Major Incidents and Corporate Investigations

Bowmans assists clients in managing all forms of risk, undertaking specialist forensic investigations; providing governance, corruption and regulatory compliance advice; and completing risk management reviews.

Our services include comprehensive crisis management (eg responding to cyber-attacks and data breaches or running multijurisdictional litigation) and extend to identifying specific governance and compliance risks that may result in prejudice and making recommendations to address them.

We have acted for clients in numerous investigations and proceedings by criminal and regulatory agencies and been involved in numerous high-profile and public-interest cases.

Specialist Services

Recent signature experience includes advising:

Major incidents

• a group of South African gold mining companies in a ground-breaking and complex multi-stakeholder facilitation to establish the settlement of class-action litigation over occupational lung disease in the gold mining industry.
• the board of a multi-national listed financial services group in a crisis triggered by a conflict-of-interest concern regarding the Group CEO’s outside business interests, and in related High Court litigation proceedings.
• a listed bank in Zambia in an employment class-action claim relating to pensions and employee benefits and representing the bank in ensuing High Court proceedings.
• South African state-owned enterprise, Eskom Holdings SOC Ltd, in dealing with allegations of corruption at a strategic and board level and representing Eskom in related proceedings involving the removal of senior executives and recovery proceedings from multiple third parties, including McKinsey and Trillian.
• a European multinational in Kenya in anti-corruption proceedings filed against the client and various public officials.
• the board of a South African diversified natural resources group in a crisis arising from an investigation into allegations of fraud and corruption in the acquisition of an interest in a concession in West Africa acquired through a Mauritian subsidiary, and representing the client in related criminal, High Court and international arbitration proceedings.

White-collar crime and asset recovery

• a global diversified mining corporation on its strategy to tackle syndicated product theft, and initiating civil, criminal and employment-related remedial steps.
• the South African Reserve Bank in the investigation of contraventions of exchange control regulations by Steinhoff and related persons or entities, including related civil and recovery litigation involving the attachment of assets and cooperation between the South African Reserve Bank and other regulators and law enforcement authorities.
• a multinational company on strategies to recoup losses and prevent further dissipation of funds due to widespread fraud in multiple countries.
• a listed mining company investigating misappropriations from a subsidiary, involving asset tracing and litigation in multiple jurisdictions to recover funds.
• an Emirati sovereign wealth fund investigating fraud and theft with global asset recovery and INTERPOL engagements.
• a global software company on a DOJ and SEC investigation into alleged FCPA violations concerning contracts with South African state-owned entities.
• a foreign investor on the investigation of potential human rights violations and the use of forced labour or slavery in Eritrea.
• a multinational mining company on suspected bribery solicitation by a senior government official in Madagascar.
• a subsidiary of a listed South African mining company on procurement irregularities in the Northern Cape.

Workplace investigations and employee misconduct

• a South African state-owned corporation in the energy sector in investigations into corruption, the removal of various executives, and related recovery proceedings.
• a South African state-owned corporation in the transport and logistics sector in allegations under investigation by the South African Special Investigations Unit concerning serious maladministration, irregularities and unlawful conduct by employees.
• a listed company with operations throughout Africa regarding an investigation into alleged employee misconduct, the making of secret profit, tax evasion and fraud, including the exit of several senior employees and office bearers in South Africa and Mauritius.
• an international e-commerce company on the investigation of senior employees for misstatements in financial documents and conduct in breach of certain codes and policies.
• a multinational mining company in investigations into whistleblower complaints, including harassment, bullying, and unfair labour practices, with advice on associated tribunal claims.
• a multinational software company in the investigation of a senior executive for conduct in breach of certain codes and policies, including the termination of that employee’s employment and advising on reporting obligations under South Africa’s anti-corruption legislation.
• a multinational engineering company providing solutions in the mining and construction industry on an internal investigation into breaches of policies and financial mismanagement by high-level executives in South Africa and Zimbabwe.
• an international motor components manufacturer in investigations into racism, theft, fraud, and misappropriation of funds.
• a leading media and entertainment company on the investigation of allegations of sexual assault and physical assault during the filming of a movie in South Africa.

Regulatory investigations and compliance advisory

• a major South African bank regarding its position on loan financing, interest rate swaps, and related reputational concerns, with a focus on engagements with regulatory authorities.
• a major US bank involved in a South African Reserve Bank investigation into foreign exchange control contravention related to Steinhoff.
• a multinational bank on a suspected cross-border data breach, requiring consideration of data protection laws in Canada and South Africa as well as potential liability for unlawful competition.
• a multinational bank involved in a judicial commission of inquiry and regulatory investigations into transactions with a state-backed entity.

Specialist Services