THATO THOBAKGALE

FOUNDER AND DIRECTOR

About:
I am a commercial attorney who is passionate about the significant contribution that individuals and organisations make to the growth and development of the South African economy. I pride myself in assisting my clients to continue contributing to the economy by protecting their commercial and business interests through preventative measures (such as making sure that contracts are drafted properly from the outset) and, where necessary, by way of litigation, arbitration or mediation. Outside work, you will probably find me playing a round of golf, a game of indoor soccer or out for a road/urban trail run.

Career:

  • Articles of Clerkship - Cliffe Dekker Hofmeyr Incorporated
  • Associate - Cliffe Dekker Hofmeyr Incorporated
  • Secondee - Barclays Africa Group
  • Legal Counsel - Samsung        

Experience:

  • Drafting a wide range of commercial agreements such as Memoranda of Incorporation, Shareholder Agreements; Trust Agreements; Pledge and Cession Agreements; Loan Agreements and Profit Share Agreements;
  • Drafting a wide range of commercial agreements in the ITC sector including but not limited to Service Level Agreements; Software License Agreements; Software Development Agreements; Support and Maintenance Agreements;
  • Company secretarial work including lodging of relevant company documentation to the CIPC;
  • Conducting of due diligence investigations;
  • Drafting numerous director and shareholder resolutions;
  • Formation of Trusts;
  • Instituting arbitrations and/or litigious actions and applications on behalf of corporates in the petrochemical, media and steel industries;
  • Drafting pleadings, notices and other requisite legal documents in the High Court and Magistrates Court. 

Education:

  • Bcom LLB (University of Johannesburg)
  • LLM (Commercial Law) (University of Cape Town)   

Memberships:

  • The Law Society of the Northern Provinces
  • The Black Lawyers Association     
 

 
 
Khaya Mantengu
 

KHAYA MANTENGU   

Consultant

About:

I am the founder and director of KM Consulting, a black-owned legal consulting firm specializing in construction and engineering legal services. We assist our clients in the preparation of procurement documents, advise during the evaluation and appointments and the disputes that arise from their projects.

Career:

  • Articles of clerkship - Cliffe Dekker Hofmeyr Incorporated
  • Associate - Cliffe Dekker Hofmeyr Incorporated
  • Associate and Senior Associate - ENS Africa
  • Independent Legal Counsultant 

Experience:

  • Advising a Chinese contractor in respect of the FIDC Red Book contract concluded with the Mauritian government for the construction of the Dam in Bagatelle;
  • Advising a South African cement company in the construction of a cement plant in Rwanda based on the FIDIC Silver Book;
  • Advising a Canadian mining house on the construction of a diamond mine in Botswana based on the FIDIC Silver Book;
  • Advising a South African renewable energy company in respect of phase 1 and then phase 2 of the Renewable Energy Independent Power Procurement Programme in respect of the EPC (some based on the FIDIC Silver Book and other bespoke EPC contracts) and the operation and maintenance ("O&M") contract;
  • Advising the national power utility on the procurement methodology (based on the FIDIC Silver Book) of a contractor to carry out works related to the replacement of a boiler at Duvha power station;
  • Advising a BEE Investment Group regarding the preparation of a construction contract (based on the JBCC) for the construction of student accommodation in Johannesburg;
  • Advising an implementing agent of the department of basic education in the preparation of professional consultancy agreements based on the NEC3, CIDB and PROCSA. 

Education:

  • LLB (University of KwaZulu Natal) 

Memberships:

  • The Law Society of Northern Provinces