fellow of the Chartered Institute of Arbitrators (FCI. Arb) (London), Executive Development Programme in Strategic Management (Graduate School of Management & Urban Policy, New York), Diploma in Human Rights (RAU), Higher Diploma in Company Law (Wits), Higher Diploma In Tax Law (Wits), Programme in the Management of Minerals and Mining Policy (Wits), Legal Techniques of Restructuring State Owned Enterprises (International Development Law Institute-Rome) and LLM (Commercial Law) (UNISA). Nano Matlala is past President of the following organisations: Black Lawyers Association, Transvaal Law Society and the Law Society of the Northern Provinces; past Chairperson of the Association for the Advancement of Black Insolvency Practitioners and Co-Chair of the Law Society of South Africa. Current leadership roles include Senior Examiner and Moderator of the Attorneys Admission Examination, Chairperson of the Takeover Regulation Panel, Chair of the Tax Board and member of the Magistrate Commission and Tax Court. During 1990, Nano Matlala worked at Wall Street Law firm Milbank Tweed as an international attorney in the firm’s Banking and Institutional Investment Division. There, he gained valuable experience in cross-border structured credit, banking and leveraged finance. Matlala’s areas of expertise inter alia cover the following: • Aviation and maritime law • Business rescue, company restructuring and turnaround • Commercial and corporate • Regulatory matters • Insolvency and liquidation • Constitutional law • Arbitration and labour • Banking, finance and tax issues • Land claims • Mining law • Complex litigation. Mxolisi Zwane Chief Operations Officer (COO) Qualifications and experience B.PROC (Wits), LLM (Masters Degree in Law) specialising in Fundamental Rights and Constitu- tional Practice & Litigation (University of Pretoria), Higher Diploma in Company Law (Wits). 8
  • 11. 9 After being admitted as an Attorney in 1997, he practised at three law firms (Zwane, Lekalakala Attorneys, Zwane, Sambo and Associates and Zwane, De Klerk Incorporated). Zwane’s leadership roles encompass current President of the Foundation for African Business and Consumer Services (FABCOS), Head of Policy at the Black Business Council, National Heritage Council Chairperson and former Administrator of the Pan South African Language Board (PanSALB). Before joining MSMM, Zwane also held various positions as Executive Chairman of Premier Foods Ltd, and Proforma Prosecutor and Legal Advisor of the Premier Soccer League (PSL). In addition, he has served on the boards of several state-owned entities including the Gauteng Entrepreneur Propeller (GEP) and G-fleet. His primary specialisation areas include the following: • Constitutional law practice and litigation • Criminal and civil litigation • Labour law and dispute resolutions • Commercial and corporate law advice • Drafting of constitutions for associations • Land rights and restitution • Customary law advice on traditional authorities • Heritage and linguistic human rights • Sporting law, contracts and advice • Collective bargaining, negotiations and mediation • Business rescue, company restructuring and turnaround • Advice on corporate governance • BEE deal structuring and advice. Professional approach Known as astute, determined and client-focused, Mxolisi Zwane is passionate about his profession. He is spurred on by difficult challenges and says his greatest reward is ‘client satisfaction and being able to give good quality advice.’ Zwane is keen to progress further in the field of international public law and to promote the development of African legal jurisprudence. Bekhen Nkwinika Director Qualifications and experience B.PROC (UNISA). He was admitted as an Attorney in 1995. Bekhen Nkwinika’s main areas of specialisation include the following: • Motor vehicle personal injury claims • Deceased estate administration • Property matters (e.g. registration of companies and inter vivos Trusts) • Matrimonial cases • Immigration rights and permits • Administrative law advice • Insurance law • Trust law and trust registration • Civil litigation (High Court and Magistrate’s Court).
  • 12. Clients he has represented in civil litigation cases include the City of Tshwane Metropolitan Municipality, Telkom SA Limited and the Land Bank Agricultural Development Bank of South Africa. Professional approach Nkwinika ascribes to the principles of honesty, hard work and the need to respect others. He dislikes doing anything in half measures. He says the most rewarding aspect of his job is the satisfaction of a ‘job well done and going the extra mile to fight against injustice.’ Jonas Ben (JB) Sibanyoni Director Qualifications and experience B. Proc (University of Zululand). He was admitted as an Attorney in 1984 with right of audience in the High Court since 1996. JB Sibanyoni recently joined MSMM after serving as a Member of Parliament in the Justice Portfolio Committee and the Judicial Service Committee (JSC) for 10 years. During his term as an MP, Sibanyoni served in various capacities. These include Whip of the Justice Portfolio Committee, Whip of the Peace and Stability Cluster and acting Chairperson of the Peace and Stability Cluster. Furthermore, he acted as Chairperson of several Ad Hoc Committees, which dealt with the appointment of the Deputy Public Protector and the Judge’s Code of Conduct and registrable interests. Sibanyoni has also participated in the passing of various legislations such as the Legal Practice Bill, the Restitution of Land Rights Bill and amendments to the format of the Constitutional Court. Prior to his decade in Parliament, he practised as an attorney for 11 years, working primarily in the field of land claims and challenges faced by farm workers and dwellers. SibanyonialsoservedasanAmnestyCommitteememberoftheTruthandReconciliation Commission (TRC), chaired by Judges of the High Court. He assisted in adjudicating applications by perpetrators of atrocities committed during past political conflicts. While Sibanyoni has extensive working experience in various Magistrates’s courts, his current responsibilities at MSMM mostly entail working in the High Court. He also adjudicates civil disputes in his capacity as a Commissioner for the Small Claims Court at Ekangala in the district of Bronkhorstspruit, a position he has held since 2004. Apart from being the former treasurer of the Democratic Lawyer’s Congress (DLC), JB Sibanyoni regularly participates in legal education programmes for several national and community radio stations. These include Kangala community radio services, Greater Middleburg FM, TUT FM, Moutse community radio and national stations such as Kwekwezi FM and Ligwalagwala FM. Areas of specialisation include the following: • Constitutional matters • Criminal and civil litigation 10
  • 13. 11 • Land rights and restitution • Road Accident Fund matters • Matrimonial matters • Drafting of legislation, ordinances and by-laws • Property law and property management • Customary law and advice on traditional authorities. Professional approach Sibanyoni’s people-focused mindset is geared towards assisting his clients to access justice. He values the principles of honesty and hard work, conducting himself ethically and accomplishing success based on his own expectations. He is currently studying towards a Masters degree (LLM) in Constitutional Litigation through the University of the Western Cape (UWC). He aspires to be appointed as a Judge on the bench sometime in the future. Tshepo Sebola Director Qualifications and experience LLB degree (University of Pretoria), Certificate in Legislative Drafting (University of Pretoria). He was admitted as an Attorney in 2008 and has right of appearance in the High Court. Tshepo Sebola’s areas of specialisation include: • Personal injury claims • Administrative law • Insurance matters • Corporate and commercial law • Drafting of contracts • Conveyancing and property management • Labour law and tax law advice • Drafting of legislation, ordinances and by-laws. Professional approach Sebola places a high value on accountability, being thoroughly prepared and having a comprehensive knowledge of each individual client’s case. He believes that honesty should dictate the entire professional life of an attorney, since he/she is not only dealing with clients’ cases, but also with their lives, their money and their futures. As the youngest attorney in the MSMM team, Sebola has aspirations of expanding his knowledge into the area of competition law as it applies to all industries. His endeavour is to obtain a Master’s degree in banking law.
  • 14. Professor Shadrack Gutto Chairperson MSMM Qualifications and experience LLB (Hons) (Nairobi, Kenya); M.A.L.D. (Fletcher School of Law and Diplomacy, Tufts University, USA); PG Diploma in International and Comparative Human Rights Law (Strasbourg, France); PhD (Lund, Sweden). MSMM is delighted to welcome Professor Shadrack Gutto as its Chairperson. Prof Gutto is currently also a Professor of African Renaissance Studies and the Academic Coordinator of the Programme on Management of Democratic Elections in Africa at the University of South Africa (UNISA). Professor Gutto has held numerous leadership and senior academic positions. These include former Associate Professor of Law at the University of the Witwatersrand (Wits), former research scholar at Lund University in Sweden, a former Professor Extraordinaire at the Faculty of Humanities at Tshwane University of Technology and former Chairperson of the Society of University Law Teachers of Southern Africa. In addition, he has acted as an ad hoc consultant to the United Nations (UN) agency, the Organization of African Unity (OAU) and the African Union (AU). As a prominent constitutional law expert, Prof Gutto is widely published and has drafted several pieces of legislation pertaining to land and equality. He has written and published seven books, 40+ academic/scholarly articles and has presented over 70 conference papers. Areas of expertise include: • Constitutional law • International law • Political economy issues. Theresa Hill Director and Conveyancer Qualifications and experience BLC (University of Pretoria) LLB; (University of Pretoria). Ms Hill obtained right of appearance in the High Court in 1995. She was admitted simultaneously as Attorney and Conveyancer in April 2001. Prior to her current position at Gerhard Botha and Partners – where she is a senior conveyancer and director in charge of the firm’s Conveyance Department – Ms Hill held the rank of Major as a Military Law Officer in the South African National Defence Force (SANDF) for nine years. 12
  • 15. 13 During her time in the SANDF, she gained valuable experience as a military judge, reviewing ordinary and general court matters, general legal advice as well as plan- ning and implementing courses in military law. As a director at MSMM, Ms Hill will use her 12 years expertise in conveyancing (bond registration and property transfers) and litigation experience to enhance our service offering in the property sector. Ms Hill’s areas of expertise include: • Drafting of agreements, for sale and lease transactions, of both residential and commercial property • Registration of bonds, including notarial bonds • Registration of transfer of residential and commercial property • Cancellation of bonds • Opening of sectional title schemes and township registers • Extension of sectional title schemes and units • Consolidation and subdivision of erven • Removing of restrictive conditions of title • Registering of servitudes. Professional Approach Conveyancing, by its very nature, requires attention to detail and precision. Theresa is the epitome of these characteristics, as well as being dedicated to professional excellence and client well-being. Calm and friendly, she is well-known for her ability to handle challenges with enthusiasm, yet remain focused and clear headed. Denise Lenyai Notary and Conveyancer Qualifications and experience B.Proc (University of the North) and LLB (University of Natal). She was admitted as an Attorney and Conveyancer in 1998. Leadership roles include being current Chair- person of the Black Lawyers Associations (North-West Branch), Member of the Pretoria Attorneys Associations’ Property Law Committee and Trustee of the Tshwane Environmental Development Trust. Areas of expertise Ms Lenyai’s experience focuses on the following: • Conveyancing (bond registration and property transfers) • Execution and registration of prospecting rights, mining leases and mining rights • Advising clients on the mining charter • Conducting corporate governance workshops especially relating to the King Reports • Advising clients on compliance with the various legislation and statutes, registration of companies, trusts and other legal entities • Drafting of contracts • Acting as a negotiator on behalf of clients in complex commercial issues • Alternative conflict resolutions. With her passion for legal issues pertaining to property, Ms Lenyai also sits on various property law committees to ensure that the profession remains relevant and abreast of changes in the current market.
  • 16. An exciting new development for MSMM is the establishment of LTP CHAMBERS, which is housed on the first floor of our building in Tshwane. The Chambers is named after three of the country’s most distinguished attorneys – Muziwakhe Anton Lembede, Oliver Reginald Tambo and Mokgonane Godfrey Pitje. These men of stature have left behind a proud historical legacy of pursuing and achieving social justice, equality and transformation in South Africa’s judiciary and civil society. It is with this in mind that the current directors of MSMM undertake to cherish and uphold the legacy of Lembede, Tambo and Pitje through LTP Chambers. The new resource will focus on bringing together attorneys to practise in an environment that enables them to specialise in a wide variety of legal disciplines. By offering various levels of membership, attorneys will jointly share operational costs, while reducing the financial and administrative burden of running their own individual single or partnership practices. The Chambers comprises 20 offices for legal practitioners. Here, they will mutually share and operate in the following legal specialisation areas: • Commercial and corporate law • Taxation and banking law • Business rescue and liquidations • Road accident fund (RAF), medical malpractice and medical insurance law • Constitutional law and labour relations • Military law, aviation and maritime law • Property law and land rights • Specialised litigation and alternative dispute resolution. Legal practitioners who make use of the LTP Chambers will have joint access to the following facilities: • Administrative and support staff • Financial systems • IT systems and infrastructure • Library and research services • Boardroom and arbitration facilities • Shared canteen services • Handling of joint instructions and briefs. In addition to housing member practitioners, the LTP Chambers aims to enhance the skills of those using the Chambers by presenting training workshops and seminars. MSMM’s founding members, directors and legal experts will share their know-how and experience of core specialisation areas with the member practitioners. Furthermore, LTP Chambers also operates a specialised alternative dispute resolution agency. Through its own qualified mediators and arbitrators, the LTP Chambers offers services in conducting disciplinary hearings, mediation and conciliation, arbitration and adjudication as well as investigations and commissions of enquiry. For further information about the LTP Chambers, membership and its services, contact Marlene Lambrianos at telephone 087 232 1799, on e-mail at marlene@ msmminc.co.za or via fax to mail on 086 537 8230. LTP Chambers – Carrying Forward the Legacy 14
  • 17. 15 SECTOR/INDUSTRY CLIENT PROJECT BRIEF 1 National Government Department of Communications Drafting of Legislation: Broadcasting Act 4 of 1999, South African Post Office Services Act and South African Post Office Bill 1998. Department of Justice and Constitutional Development • Conducting investigation into irregularities of the State Attorney (Johannesburg); • Represented the Office of the Johannesburg Master in litigation matters. Department of Basic Education Legal Advisor on development of public/private partnership policy. Ministries of Safety and Security, Defence and Intelligence Represented the Ministries at the Hefer Commission of Inquiry. Department of Public Works • Legal Advisor on cross-border transactions; • Advice on establishment of Sector Education and Training Authorities (SETA) and transfer of assets. Department of Labour • Drafting of Wage Determination Bill for domestic industries; • Legal Advisor on winding up of Lebowa Mineral Trust and transfer of assets. Department of Mineral Resources Legal advice on the establishment of the Kimberley process. Department of Finance • Conducted tax fraud and tax evasion investigations for South African Revenue Services (SARS); • Conversion of SASRIA to state-owned entity; • Restructuring of Umsobomvu Fund; • Conducted feasibility and impact study on the implementation of a border post for concession between South Africa and Mozambique. Department of Public Enterprises Provided legal advice for drafting of legal framework for the privatisation of state-owned enterprises. Projects and commissions MSMM boasts an extensive portfolio of work it has done over the years. Here are just a few of the numerous major projects and commissions we have undertaken for our clients across various divisions in the company:
  • 18. 2 State-owned entities, Local and Provincial government Gauteng Provincial Government Provided legal advice on effecting eviction orders on Council properties. Tshwane Metro Conducted a Commission of Inquiry into irregularities and maladministration on allocation of land, houses, tenders etc. Johannesburg Metro Conducted feasibility study on establishment of the People’s Centres at local level. Department of Housing, Gauteng Conducted an audit on the allocation and transfer of houses in Soweto. Kungwini Local Municipality Provided legal advice on all Council matters. Civil Aviation Authority of South Africa Provided legal advice on all aviation contracts with service providers and stakeholders. Telkom Pty Ltd Provided advice on transfer of Telkom Pension fund and various litigation matters. Airports Company of South Africa Limited (ACSA) Privatisation of company (joint project with White & Case). SA Reserve Bank Advised client on the impact of its Pension fund rules on housing related to Kwa-Zulu Natal tribal land. Spoornet and Transnet Provided legal advice and managed the Tender Boards of both organisations. 3 Private National African Federated Chamber of Commerce (NAFCOC) Registration of trademarks and logos. Pan Africanist Congress (PAC) Registration of trademarks and logos. South African Airways (SAA) Registration of trademarks and logos. North West Mutual Aid Liquidation Menlo Park Shopping Centre Registration and transfer of ownership of centre. Bonitas Medical Aid Provided legal advice on all matters including contracts and claims. 4 Organised labour NEHAWU Client representation: Labour dispute and civil service strike by NEHAWU members, Pelonomi Hospital, Bloemfontein. SECTOR/INDUSTRY CLIENT PROJECT BRIEF 16
  • 19. The merging of four legal firms in 2001, which constituted the conver- gence of attorneys and directors who had commenced practice individu- ally or in partnership in the seventies, represents 40 years of collective legal practice and experience. At the beginning, these firms focused on criminal and civil matters, motor vehicle accidents as well as human rights. In the latter, they represented activists and victims of the Apartheid era as well as union officials and members during a period of unpre- cedented political turmoil in the country’s history. MSMM prides itself on recognising the pivotal historical role played by its founding directors. These individuals were all actively involved in facing the challenges of liberating South Africa and fighting against the injustices of the Apartheid regime. The valuable contribution of MSMM’s founding directors did not end there. After the Apartheid regime had unbanned the country’s liberation movements, they participated in the drafting of South Africa’s first demo- cratic constitution. They also helped to restructure the judicial system of both the Higher and Lower courts. Now, as MSMM continues to uphold and be inspired by the 40-year old legacy left behind by our founding directors, we remain ever mindful of our company vision; driven by a passion for justice. Remembering our history Contact details MALULEKE, SERITI, MAKUME, MATLALA INCORPORATED (MSMM) STREET ADDRESS: 905 Stanza Bopape Street, Arcadia, Pretoria (Tshwane), SOUTH AFRICA POSTAL ADDRESS: P.O Box 3217, Pretoria, 0001. TEL: 087 232 1799 | FAX: 086 539 0106 E-MAIL: msmm@msmminc.co.za DOCEX: 162, Pretoria GENERAL ENQUIRIES: Tshepiso Matenche E-MAIL: tshepiso@msmminc.co.za | TEL: 087 232 1799 OFFICE MANAGER: Elizabeth Ntshabele E-MAIL: Ntshabele@msmminc.co.za | TEL: 087 232 1799 MSMM RUSTENBURG OFFICE STREET ADDRESS: Suite 101A, First Floor, Biblio Plaza Centre, Cnr Mandela Drive and President Thabo Mbeki Drive, Rustenburg, SOUTH AFRICA ENQUIRIES: Ms Denise Lenyai TEL: +27 14 5942633 | FAX: +27 594 2634 E-MAIL: DeniseL@msmminc.co.za MSMM MPUMALANGA OFFICE STREET ADDRESS: Suite 603B, The Pinnacle Building, 1 Parkin street, Nelspruit, 1200 ENQUIRIES: Mr Jonas Ben Sibanyoni E-MAIL: Jsibanyoni@parliament.gov.za ALTERNATIVE E-MAIL: sibanyoni@msmminc.co.za MOBILE: 083 286 3017 Copy writing/Editing: Lauren Burley Copley | Photography: Peter Morey | Design/Layout: Isikhova Publishing and Communications CC
  • 20. Contact us TEL: 087 232 1799 FAX: 086 539 0106 E-MAIL: msmm@msmminc.co.za MALULEKE | SERITI | MAKUME | MATLALA INC Driven by a passion for justice MSMMMTI |R| SEALUM ||UMAK