Bongumusa Sibiya
Partner | Johannesburg
Contact
T: +27 11 669 9541
Overview
Bongumusa Sibiya specialises in commercial litigation and has amassed experience in a variety of commercial disputes before courts and arbitration institutions. These include disputes in the field of business and corporate law involving shareholder disputes including recovery of shareholder loans; removal of board members; obtaining interdicts; resolving contractual disputes; bringing or defending damages and defamation claims; blocking orders pertaining to banking accounts; renewable energy and independent power producers; public procurement; housing and evictions matters.
Bongumusa has also clerked at the Constitutional Court as a Law Research Clerk for Justice B Nkabinde.
Experience
Some of Bongumusa’s recent experience includes:
- Currently acting for the PIC and the GEPF in two separate action proceedings against Sekunjalo Independent Media, Independent News Media and Sagarmatha Technologies Limited (Sekunjalo Entities) for the recovery of millions of Rand of finance loans advanced to the Sekunjalo Entities;
- Successfully acted for the Public Investment Corporation in opposing a review application seeking relief to review and set aside the award of a construction tender to a service provider. The reference for the judgment is: PIC SOC Ltd and Another v Trencon Construction (Pty) Ltd and Another (365/2022) [2023] ZASCA 88; 2024 (1) SA 66 (SCA) (8 June 2023);
- Successfully acted for Central Energy Fund SOC Limited (CEF) in a matter wherein some of the former board members of its subsidiary The Petroleum, Oil and Gas Corporation of South Africa SOC Ltd (Petro SA) sought to review and set aside the decision by CEF to terminate their directorships of PetroSA. The matter intersected principles of public law and company law, in particular the provisions of the Companies Act relating to directors. The reference to the judgment is Steenkamp and Another v Central Energy Fund Soc Ltd and Others (13599/2017) [2017] ZAWCHC 107; 2018 (1) SA 311 (WCC) (22 September 2017).
- Renewable Energy Independent Power Producer in a dispute with a supplier of electrical cables that had to be installed in the Wind Farm Project.
- Successfully acted for a Renewable Energy Independent Power Producer in a dispute with a supplier of electrical cables that had to be installed in the Wind Farm Project. The aim of the Renewable Energy Independent Power Producer Procurement Programme is to produce and supply 40 GhW of electricity per month to Eskom for export to the national grid.
- Successfully acted an international garnet mining house in a commercial dispute before the High Court.
- Handed objections and complaints from various Political Parties and Independent Candidates on behalf of the Independent Electoral Commission (the IEC) during the 2024, 2020, 2019 and 2016National and Provincial Elections.
- Conducted litigation on behalf of the IEC in matters before the Electoral Court and other Courts pertaining to violations of the Electoral Commission Act, the Electoral Act and Electoral Code, the Municipal Electoral Act and Regulations, the Municipal Structures Act and the Constitution of the Republic of South Africa.
- Provided advice and legal opinions to the IEC on various matters regarding the interpretation and application of the Electoral Commission Act, the Electoral Act and Electoral Code, the Municipal Electoral Act and Regulations, the Municipal Structures Act and the Constitution of the Republic of South Africa.
- Social grants beneficiaries in the matter between Allpay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others, 2014 (1) SA 604 (CC).
- Society for the Abolition of the Death Penalty in South Africa in the matter between Minister of Home Affairs and Others v Tsebe and Others, Minister of Justice and Constitutional Development and Another v Tsebe and Others, 2012 (5) SA 467 (CC).
- Occupiers of a building in the matter between City of Johannesburg v Changing Tides 74 (Pty) Ltd and Others; 2012 (6) SA 294 (SCA).
- Clients represented by the Legal Resources Centre in the Marikana Commission of Enquiry.
Qualifications
Education
- Bachelor of Laws, University of Witwatersrand.
Professional Memberships
- Legal Practice Council of South Africa.
INSIGHTS
Overview
Bongumusa Sibiya specialises in commercial litigation and has amassed experience in a variety of commercial disputes before courts and arbitration institutions. These include disputes in the field of business and corporate law involving shareholder disputes including recovery of shareholder loans; removal of board members; obtaining interdicts; resolving contractual disputes; bringing or defending damages and defamation claims; blocking orders pertaining to banking accounts; renewable energy and independent power producers; public procurement; housing and evictions matters.
Bongumusa has also clerked at the Constitutional Court as a Law Research Clerk for Justice B Nkabinde.
Experience
Some of Bongumusa’s recent experience includes:
- Currently acting for the PIC and the GEPF in two separate action proceedings against Sekunjalo Independent Media, Independent News Media and Sagarmatha Technologies Limited (Sekunjalo Entities) for the recovery of millions of Rand of finance loans advanced to the Sekunjalo Entities;
- Successfully acted for the Public Investment Corporation in opposing a review application seeking relief to review and set aside the award of a construction tender to a service provider. The reference for the judgment is: PIC SOC Ltd and Another v Trencon Construction (Pty) Ltd and Another (365/2022) [2023] ZASCA 88; 2024 (1) SA 66 (SCA) (8 June 2023);
- Successfully acted for Central Energy Fund SOC Limited (CEF) in a matter wherein some of the former board members of its subsidiary The Petroleum, Oil and Gas Corporation of South Africa SOC Ltd (Petro SA) sought to review and set aside the decision by CEF to terminate their directorships of PetroSA. The matter intersected principles of public law and company law, in particular the provisions of the Companies Act relating to directors. The reference to the judgment is Steenkamp and Another v Central Energy Fund Soc Ltd and Others (13599/2017) [2017] ZAWCHC 107; 2018 (1) SA 311 (WCC) (22 September 2017).
- Renewable Energy Independent Power Producer in a dispute with a supplier of electrical cables that had to be installed in the Wind Farm Project.
- Successfully acted for a Renewable Energy Independent Power Producer in a dispute with a supplier of electrical cables that had to be installed in the Wind Farm Project. The aim of the Renewable Energy Independent Power Producer Procurement Programme is to produce and supply 40 GhW of electricity per month to Eskom for export to the national grid.
- Successfully acted an international garnet mining house in a commercial dispute before the High Court.
- Handed objections and complaints from various Political Parties and Independent Candidates on behalf of the Independent Electoral Commission (the IEC) during the 2024, 2020, 2019 and 2016National and Provincial Elections.
- Conducted litigation on behalf of the IEC in matters before the Electoral Court and other Courts pertaining to violations of the Electoral Commission Act, the Electoral Act and Electoral Code, the Municipal Electoral Act and Regulations, the Municipal Structures Act and the Constitution of the Republic of South Africa.
- Provided advice and legal opinions to the IEC on various matters regarding the interpretation and application of the Electoral Commission Act, the Electoral Act and Electoral Code, the Municipal Electoral Act and Regulations, the Municipal Structures Act and the Constitution of the Republic of South Africa.
- Social grants beneficiaries in the matter between Allpay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others, 2014 (1) SA 604 (CC).
- Society for the Abolition of the Death Penalty in South Africa in the matter between Minister of Home Affairs and Others v Tsebe and Others, Minister of Justice and Constitutional Development and Another v Tsebe and Others, 2012 (5) SA 467 (CC).
- Occupiers of a building in the matter between City of Johannesburg v Changing Tides 74 (Pty) Ltd and Others; 2012 (6) SA 294 (SCA).
- Clients represented by the Legal Resources Centre in the Marikana Commission of Enquiry.
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