Summary of Experience

1. MW BOTHA –SUMMARY OF EXPERIENCE
Employment law practice and procedure
 Draft and review of employment contracts
 Draft and review contracts of employments associated with business transfers
 Draft and review of employment policies and procedures
 Draftoflegal opinionsandadvising companies, both locally and internationally, on various employment related issues including:
o The application of section 197 of the LRA
o The impact of the labour law amendments
o The procedure of section 189 and 189A to be followed in conducting ordina ry and large scale retrenchment
 Soundknowledge of labour legislationinSouthAfrica:The Constitution,LRA, BCEA,EEA, Sectoraldetermination,Employment Act and Subordinate
Legislation (e.g. PAJA, PEPUDA, PDAct)
 Knowledge of applicable labour and employment Legislation in Ireland, Namibia, Lesotho and Malawi
 Conductingdisciplinaryenquiries, counseling, disciplinaryactionsandtrialadvocacyfor poor performance, incapacityandmisconduct internallyand
externally at CCMA and other tribunals
 Investigation, Drafting and reviewing merits of charge sheets
 Negotiation, Mediationandsettlement withBargainingCouncils, Labour Inspectors andTrade unions (e.g. NBCEI, SALGBC, SAMWU, NUM) on
collective agreements, Agency-shop, Closed shop and other matters of mutual interest
 Sectors – Agriculture; Commerce; Construction;professionalservices;Food, Hospitality, Tourism& Catering; Mining(coal;other mining); Media;
Oil andgas production& oilrefining;PostalandTelecommunicationsServices; Public Service; Transport; Utilities (water; gas; electricity)
Appearance on behalf of accused persons in high profile Criminal trials before the Magistrate’s Courts, i.e.:
 Serious Economic Crimes Court, specializing in fraud related matters
 Sexual Offences Court, specializing in sexual offences, abuse towards woman and children
Interpretation and implementation of legislation
 South Africa: Interpretation and implementation Acts of Parliament, subordinate legislation, case law etc.
 Namibia, Lesotho,Mozambique andMalawi:InterpretationandimplementationofspecificallyAdministrative,Electricity, Companies, Employment
and Labour legislation
 Ireland: Interpretation and implementation of specifically Companies, Employment and Labour legislation
Drafting of Commercial Agreements pertaining to various corporate sectors, inter alia:
 Construction (FIDIC, NEC,JBCC)
 SLA’s
 Management Agreements
 Lease Agreements
 Vending Agreements
 Credit Agreements (CPA, NCA, FICA etc.)
Corporate Governance and Company Secretariat
 Facilitationof boardmeetings,preparationof boardpacks, draftingofSpecialandOrdinaryResolutions, Companyformations (compliant with both
companies Act No.61 of 1973 and Companies Act No.71 of 2008)
Administrative support and services to the EXCO
 Taking ofMinutes atbothgeneralandannualgeneralmeetings,generalinternal companysecretarialduties incompliance with the Companies Act,
JSE Listing requirements and King III
Legal risk and Litigation Management
 Manage litigationon behalfofthe Group, draftingandvettingof contracts,advising onlegislative andregulatorychanges, providing legalopinions on
request and general commercial legal work
Legal Due Diligence
 Reviewandcomment onproject documentation, includingPPP agreements andthe processes, concessioncontracts, subcontracts, supply chain
management etc.
 To institute andmanage legal proceedings for andonbehalf ofthe groupbyweighing therelative cost andbenefits of potential action prior to
commencing action either internally and/or externally by appointing outside council
Property Management
 Draft of Offer to purchase and purchase agreements of immovable property, Lease agreements, Eviction Notices etc.
Mining Concession Agreements
 Coal ore inMalawi,PPPprocess andforeigninvestment throughMIPAincompliance withlegislation, i.e. Malawi RevenueAuthority, Companies Act
etc.
Compliance and implementation of Occupational Health and Safety Act and Regulations