MALATJI & CO 1

Who We Are P 2Directors P 4Consultants P 9Noteworthy Matters Handled By The Directors & Consultants P 12Expertise P 18Corporate Social Responsibility P 23Value Proposition And Conclusion P 24

MALATJI & CO2

MALATJI & CO 3

Our firm is a niche majority black owned multi-disciplinary law firm based primarily in Sandton.

We seek to achieve and put together primarily, a majority talent of black lawyers and occupy a position in the top 10 largest law firms in the country, with our firm being the black law firm in said position. This as we know has been a challenge in the legal profession whereas the accounting profession has managed to achieve this.

OUR VISION AND MISSION STATEMENT

Our vision is to give new momentum to transformation in the legal profession.

Our mission is to create a hub of excellence which employs empowered lawyers who are passionate about a qualitative client centric service offering.

MALATJI & CO4

Our directors are very experienced attorneys who have practiced law from the time that they concluded their studies at university to date. Their experience ranges from 24 years to 14 years of practice in various fields of law.

MALATJI & CO 5

After having completed his B Proc at Turfloop University (now University of Limpopo) and an LLB from Howard College at the University of Natal (now University of Kwa-Zulu Natal), Tebogo became the first black director at a predominantly Afrikaans commercial law firm in Pretoria in 1998. He rose to become its managing director in 2005 until 2018 when Malatji Kanyane Attorneys was formed.

Tebogo’s practice covers a full spectrum of advice and litigation services for Boards, Statutory Councils, CEO’s of Statutory bodies and parastatals on all aspects of Public Law, the exercise of public power, application of the PFMA, Treasury Regulations and Directives, as well as corporate governance and restructurings.

Given his wealth of experience in an advisory role to the Public Sector, Tebogo is uniquely qualified to advise various corporate entities, regarding regulatory requirements of commercial transactions, compliance with and interpretation of legislation. In this role he assists the corporate world in maintaining legal health given the dictates of the regulatory environment within which their businesses operate.

Tebogo has an avid interest in legislative drafting and regularly attends to Review Applications and Public Law Litigation centred around the interpretation of legislation. He offers clients a full spectrum of compliance and advisory services in the Healthcare Industry as well as other regulated industries such as the Financial Services and Insurance Industries.

Having previously served his country as a High Court judge, Tebogo is a much sought-after advisor to major clients, including senior Government Ministers such as the Minister of Finance, the Minister of Economic Development, as well as the Minister of Public Works on a variety of matters.

Tebogo Malatji

MALATJI & CO6

Sunelle graduated from the University of North West with the degrees BCom in 1998 and LLB in 2000. During her final year of LLB studies, she was an exchange student at the Catholic University of Leuven in Belgium. Sunelle obtained her LLM degree from UNISA in 2007 specialising in Law of Contract with a focus on insurance contracts. She has various certificates and diplomas obtained from the University of Pretoria ranging from Insolvency Practice; Companies Law; Consumer Protection Law and Pension Funds Law.

Sunelle specialises in commercial litigation and dispute resolution with a strong focus on the regulatory environment in both the financial and medical scheme sectors. Sunelle has been involved in cross border litigation and international arbitration proceedings and regularly advises on compliance and liability issues for a variety of corporate clients including JSE listed entities, multi-billion Rand corporations and public entities.

Sunelle Eloff

MALATJI & CO 7

Bonang commenced her articles of clerkship in 2004 shortly after being conferred her LLB by the University of Pretoria. She was admitted as an attorney in 2006 and has since had a rapid upward mobility in her career. She has a certificate in competition law from the University of Pretoria which is her passionate specialist field in law.

Main features of Bonang’s practice include Public Law matters relating to advice and litigating arising from the interpretation of legislation and compliance in the Healthcare Industry, as well as Competition Law. Bonang also advises and litigates on all matters relating to corporate governance, procurement, PFMA obligations as well as general corporate and commercial matters in the Public Sector. She also has a keen interest in the regulatory aspects of merger and acquisition transactions.

She further advises on appropriate corporate structures, including B-BBEE legislative framework; the drafting of commercial agreements; due diligence investigations; and drafting opinions on a raft of legal topics.

Bonang Lorato Masia

MALATJI & CO8

Sayi Nindi studied at the University of Pretoria where she graduated with an LLB and an LLM. She was admitted as an attorney in 2009. She worked at the Legal Resources Centre – Constitutional Litigation Unit – where she specialised in private sector accountability litigation.

Sayi has experience in Public Law, Administrative Law, Commercial Law, Employment Law, Class (Group) Actions, Constitutional Law, Business & Human Rights Law, Land claims, and Housing and Evictions Litigation.

Sayi has advised different public entities, municipalities and government departments on appropriate procurement processes. She has also assisted with legal issues arising when tenders are evaluated and represented government where tender awards have been challenged. Moreover, she has advised on decisions that must be lawful, procedurally fair and reasonable. Sayi has also conducted judicial reviews of decisions made by the government and other organs of state.

Sayi has acted on behalf of communities and individuals who have challenged multinational corporations or multimillion-dollar projects over human rights violations. She has also acted as amicus curiae in a number of landmark cases.

She has presented at various international conferences and workshops, including making submissions at the United Nations Human Rights Council in Geneva, Switzerland, and the African Commission on Human and Peoples’ Rights in Banjul, Gambia. Sayi has given a lecture at the University of Pretoria’s Centre for Human Rights in Business and Human Rights.

Sayi Nindi

MALATJI & CO 9

Consultants

MALATJI & CO10

Osborne completed his B Proc and LLB degrees (6 years) at both University of Limpopo, Turfloop in 1993 and University of KwaZulu-Natal, Howard College in 1995. In 1996, Osborne joined Norton Rose Fulbright Attorneys, Durban as a candidate attorney. During his time at Norton Rose Fulbright Attorneys, he was exposed to various aspects of legal practice that included employment and labour law. That is when he developed an interest in labour law, and from then it became his area of specialization. He later joined Webber Wentzel in Johannesburg as an Associate and, upon establishing his own legal practice, he was immediately promoted to a Senior Associate position.

For the period between 2002 until 2010 Osborne left practice and was exposed to working in a corporate business environment where he worked for Henkel South Africa as a Human Resource Manager and Executive during which he was also a member of the company’s EXCO. Osborne was later transferred to Dubai, UAE to concentrate on the company’s Adhesive Technologies for MENA (Middle East North Africa) Region. During this period, he worked as Regional HR Key Account Executive Manager providing HR Professional support to all Adhesive Technology units doing business in the MENA region.

He rejoined legal practice in 2011 and has since then been practicing as an employment and labour law practitioner. He has acted for some of the major corporate companies as well as State Owned Entities (SoEs), both in various dispute resolution disputes, CCMA, Labour Court, High Court matters as well as dealing with trade union collective bargaining and restructuring matters.

Osborne Molatudi

MALATJI & CO 11

Molatelo completed his LLB from the University of South Africa in 2012. In 2016, Molatelo joined Gildenhuys Malatji Attorneys as a candidate attorney. During his time at Gildenhuys Malatji, he was exposed to general litigation where he was handling High Court and Magistrate Court litigations in personal injury matters (including RAF claims, medical negligence, unlawful arrests and malicious prosecution) and family law.

He also worked in the conveyancing and notarial practice department where he assisted both the private and public sector, including owners, landlords, investors, developers, as well as local, provincial and national government entities. He handled numerous matters relating to owning, leasing and selling land and commercial property, land development and construction. He drafted legal opinions on property law matters, drafted commercial agreements, ante-nuptial contracts, will and trust deeds. He also attended to the registration of servitudes and transfers.

Molatelo was exposed to public Law and commercial Litigation where he was litigating on various matters of public law including reviews, drafting legal opinions on administrative law matters predominantly contracts and procurement reviews and applications to compel. He also acquired exposure and experience on corporate and commercial law where he was providing advice on Companies Act and other legislation and drafting legal opinions on commercial matters (to corporate and individual clients), ante-nuptial contracts and other contracts, wills, trusts deeds. Attending to registering of trusts and providing legal advice on same.

He acquired exposure and experience on commercial litigation and Insurance law where he was preparing draft legal opinions on insurance matters especially repudiated claims, and petitioning the ombudsman for both long-term and short-term insurance on behalf of insured clients, and instituting claims against insurance companies.

Molatelo Daniel Mathikithela

MALATJI & CO12

Noteworthy Matters Handled By The Directors And Consultants

MALATJI & CO 13

NOTEWORTHY MATTERS HANDLED BY THE DIRECTORS

High Profile Matters

Tebogo has advised the then Minister of Finance, and now Minister of Public Enterprises, Honourable Pravin Gordhan, MP regarding the SARS special investigation unit and matters arising therefrom, including the investigation by the HAWKS. At the centre of the matter was interpretation of provisions of the SARS Act; Tax Administration Act as well as the Public Finance Management Act. He continues to advise the Minister on other enquiries related to the matter.

Tebogo who is supported by Bonang are advising the Minister of Economic Development in respect of competition law public interest conditions relating to a number of high profile transactions, the one valued in excess of USD 900 Million in the oil and gas industry and the other in the financial services industry in excess of ZAR 1 Billion.

Tebogo acted as the lead external legal advisor to Eskom SOC Ltd in a cross border due diligence legal investigation in relation to a potential investment in the Democratic Republic of Congo pertaining to the Construction of Grand Inga Hydro Electricity Plant. He was supported by Bonang in the transaction.

He advised the then Minister of Public Works, Honourable Thoko Didiza and the Council for Built Environment in regard to the revision of the Built Environment Professions Legislation. He also acted as the lead drafter for the Department of Public Works during the legislative process in Parliament as well at the Parliamentary Portfolio Committee hearings.

Tebogo and Bonang were a part of the team that advised the Department of Science & Technology on the formation of a Venture Capital Fund valued at ZAR 500 million.

Bonang assisted the Competition Commission in the prosecution of cartel conduct in the plastic pipes industry. She was also the primary attorney in the team assisting the Commission in two matters of abuse of dominance in the Telecommunications sector.

Tebogo and Sunelle assisted the Department of Higher Education and Training with a forensic investigation involving, amongst other issues, alleged procurement- and supply chain management irregularities at Construction Education and Training Authority.

Sayi successfully represented the City of Tshwane Metropolitan Municipality in an application to review the City’s decision to appoint PEU/TUMS as a service provider to install electricity meters and related services in the City. The application entailed setting aside the multi-billion rand contract entered between the City and PEU/TUMS.

MALATJI & CO14

Tebogo and Bonang have recently submitted written representations and later presented oral submissions before the Parliamentary Portfolio Committee on Economic Development at the public hearings held in Parliament on 28 and 29 August 2018 on the Competition Amendment Bill. They, together with Sayi are currently assisting the Department and Ministry with matters relating to implementation of the amendments and their impact on the Competition Authorities.

Constitutional law

We have extensive experience of providing advisory and litigation services in constitutional law matters.

Tebogo was part of the team of attorneys in the successful direct appeal to the Constitutional Court in relation to the 2011 local government elections, dealing with processes for the registration of candidates for local government elections. Moeti also acted as lead attorney in long running litigation between the IEC and Mr Lötter, which involved no less than 10 applications in the Electoral and Constitutional Courts, involving a dispute about the regularity of a by-election in the Vryheid local municipality. The dispute was founded on allegations of irregularities in the voters’ roll. This litigation was concluded in the IEC’s favour in May 2014.

Tebogo has acted for the newly established Information Regulator, established under the Protection of Personal Information Act, relating to the SASSA / Cash Paymaster Services (Pty) Ltd (“CPS”) Constitutional Court case. The Information Regulator’s role in the case related to the protection of personal information of grant recipients against abuse by financial service providers which included CPS. That judgment is reported sub nom Black Sash Trust v Minister of Social Development and Others [2017] ZACC 8.

Procurement Law

We have an extensive understanding of and practical experience with supply chain management law. We offer this expertise to the three spheres of government, constitutional institutions and private business alike.

A few examples of such services that we have recently offered on matters of national importance – which we set out below – should in our view suffice:

• Tebogo advised the Council for Scientific and Industrial Research (“CSIR”) on its procurement of service providers for envisaged extensions to the South African National Research Network (“SANReN”) national backbone network, a high-speed network dedicated to research traffic, research networking and broadband infrastructures, intended to eventually connect up to 204 sites across the country with research networks hosting over 3 000 research and education

MALATJI & CO 15

organizations from all over the world, as well as the High Performance Computing (“HPC”) facility that enables cutting-edge research;

• We have provided advise to the Gauteng Gambling Board (GGB) on a variety of matters relating to PFMA; National Treasury and Gauteng Provincial Treasury prescripts. The matters include the revision of the GGB’s SCM policy and delegation of authority framework to ensure that the instruments are in line with the latest legal prescripts. We have further advised the GGB on two major procurement processes, including appeals lodged by unsuccessful bidders in terms of the Open Tender Framework published by the Provincial Treasury.

• Notably, Tebogo and Bonang also acted as attorneys for the National Lotteries Commission (“NLC”) in the evaluation and adjudication of the tender process and the subsequent extensive litigation consequent upon the award of the Third Lottery Licence, worth ZAR 85 billion at the instance of Gidani, the unsuccessful bidder that had been the previous holder of the licence. This litigation was finally concluded in favour of the NLC and the Minister of Trade and Industry. We also assisted the NLC with negotiating and drafting the Third Lottery Licence with the successful bidder. We continue to advice the NLC on matters relating to the Licence.

• Notably, Tebogo and Bonang acted as attorneys for the National Lotteries Commission (“NLC”) in the evaluation and adjudication of the tender process and the subsequent extensive litigation consequent upon the award of the Third Lottery Licence, worth ZAR 85 billion at the instance of Gidani, the unsuccessful bidder that had been the previous holder of the licence. This litigation was finally concluded in favour of the NLC and the Minister of Trade and Industry. We also assisted the NLC with negotiating and drafting the Third Lottery Licence with the successful bidder. We continue to advice the NLC on matters relating to the Licence.

• Tebogo assisted by Bonang advised the Government Printing Works (“GPW”) on its procurement project aimed at replacing green bar-coded identity books with smartcard IDs. This included a review of the GPW’s procurement process to appoint manufacturers and/or supplies to supply it with blank contactless cards, delivered ready for personalisation by laser engraving technology (awarded at a price of €16 470 000, 00), and a format card personalisation and mailing solution (awarded at a price of ZAR 44 118 866, 00).

Specialised Commercial Litigation

Our achievements in litigation are too many to mention. Between Tebogo, Moeti and Bonang, we have acted on behalf of several public bodies in defence of claims instituted by various parties purportedly for breach of agreements with such public bodies.

MALATJI & CO16

We have also acted on behalf of a number of corporate bodies initiating or defending claims of a commercial nature including utilising insolvency litigation, section 417 enquires as a means for recovering debt.

Sunelle has represented the South African Reserve Bank in the liquidation of various entities and recovery of funds in the TVI travel voucher pyramid scheme where an estimated R2 billion was fraudulently solicited from the public.

Sunelle was also involved in an enrichment claim where the Supreme Court of Appeal eventually changed the common law requirements of the condictio indebiti. This matter is currently pending before the Constitutional Court and if the SCA judgment is upheld, it will alter the centuries old Roman Dutch common law requirements for proving an enrichment claim.

She has also successfully obtained judgment in favour of Bonitas Medical Scheme from Louis Pasteur Hospital Holdings relating to the cession of insurance policies in securitatim debiti. Sunelle is also representing a property development and management company in a R1.2 billion dispute with a pension fund investor.

Employment law

Tebogo has acted on behalf of various Ministers and Boards of Public Entities in relation to disciplinary proceedings and mutual separation agreements relating to Chief Executive Officers and Chief Financial Officers of said entities. He has also advised on several restructurings both in relation to public and corporate entities.

A team consisting of Tebogo, Bonang and Sayi assisted the CSIR in an investigation commissioned by the Minister of Science and Technology relating to various employment law practices, including an alleged protected disclosure in terms of the Protected Disclosure Act at the CSIR.

In relation to the Services SETA, Tebogo and team conducted an extensive investigation into a grievance lodged by a Trade Union. He has also acted as a chairperson on several grievance hearings at the South African Reserve Bank in relation to high ranking officials of the Bank. He has also advised the Office of the Premier of Gauteng and investigated as well as reported on a grievance against one of the heads of the Gauteng Departments.

Tebogo often acts as lead attorney and provides strategic input on several employment related matters in the ordinary course of employment law litigation in the CCMA and Labour Court. He has also advised on high impact matters such as a labour broker dispute and its impact on SANRAL’s operations nationwide.

MALATJI & CO 17

Osborne acted for the Airports Company South Africa (ACSA) with a matter wherein the Economic Freedom Party (EFF) launched a High Court application challenging the Transport Minister’s appointment of certain board members to ACSA.

Osborne acted for FoodBev SETA where he successfully opposed NEHAWU’s attempt to stop a retrenchment process on an urgent basis, followed by a punitive cost order against the union.

Osborne acted for Swissport in various interdict applications against NTM for participation in unlawful strikes by its members, all 6 of the applications were granted with cost order.

Property Law

Molatelo was responsible for registration of servitudes pertaining to the Rea Vaya Bus Rapid Transit (BRT) project of the City of Johannesburg Metropolitan Municipality. He was responsible for registration of the servitudes in favour of the City in order to facilitate for the building and construction of the bus routes, stations and bus depots. He was also responsible for assisting the Johannesburg Development Agency who were responsible for the management of the project in drafting contracts for acquiring land from property owners, which land he would be responsible for the transfer thereof to the City. Moreover, Molatelo was also responsible for initiating expropriation of private land so required for purposes of the BRT project where cooperation from land owners was not forthcoming.

Molatelo also managed the South African National Roads Agency Limited (SANRAL) account, in his previous employment, assisting the parastatal in acquiring land that was required by the Agency for purposes of public roads-construction. The land so acquired by SANRAL would be transferred to it. Part of Molatelo’s responsibilities was also to assist SANRAL in expropriating land required for public purposes and register such expropriation transfers and other servitudes in favour of SANRAL. In circumstances where SANRAL disposed property rights, he would register such transfers in favour of the purchasers.

Molatelo also assisted Mpumalanga Economic Growth Agency (MEGA) with regularisation of the Agency’s title on some of its immovable properties that were spread across the Mpumalanga province. He assisted them in drafting various legal opinions advising on those complex transactions including consolidations, subdivisions and registration of long-term leases over such properties - most of which were on communal lands. He advised them including on how to obtain the requisite consents from the relevant authorities.

Molatelo assisted the Gauteng Department of Housing/COGHTA and in registering the low cost housings and issuing Title Deeds for several township in the province including Daveyton in the East Rand, Garankuwa and Mabopane in Tshwane.

MALATJI & CO18

MALATJI & CO 19

EXPERTISE

At Malatji & Co we offer a multi-disciplinary variety of legal expertise. Our expertise ranges from Public Law; Healthcare Law; Corporate and Commercial matters; Competition Law; Procurement Law; Financial Services; Insurance Law; Pension Funds as well as Insolvency Law matters.

Our fields of expertise are as follows:

Tebogo Malatji with 25 years practice experience. He practices in the following fields:

• Alternative Dispute Resolution;

• Administrative Law;

• Commercial Litigation

• Competition Law

• Compliance and Corporate Governance

• Corporate Law

• Employment Law

• Exchange Control Regulation

• Financial Services Regulatory Law

• Forensic Investigations

• Healthcare Law

• Legislative Drafting

• PFMA and Treasury Regulations

• Public Procurement law

• Public Private Partnerships

• Public Law.

MALATJI & CO20

Sunelle Eloff with 18 years practice experience. She practices in the following fields:

• Alternative Dispute Resolution

• Business Rescue and Insolvency Law

• Building and Construction Law

• Commercial Litigation

• Financial Services and Pension Fund Compliance

• Forensic investigations

• Insurance Litigation

• Medical Schemes Regulatory Compliance

• Professional Liability claims

• Statutory inspections.

Bonang Lorato Masia has 15 years practice experience. She practices in the following areas:

• Alternative Dispute Resolution

• Competition Law

• Commercial Litigation

• Compliance and Corporate Governance

• Corporate Law

• Forensic Investigations

• Healthcare Law with special focus on Medical Schemes

• Municipal Law and By-Laws

• Public Law

• Public Procurement Law

MALATJI & CO 21

Sayi Nindi has 13 years of practice experience. She practices in the following areas:

• Alternative Dispute Resolution

• Business Rescue and Insolvency Law

• Building and Construction Law

• Commercial Litigation

• Financial Services and Pension Fund Compliance

• Forensic investigations

• Insurance Litigation

• Medical Schemes Regulatory Compliance

• Professional Liability claims

• Statutory inspections

Osborne Molatudi has 23 years practice experience. He practices in the following fields:

• Employment and Labour Law

• Corporate Litigation

• Collective Bargaining and Trade Union law

• Strikes and Interdict law

• Design and review of Company policies and procedures

• Individual Dismissal law, unfair labour practices and the consequent dispute resolution processes

• Employment Equity and Discrimination law

• Initiation and Chairing of Company internal hearings

• Restructuring, Transfer of Business Undertakings and Due Diligence

MALATJI & CO22

• Design and review of employment contracts, both general and at executive level

• Confidentiality and Restraint of Trade in the workplace

• Investigative forensic work with employment law implications

• Consultancy work, seminar and conference presentations.

Molatelo Mathikitela has 3 years practice experience. He practices in the following fields:

• Property Law

• Conveyancing, including Transfers and Bond Registrations

• Advice on Property related transactions

• General Notarial advice

• Trusts

• Notarial Bonds

• Township Establishment

MALATJI & CO 23

Corporate Social Responsibility

We firmly believe in supporting development initiatives which as their core focus, address the socio-economic needs of our communities.

In this regard, our lawyers render pro-bono services to clients on a raft of legal matters, at no cost to the clients.

Notably, Tebogo is currently serving as a Government representative trustee of the Tirisano Trust Fund, at no cost. The Trust was established as a result of a repatriation agreement concluded between the Government of the Republic of South Africa, and some of the higher graded construction firms. The objectives of the Trust are to inter alia develop and enhance the construction industry, and in particular, the transformation objectives and promotion of social infrastructure for all South Africans. All trust monies are applied only to initiatives, projects and programmes that are designed to advance those objectives.

MALATJI & CO24

We believe that we are a well-suited team which is passionate about offering you legal services that would be focused on your requirements. Our association with you as a client will give impetus to our vision of creating new momentum in transforming the legal profession. Our value proposition is that we will render cost effective and superior legal services to you in various fields of law. We have a flexible approach to fee arrangements and allocation of resources to client matters as we believe that not all courses are suitable for all horses. Given the depth of expertise available, we are able to allocate the right horse for the right course. Client matters are therefore allocated to the appropriate director and supporting resources at the most cost-effective level.

Our Firm is tax and BEE compliant and practices on a strict no conflict of interest basis.

We look forward to being of service to you with a view to enhancing your business imperatives, including regulatory and legislative compliance.