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- David White – Caring, sharing and encouraging. A message from Moses Tembe
Moses Tembe and I first met each other many years ago. At our initial meeting we instantly formed a bond of interest, cooperation, and respect. I saw clearly at the time, and today continue to see Moses as a highly capable and competent business leader, driven by purpose and integrity. Our recent reconnection and fine dining experience at the Tembe home in Umdloti was magnificent in many ways. Above all, the food was exceptional, and the conversation riveting. We quickly learned that our paths had in fact crossed many years prior to the point we had considered was our initial meeting. At that time, we were both in our mid to late 20s, and Moses had facilitated a loan from his position in the KwaZulu-Natal Finance and Investment Corporation (KFC) to Shell SA, where I was a staff member supporting setting up Umnini Ultra City on the South Coast of KwaZulu-Natal. We knew the same people who owned and managed the Shell Ultra City business, and this recognition and common linkage instantly created a warm foundation for openness and sharing of challenges, expectations and opportunities in our paths. Moses is a highly experienced, resourceful, connected, and business minded KwaZulu-Natal industrialist. He has a long and successful track record in business, and is regarded by his peers in commerce, and the business community at large, as a smart, ethical, and effective leader. Moses is a true to life example of someone authentic, and able to give confidence to us that good and clean business principles and best business practices are both profitable and contain that critical aspect of sustainability, which attracts ongoing interest and new opportunity. Interestingly, Moses’s business mindedness came from his parents who were pastors in the community. Moses’s parents taught their children, family and greater community that the Life within each of us is more real than our physical presence indicates. And if we follow the true voice within, waiting patiently to express itself from within our hearts outwardly, through our thoughts, words, and actions, we create a sustainable environment around us, with health in each of the areas in our lives where we have needs and interests. It is interesting that Moses’s path to business and financial success was through the Life lessons taught to him and his siblings by his pastor parents. Normally we would consider that commercial success comes from experience, networks, influence, and applying business minded principles in the marketplace. Moses clarified that yes indeed understanding how business works and is sustained is important in ensuring ongoing success. However, norms and values are critical in reasoning right from wrong, and ensuring that we act with integrity, and transmute negative emotions, images, thoughts and beliefs into constructive channels. So, they are not able to adversely flavour the space we hold in regard to our intentions and desired outcomes. Moses continued by sharing that it is easy for people to feel doubt and fear that our work and purpose will return little value, but if our minds remain free and do not become clogged by materially minded disturbances, they are left open to focus on receiving inspiration and uncovering advantages to ensure ongoing success and sustainability. Moses said, “It is reasoning that gives us the ability to consider alternatives to better define our brand’s unique offer and best step forward.” I was delighted to listen to these wise words Moses was sharing and felt honoured I was able to gain so much understanding about Life and creativity in the short period of time. I considered too that certainly I was also receiving the wisdom that Moses’s parents had taught him as a child and young man living in the townships of Lamontville and Umlazi. Many spiritual truths are difficult to convey accurately in words, and Moses knew this well. We soon started speaking about considerations in driving a Ferrari, where the engine and steering wheel are essential components to move the car forward, but the driver must reason the appropriate speed and direction to be taken. The driver can be influenced by ego to drive faster, take sharper corners, and risk not reaching the destination successfully. Imagine also, a Ferrari engine without adequate and controlled steering. This can be likened to our emotions not being guided by the power of our ability to reason, resulting in a potluck outcome. A reasoning mind overcomes all situations and gives us the ability to grow confidence in that voice within us being able and ready to guide and encourage positive and appropriate creations through our thoughts, words and actions. Business is just the same. If we do not reason through our intellect (and that clear voice within), our actions which should lead to greater value to self and community, will be influenced by the emotion of arrogance and foolishness of ignorance. We will create conditions where it becomes unlikely for us to reach our desired objectives. Another amazing simile we discussed was that water within a bottle remains the same colour no matter whether the colour of bottle is green or brown. This example feeds the soul, especially in a South African context, where we as citizens need to note and feel that common unity that binds us internally, and from this point create a society where all feel happy and harmonious and share the same values and attraction to our country, homes, and individual purpose. Much unnecessary pain is inflicted by us onto our brothers and sisters. This uncomfortable existence for many can be healed instantly through reasoning what is right and wrong, and applying our God given ability to love and care for each other. Moses, through his confidence in sharing his message, helped to make this normally complex discussion simple, and I left our lunch meeting feeling both satisfied mentally and filled with new hope and expectation. For days after our lunch my mind kept going back to our discussion, and Moses’s voice saying, “David, it is simple. It is our heart consciousness, that true voice within, that is continually encouraging us to move forward in our decision making. With love for our father God and neighbours guiding our minds to create actions and habits in doing things for one another, as caring, sharing, and encouraging brothers and sisters of the one creator”. The words “caring, sharing and encouraging” for one another now mean much more to me than before. Caring, sharing and encouraging provides all the direction and guidance we need to consider in defining our life’s purpose and ensuring our successful and fulfilling living in South Africa. It draws us close to reasoning what are right and wrong thoughts, decisions, and actions, and to better hear the guiding voice within our heart consciousness. I will not forget this wonderful lunch and afternoon with Moses, and our incredibly deep and simple conversations. Thank you, Moses, for your caring, sharing, and encouraging. This knowledge you have gained through your parents and life experiences is as valuable to everyone as it is to you and me. We have heard it before, and know well that ethics, effective leadership and an engaged organisational culture are the single most important aspects in creating an organisational foundation from which we can build successful and sustainable businesses, and to ensure an exceptional personal existence for ourselves and the communities around us. DRG, and DRG Siyaya Contact David White, T: +27 (0)31 767 0625 E: david@drg.co.za W: www.drg.co.za
- Can a restraint of trade clause be enforced during a pandemic?-Wade Ogilvie & Adrian Krige
Many companies have limped their way through lockdown and have survived by cutting costs, predominantly through retrenching employees, and developing innovative business strategies to align with a changed market. The net result: companies have let go employees who have the know-how to commercially cripple their businesses by either competing with them, or “stealing” their clients. Companies are now desperately seeking to protect their proprietary interests to curtail this undesired effect. The mechanism to do so is a restraint of trade clause in the employment contract. In order to enforce a restraint of trade, the company would generally endeavour to first obtain an undertaking from the employee that the employee will abide by the restraint. Should the employee refuse, court proceedings would need to be instituted, usually on an urgent basis. The question, however, is whether a restraint of trade can be enforced during a pandemic? Principles Restraint of trade clauses generally have two aspects: a noncompete clause, which prohibits the employee from having an interest in or being employed by a competitor, and a non-solicitation clause, preventing an employee from taking clients away from the employer. Whether a restraint of trade clause is enforceable depends on several factors. Firstly, the employer must have a proprietary interest worth protecting. These interests include trade secrets, know-how and their client base. The proprietary interest to be protected must be weighed up against the limitation placed on the employee’s freedom to trade, in other words, the employee’s right to earn a living using the skills and expertise of their profession or occupation. In the case of Magna Alloys and Research (SA) (Pty) Ltd v Ellis 1984 (4) SA 874 (A), the Court confirmed that a restraint of trade clause is enforceable until proven otherwise – reinforcing our common law principle that all South Africans are free to contract as they see fit. The onus is therefore on the restrained employee to prove that the restraint of trade clause is not only unreasonable, but contrary to public policy. In making a determination on whether a restraint is unreasonable and against public policy, the Court will consider various factors including the duration of the restraint, the area in which the employee is restrained from operating and whether the employee is able to earn a living. Importantly, the Court held in the Magna case that it will look at all the facts and circumstances that are prevalent at the time the restraint is sought to be enforced, and not only the commercial climate in which the contact was originally concluded. The Court acknowledged that the circumstances may be drastically different from those that were relevant when the contract was concluded. The Current Circumstances: COVID-19 According to Stats SA, the South African economy shed 2.2 million jobs in the second quarter of 2020 – the largest quarter to quarter decline since the survey started in 2008. To state the obvious, the pandemic has clearly had a negative impact. Judges will be cognisant of the shift in the economy and will be loath to enforce restraint of trade clauses in circumstances where an employee, due to COVID-19, has been retrenched but is being prevented from putting bread on the table due a restraint of trade. So how do companies protect their proprietary interests in these trying times? A pragmatic approach to restraint of trade clauses Companies should consider constraining their restraint of trade clauses to protect only those proprietary interests which are essential to the success of the business. It would, in the writer’s view, be difficult for a Court to declare a restraint of trade unenforceable in circumstances where it protects those proprietary interests without which the business would collapse and potentially more jobs would be lost. As a restraint of trade can only be enforced when there is an agreement in place, the most pertinent time to obtain the restraint is when the employee first concludes the employment contract, alternatively, when an employee is promoted as the offer of promotion will be on new terms and conditions between the parties. In the current economic climate, it is advisable to review all restraint clauses to align them with the principles set out in the Magna case, including tailoring them such that they are considered to be reasonable and not against public policy. Please contact us should you require assistance or advice for your Corporate & Natural Resources matters. Contact us on: Wayne Ogilvie T: +27 (0)31 536 8527 E: wogilvie@coxyeats.co.za Adrian Krige T: : +27 (0)31 536 8567 E: akrige@coxyeats.co.za #coxyeats #KZNbusinesssense
- Corporate & Natural Resources team, Cox Yeats
The Corporate and Natural Resources team comprises a commercial team of lawyers that is optimal for its specialisation in the merger, acquisition, amalgamation and restructuring space. Managing Partner, Michael Jackson, heads this team of four partners, an associate and three candidate attorneys. “Together we tackle head on the core issues of efficiency, trust, culture and consistency with a view to creating a truly collaborative team of lawyers working together, to best serve our clients’ needs,” says Jackson. Client relationships are viewed as long term commitments, with the preferred approach being building relationships and rapport. This approach allows clients to be confident with the team’s legal grounding and ability to offer pragmatic commercial solutions. The team also offers expertise in: · Corporate Finance · Corporate Advisory · Competition Law · Empowerment and Transformation · Natural Resources and Energy · Dispute Resolution The team has a particular focus on the mining, sugar, banking, manufacturing, agribusiness, telecommunications, logistics, recycling and timber sectors. Contact us on: T: +27 (0)31 536 8500 W: www.coxyeats.co.za #coxyeats #KZNbusinesssense
- Dynamic and innovative law firm welcomes new professionals, Cox Yeats
The year 2020 was difficult and challenging for all industries, yet despite that, we all need to ensure that our clients still receive the best possible service. Cox Yeats firmly believes that growth in people and expertise is paramount to excellent client service. In addition, the law firm has a clear and compelling purpose, “To make a positive difference in this world through consistently being the most dynamic and innovative law firm that offers highly personalised expertise.” Consequently, Cox Yeats is proud to welcome some new associates and candidate legal practitioners to its teams in 2021. MEGAN BAKER Megan Baker has joined Cox Yeats as an Associate, in the Insolvency and Business Rescue Team. Megan initially graduated with a Bachelor of Arts in English and Communication Science in 2007 from UNISA. She then went on to obtain her Bachelor of Laws in 2016. Megan was admitted as an Attorney in 2019 having completed her articles of clerkship at a Durban-based firm. She then practiced as an Associate at another Durban law firm before joining Cox Yeats. SAVANNAH BUYS Savannah Buys has joined Cox Yeats as part of the Corporate & Natural Resources Team, where she will be serving her articles. Savannah obtained her B.A. Law from the University of Stellenbosch in 2017. She then completed her LL.B, graduating in 2020. As part of a semester exchange programme organised by the universities, Savannah completed the final semester of her studies at the University of Antwerp, Belgium. During her time of study at university, Savannah was a member of the Golden Key Honours Society in 2015. TARYN GOVENDER Taryn Govender has joined Cox Yeats as a Candidate Legal Practitioner, and will serve her articles in the Construction 2 Team. Taryn has an LLB degree from UCT. During her time at UCT, she served as a member of the SLSJ (Students for Law and Social Justice). In 2017 she co-created an SLSJ funded mentorship programme aimed at empowering female high school students in Khayeltisha. Taryn also interned at the UCT Legal Aid Clinic in 2018. BRANDON VAN ZYL Brandon van Zyl has joined Cox Yeats as a Candidate Legal Practitioner, where he is serving his articles as a member of the Construction, Engineering and Infrastructure Team. Brandon graduated from University of Pretoria (TUKS) with a Bachelor of Science (majoring in Genetics) (2014), and then from the University of Cape Town with both a Bachelor of Commerce (majoring in Financial Accounting with Law) (2018) and his LL.B degree (2020). During his time at UCT, Brandon was welcomed into the Golden Key International society, was elected to the leadership of the Chamber of Legal Students (UCT Branch) which specialises in pro bono student representation at disciplinary tribunals, and participated in the law school’s mentorship programme. KIYURA NAIDOO Kiyura Naidoo has joined Cox Yeats as a Candidate Legal Practitioner, and will serve her articles in the Maritime Team. Kiyura was born and raised in Durban by a family who placed an immense amount of value on education. She matriculated in 2013 from Durban Girl’s High School with 7 distinctions and went on to earn her LL.B degree cum laude from the University of KwaZulu Natal in 2018. Kiyura is currently pursuing her LL.M in Business Law. RHULANI MAHANGE Rhulani Mahange has joined Cox Yeats as a Candidate Legal Practitioner, in the Johannesburg office as part the Insolvency and Business Rescue Team. Rhulani was born and raised in a village called Elim in Limpopo. She completed a Bachelor of Arts (law and philosophy) degree and a Bachelor of Laws degree from the University of the Witwatersrand. AMANDA KHUZWAYO Amanda Khuzwayo has joined Cox Yeats as a Candidate Legal Practitioner, and will serve her articles as part of the Insolvency and Business Rescue Team. Amanda graduated with an LL.B. from the University of the Free State, through Varsity College, Durban. She initially started studying medicine at the University of Cape Town in 2013, however then changed plans after two years to pursue a career in law, as this is what she is truly passionate about. During the course of her law studies, she was awarded multiple academic bursaries, including a bursary from the Attorneys Fidelity Fund in 2017. Amanda also participated in and won the Varsity College Moot Court competition for KZN and was awarded Best Speaker in 2016. For the duration of her law studies, Amanda was an academic tutor, student representative and a member of Students for Law and Social Justice (SLSJ). In addition to being amongst the top students in her class, Amanda was invited to join the Golden Key Honour Society. MEGAN HINDE Megan Hinde has joined Cox Yeats as a Candidate Legal Practitioner, and is serving her articles as part of the Insurance & Construction Team in the Johannesburg office. Megan was born and raised in Zimbabwe, then moved to South Africa to study. She obtained her LL.B from the University of Cape Town in 2018. Megan then went on to do her Master of Science in International Development, where she graduated in 2020 with distinction. During her time at university, Megan was Head Student of her Residence House Committee (2015-2016), a member of Student Parliament and the Residence Committee. She received a Dean’s Merit List Award in her final year of law. Contact us on: T: +27 (0)31 536 8500 W: www.coxyeats.co.za
- New leadership for Cox Yeats
AFTER A DECADE of steering the firm through a successful period of continuous growth, Michael Jackson has confidently handed over the wheel. Jackson joined Cox Yeats as a candidate attorney in January 1988. His early career, he says, was based on a lot of hard work and some luck. In addition, Jackson said that he was fortunate to work with some good people. “I was privileged to work closely with Graham Cox (who at that time was undoubtedly the best lawyer in Durban) and with Jeremy Yeats.” A highlight of his career was making partner in 1990, after only one year out of articles. From the outset, Jackson said that he was exposed to large clients and important matters. A big opportunity arose when Jeremy Yeats fell ill, and Jackson took over the work that he handled for Richards Bay Minerals and Tongaat Hulett on land, the environment, and minerals. It was through this exposure that he then specialised in natural resource law, which was something that Jackson he had not considered at university, where he had focused on tax, finance and corporate law. He was appointed managing partner in 2011. Jackson commented, “For some time, I have indicated that I would be resigning as managing partner during the first part of this financial year. I have always set ten years as the limit and the ten years is up in June. I have achieved all that I sought to do in this role and it is now time for new ideas, fresh energy and a new vision.” As such, Cox Yeats is delighted to advise that Andrew Clark has agreed to accept the appointment as the firm’s new managing partner. “Importantly, he has the unanimous support of all the partners. I am confident that, under his leadership, the firm will continue to grow and prosper,” says Jackson who will still be on hand to provide foundational support. “I intend working, health permitting, for many years to come. I will provide Andrew with whatever support is required, during this transition period, and will continue to be involved in firm finances. I look forward to new and different challenges going forward.” Commenting on his appointment, Andrew Clark said, “I am very excited about the new challenge of being the firm’s managing partner. I am fortunate enough to be surrounded by a fantastic group of partners, all of whom are excellent lawyers in their own right, and a core group of senior partners who will continue to play an important role in both the management and strategic direction of the firm going forward. Our intention is to take the firm from strength to strength.” Clark added, “Michael’s role in guiding the firm over this period and remaining one of the best commercial attorneys in the country cannot be underestimated.” Over the ten years of Jackson’s leadership, Cox Yeats has constantly been rated one of South Africa’s top law firms in the annual PMR.africa national survey. In 2020, despite the difficulties faced in responding to Covid-19 the firm was awarded a Diamond Arrow Award, for the fourth consecutive year, as the top-rated law firm in South Africa in the Medium-Sized Law Firms category. The firm was also awarded a Diamond Arrow Award in the PMR.africa provincial survey as the top law firm in the province by corporate business. Cox Yeats is honoured and humbled to have received this award, and believes it owes this recognition to its clients and the commitment of its professionals and support staff. The firm is proud of the fact that it continues to attract and retain the top talents as they enter the profession. January 2021 brought about the appointment of eight new professionals. This steady growth in skills and expertise is necessary to provide clients with the level of services needed. Being part of a firm where every individual is encouraged to reach their potential is one of Cox Yeats’ most appealing offerings. It is therefore unsurprising that ten of the firm’s senior attorneys were ranked by the legal publication Best Lawyers as leaders in their fields, which is a compelling indication of the high calibre of legal professionals who are part of this growing firm. The principles of hard work and commitment – coupled with young and energetic attorneys who pride themselves on their individuality, innovation and competitiveness; characteristics that are tempered by the experience of long-standing professionals – will enable Cox Yeats to embrace our fastchanging and challenging world with enthusiasm and excellence, and give its clients the best possible legal advantage. Cox Yeats has a clear and compelling purpose: “To make a positive difference in this world through consistently being the most dynamic and innovative law firm that offers highly personalised expertise.” This purpose is apparent in the firm’s response to the Covid 19 pandemic. Cox Yeats has continued to protect and care for its people – its greatest assets – while providing a seamless service to clients. During 2020 and now in 2021 the firm has been working remotely, with its professionals on call when required. The firm is determined to remain agile in the face of adversity to ensure it continues to deliver a personalised and expert service to its clients. For more information, visit www.coxyeats.co.za
- Andrew Clark – New managing partner for law firm
Andrew Clark is the newly appointed managing partner of Cox Yeats Attorneys, based in uMhlanga Ridge, KwaZulu-Natal and which recently opened a Johannesburg branch in Sandton. He is also the head of the maritime, international trade and insurance law team within the firm. Clark matriculated in 1989 from Westville Boys High School. “I had some thoughts about becoming a lawyer at that point of time but didn’t know what it all entailed so I decided to do a BCom degree and see how things went.” During the course of the BCom degree, Clark studied several law subjects in addition to commercial subjects and ultimately moved into law. He then completed articles with Adams and Adams, which is a well-known intellectual property firm. Clark worked in the maritime team in the Durban office and became a partner of the firm in 1999. In 2006 he joined Cox Yeats as partner where he continues to practice maritime and international trade law work, including marine and commercial insurance law. “During my articles I became very interested in maritime law – it is obviously very commercial, with a lot of foreign clients, and the international flavour became part of the passion for this area of the law,” he explained. His interest in insurance law arose out of his involvement in the maritime and logistics sector. Cargo that moves by land, sea or air is insured as are the various parties involved in the contractual supply and logistics chain, including the carriers. “The real challenge that we as attorneys face today is with technological advancement,” says Clark. “We strive to meet our clients’ expectations and needs, which in effect are now on a 24/ 7 basis. You are constantly available to your clients whether it be on WhatsApp, email, or other forms of electronic communication. The effect of that is that the law practice has become much more fast paced and the volumes and scale of work that a practitioner faces these days far outpaces anything that was done ten or fifteen years ago. The busy practitioners tend to be getting their work out quickly and tend to be good at what they do but that leads to more work and so one faces the challenge of balancing your own interests and what you can actually do within a day versus your clients’ expectations.” Consequently, explained Clark, these challenges mean that one has to work very hard in the field of law to achieve success. However, he added that one does need a level of work life balance in order to obtain longevity in the career and to avoid burnout. In reflecting on his recent appointment, Clark commented that he is a people’s person. “I feed on people around me within teams. So, part of my success has been in growing teams of lawyers around me.” He added that the skills relevant to be a leader include the need to be able to communicate well with people. “One needs to be a good listener and understand what people around you are saying.” Of his leadership style he says that his preference is to lead in more of a light touch way. “I am dealing with people around me who are all professionals, who are skilled at their craft and who don’t require a great deal of human management. I think that it is important to lead by example and to understand what the concerns of partners and professionals are. As a leader one needs to make decisions and sometimes those decisions may not be popular, but they have to be made in the greater interest of the firm and the collective. Fortunately, I have the support of the senior professionals around me and my approach to decision making is generally one of a collective nature.” Clark has set firm goals for his own practice and that of the firm. “In terms of my own practice as a team leader, I would like my practice to continue working in the way that it is now over the coming years and to grow and become more dominant in the space that we are in.” His goal for the firm is to continue to move Cox Yeats forward in a positive direction and to fulfil the goals and strategic plans that the partners of the firm have agreed upon. “So that over the coming years the firm continues to grow from strength to strength and continues to do what it has done for a number of years now, which is to punch above its weight and ultimately meet the desired goals, ambitions, and strategy of the collective partnership,” he explained. Clark commented that he is not necessarily inspired by any particular individuals, with the exception of his family, who he says, he draws a great amount of inspiration from. However, he explained that he is in awe of people who struggle to overcome adversity and just make it through their lives on a daily basis. “When I look at people who are successful it is often about how they have reacted to failure or reacted to adversity and overcome that. Even if it is just in their daily lives such as getting to and from a work environment, or in feeding their family. To me there is a lot of inspiration around us that one can see. It does humble one and bring one down to earth.” In giving advice to young professionals Clark says that it would depend on the stage of the career path that they are in. “I would strongly recommend to law students that they get some practical training. Take the time out to do vacation work to learn what it is practically like to be within a law firm working environment. If you pursue your passion, you will be able to get up in the morning and be happy with what you do every day, and it won’t seem like work.” #coxyeats #KZNbusinesssense #kzntopbusiness
- Cox Yeats celebrates multiple nominations on Best Lawyers’® List
Cox Yeats Attorneys are proud to announce that 14 of their partners have been recognised in the 13th Edition of Best Lawyers® in South Africa. This is the largest of their number ever to have been included in the prestigious annual list. The publication is considered to be the oldest and most respected peer-review title in the legal profession, and a listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honour conferred on a lawyer by his or her peers. Recognised for the first time, five partners from the Durban office secured spots – Peter Barnard - Construction Law; Lazelle Paola - Real Estate Law; Thys Scheepers - Insolvency and Reorganization Law and David Vlcek - Construction Law. Gareth Cremen, specialising in Insolvency and Reorganization Law, from the Johannesburg practice, also had his first showing on the respected list. Repeat recipients for 2022: from the Durban practice are Andrew Clark (2020) - Insurance Law; Roger Green (2008) – Real Estate Law; Tina Halstead (2021) - Real Estate Law; Alastair Hay (2014) -Construction Law and Corporate Law; Richard Hoal (2020) – Construction Law; Michael Jackson (2020) - Mergers and Acquisitions Law and Private Equity Law and Robin Westley (2019) – Real Estate Law. Gary Pritchard (2020) - Construction Law and Emili Souris (2020) - Real Estate Law from the Johannesburg office, also received recognition in the 13th Edition. “We couldn’t be more delighted with both Cox Yeats’ performance overall and the individual achievements,” says managing partner, Andrew Clark. “Richard Hoal’s Lawyer of the Year accolade (Construction Law) is the cherry on the top.” This recognition goes to the nominee earning the highest overall peer-feedback for a specific practice area and geographic region. Only one lawyer is recognised as the ‘Lawyer of the Year’ for each speciality and location. “Besides the high-level recognition, we’re also especially proud of the range of expertise displayed by our legal team. It speaks to our ongoing efforts to be able to provide tailor-made legal solutions to our clients, across a wide range of industry sectors and disciplines in both the private and public sector,” adds Clark. The Best Lawyers methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area by way of a conscientious, rational, and transparent survey process, designed to elicit meaningful and substantive evaluations of the quality of legal services. W: www.coxyeats.co.za
- Catch Laura Kelly live 18th Nov 6.30pm Standard Bank KZN Top Business Women 2021 Gala Dinner
Partner Cox Yeats Attorneys Laura grew up in Durban and studied at the University of Cape Town where she majored in both law and creative writing. Following the completion of her studies, she joined Cox Yeats in 2014, where she did her articles, became an associate in 2016 and was appointed a partner in 2019. Laura’s practice is focused primarily on insurance, commercial and international trade law – with a specific focus on petroleum law. She represents various local and global organisations, including the world’s leading independent petroleum storage provider in respect of its southern African operations. She is a highly motivated, hardworking individual, used to working in a demanding and fast-paced environment with a strength for fostering relationships and managing diverse personalities. Laura says that she was appointed a partner at the age of 27 by working extremely hard, but also by working smart and maintaining a balanced and structured lifestyle. Click SAVE YOUR SPOT and be part of Laura Kelly’s inspirational journey.
- Cox Yeats celebrates multiple nominations on Best Lawyers’® List
Cox Yeats Attorneys are proud to announce that 14 of their partners have been recognised in the 13th Edition of Best Lawyers® in South Africa. This is the largest of their number ever to have been included in the prestigious annual list. The publication is considered to be the oldest and most respected peer-review title in the legal profession, and a listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honour conferred on a lawyer by his or her peers. Recognised for the first time, five partners from the Durban office secured spots – Peter Barnard – Construction Law; Lazelle Paola – Real Estate Law; Thys Scheepers – Insolvency and Reorganization Law and David Vlcek – Construction Law. Gareth Cremen, specialising in Insolvency and Reorganization Law, from the Johannesburg practice, also had his first showing on the respected list. Repeat recipients for 2022: from the Durban practice are Andrew Clark (2020) – Insurance Law; Roger Green (2008) – Real Estate Law; Tina Halstead (2021) – Real Estate Law; Alastair Hay (2014) -Construction Law and Corporate Law; Richard Hoal (2020) – Construction Law; Michael Jackson (2020) – Mergers and Acquisitions Law and Private Equity Law and Robin Westley (2019) – Real Estate Law. Gary Pritchard (2020) – Construction Law and Emili Souris (2020) – Real Estate Law from the Johannesburg office, also received recognition in the 13th Edition. “We couldn’t be more delighted with both Cox Yeats’ performance overall and the individual achievements,” says managing partner, Andrew Clark. “Richard Hoal’s Lawyer of the Year accolade (Construction Law) is the cherry on the top.” This recognition goes to the nominee earning the highest overall peer-feedback for a specific practice area and geographic region. Only one lawyer is recognised as the ‘Lawyer of the Year’ for each speciality and location. “Besides the high-level recognition, we’re also especially proud of the range of expertise displayed by our legal team. It speaks to our ongoing efforts to be able to provide tailor-made legal solutions to our clients, across a wide range of industry sectors and disciplines in both the private and public sector,” adds Clark. The Best Lawyers methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area by way of a conscientious, rational, and transparent survey process, designed to elicit meaningful and substantive evaluations of the quality of legal services. W: www.coxyeats.co.za #coxyeats #KZNbusinesssense
- Cox Yeats listed in The Legal 500 Rankings 2022
Cox Yeats Attorneys is delighted to announce that the firm has been recognised by The Legal 500 in two categories in 2022, namely Shipping and Transport, and Construction. Through an annual comprehensive research programme, The Legal 500 analyses and ranks the capabilities of law firms across the world. The rankings are based on a series of criteria, but the overall goal is to highlight the practice area teams who are providing the most cutting edge and innovative advice to corporate counsel. Its focus is on the bench strength of the team (including partners and associates), and the consistency of quality of the individuals within the team. The research is based on feedback from 300,000 clients worldwide, submissions from law firms and interviews with leading private practice lawyers, and a team of researchers who have unrivalled experience in the legal market. A law firm can only get into the ranking tables and commentary on merit. Cox Yeats is known for its boldness and, over the years, has set industry benchmarks by changing perceptions and giving fresh and innovative counsel. The firm aims to provide practical and imaginative solutions to clients’ problems, and to present what can often be complex topics in clear and non-technical ways. Cox Yeats has developed an excellent reputation in the fields of maritime, international trade and insurance law and deals with all aspects of wet and dry shipping. This includes handling ship arrests and litigation as well as general advisory work. Cox Yeats, managing partner, Andrew Clark heads the maritime, international trade and insurance law team and he is supported by partners Laura Kelly and Tamryn Simpson . All three partners were recognised as ‘Recommended Lawyers’ by The Legal 500. The team is further assisted by associates Slindokuhle Ngwenya and Aideen Ross . The Cox Yeats’ construction, engineering & infrastructure law team has experience in representing professionals in the built environment and large construction companies in South Africa and Africa. The team has developed expertise in a variety of matters affecting the building and construction industries. Cox Yeats has particular expertise in advising on construction collapses for which it has been recognised by The Legal 500. Members of the team are listed experts in their fields and are recognised for the contribution that they make to the construction industry. The team consists of partners: Peter Barnard, Alistair Hay, Richard Hoal, Chantal Mitchell, Claudelle Pretorius, Gary Pritchard and David Vlcek, and associate s Rona Evans and Mohamed Mota. Richard Hoal also received the Lawyer of the Year 2021 accolade (Construction Law) in the 13th Edition of Best Lawyers® in South Africa. Clark commented, “We’re very proud of the growing recognition received, both nationally and internationally, for the range of expertise offered by our legal teams. Part of the Cox Yeats legacy is our unique approach to service delivery, which is deeply embedded within the culture of the firm and is something we holds in high esteem. We look forward to the firm’s future as a law firm of choice.” Ernest Makgetlaneng Marketing manager Tel:031 536 8500|Jhb:010 015 5800 Email: EMakgetlaneng@coxyeats.co.za Website: www.coxyeats.co.za
- STANDARD BANK KZN TOP BUSINESS AWARDS 2022. Nominee: Celebrate Life
Category: Community and Social responsibility Celebrate Life launched itself into women empowerment and upliftment in 2017 after supporting Hospice and anti rhino poaching. The Ubuntu Micro Bakery project was born and has continued to go from strength to strength with support for the transparent, sustainable project coming from the corporate sector and private sectors. The wood fired ovens bake eight loaves of bread an hour and Celebrate Life have placed in excess of 180 micro bakeries nationally. This in turn relates to 180,000 loaves of bread being produced (amongst other products like muffins, snowballs, pizzas and cinnamon buns). This equates to 2,340000 sandwiches for children, schools and orphans per month. Bakers are assessed to ensure they have the right tools to run their own businesses and have a market to sell to, they go through intensive training on all aspects of baking, financial management and log keeping and they are mentored by Celebrate Life for at least a year to ensure productivity and business management. Providing South Africans with opportunities for empowerment is critical in order to create a sustainable future for our country. Building on Celebrate Life’s first thirteen years of existence, the organisation recognises the critical role that skills development and community support can play in alleviating socio-economic road blocks and addressing the poverty cycle. https://celebratelifesa.org/
- WILLOWTON REINTRODUCES KZN YELLOWFISH TO THE BAYNESPRUIT
Pietermaritzburg, KwaZulu-Natal (KZN) yellowfish, or scaly yellowfish as they are affectionately known by anglers, are being re-introduced to the Baynespruit as part of an ongoing environmental rehabilitation project by leading edible oil producer, Willowton Group. Dr Abie Khan, Quality and Food Safety Manager for Willowton Group, explained that this fish, which goes by the scientific name , l abeobarbus natalensis , is a freshwater fish that is common throughout Eastern South Africa and is commonly found in most rivers in the province Although not threatened, its numbers have decreased due to various anthropogenic pressures such as increased water usage by growing settlements along the banks of rivers in KZN, deteriorating water quality and the establishment of barriers and dams that stop migration. It has been chosen as the species is an ideal indicator species for general river health. The re-introduction – or inoculation programme – is a strategic part of a broader commitment by Willowton Group to help improve the Baynespruit which is one of South Africa’s six most polluted rivers. The company has committed to monthly clean-ups of a 1 -kilometre-long stretch of the Baynespruit River between the bridge at New Greytown Road (Bambatha Road) and Manning Avenue bridge in Pietermaritzburg. To date, six clean-ups which include the removal of refuse and invasive vegetation from the river and its banks, have been conducted. Willowton Group has been working with stakeholders including DUCT (Dusi Umgeni Conservation Trust) as a fellow founder of the Baynespruit Conservancy in 2020 to clean the river and make environmental improvement efforts. Dr Khan confirmed that the KZN yellowfish inoculation programme had commenced with the translocation of KZN Yellowfish. “It is coupled with a monitoring programme being undertaken under the independent supervision and guidance of Dr Mark Graham of Groundtruth as well as studies undertaken by the University of Kwa-Zulu-Natal. The re-inoculation programme and associated independent academic research is being funded by the Willowton Group,” he explained. The inoculation strategy has two components – a translocation (re-inoculation) activity where KZN yellowfish numbers will be increased at strategic impacted areas, coupled with a monitoring component assessing the success of the re-inoculation process as well as real-time water quality monitoring and biomonitoring through the deployment of water quality sensors or probes. According to Yusuf Raja, Environmental Specialist and Project Manager at Global Consulting firm Arup, “the project will assist in improving the overall aquatic system and benefit water users. It also demonstrates the commitment of the Willowton Group to make a meaningful and sustainable difference within the environment in which they operate”.











