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AmandlakaThixo Magubane

Senior Associate | Johannesburg

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Contact

T: +27 11 669 9398

Overview

AmandlakaThixo has advised corporate and public sector clients on matters related to various aspects of employment and administrative law, including but not limited to review proceedings in the Labour Court, unfair dismissals, disciplinary enquiries, and litigation in private arbitrations in the Commission for Conciliation, Mediation and Arbitration (CCMA) and the South African Local Government Bargaining Council (SALGBC).

She has conducted investigations on behalf of clients into various employment-related issues, drafted investigation reports for such clients where necessary, and advised clients on appropriate action based on the circumstances.
AmandlakaThixo has instituted and chaired disciplinary proceedings against employees of various state bodies and parastatals.

AmandlakaThixo has participated as a speaker in the 4th to 6th Annual Local Government Labour Law Seminars organised by the South African Local Government Association (SALGA), as well as in the 25th to 27th SASLAW Annual National Conference.

Experience

AmandlakaThixo’s experience includes:

  • General employment law advice to private and public sector clients.
  • Advising on how to manage poor performance and misconduct.
  • Chairing and initiating disciplinary processes to completion.
  • Conducting matters at the CCMA and Labour Court, including appearances and representation.
  • Conducting investigations and drafting reports.
  • Drafting and/or amending various employment policies.
  • Conducting training on various employment subjects, including prevention of harassment in the workplace, s189 and s189A processes, strike management, etc.
  • Thought leadership, including moderating panelists across Africa.

Awards

  • International Employment Lawyer recognised Amandla as one of Tomorrow’s Leaders for 2024.  

‘Amandla Makhongwana is accessible, knowledgeable and precise with her support.’ Legal 500, 2025

AREA OF EXPERTISE

Qualifications

Education

  • LLM, University of the Witwatersrand.
  • LLB, University of the Witwatersrand.
  • Amandla is a Conflict Dynamics certified Mediator.

Professional Memberships

  • Member of the Golden Key Society.
  • Member of the South African Society for Labour Law (SASLAW), where sits on the SASLAW National Committee.
  • Conflict Dynamics certified Mediator.
  • Member of the Young AFSA.

INSIGHTS

South Africa: Occupational health and safety meets fair dismissal obligations – A zero-tolerance policy analysis South Africa: Publication of Rehabilitation, Reintegration and Return to Work Regulations under COIDA South Africa: When plea deals collapse – LAC provides new guidelines on plea-bargain agreements South Africa: The COIDA – Key amendments come into effect South Africa: Dismissal on an ‘unexpressed allegation’ – the scope of competent verdicts South Africa: New Code of Good Practice on Dismissal finalised and published South Africa: Navigating breaches of ‘zero-tolerance’ policies in the workplace – dismissal not always the appropriate response South Africa: ‘Just following orders’ not a defence, says the Labour Court South Africa: The truth and a competent verdict – A fair dismissal for refusing to submit to truth verification testing South Africa: The Fair Pay Bill – A catalyst for change South Africa: No humanitarian duty for employers to trace deserters – Dismissal for desertion upheld despite incarceration South Africa: A work-from-home legacy of Covid-19 – return to office directions must be reasonable South Africa: Section 189: A holistic retrenchment playbook for employers South Africa: Draft Code on Dismissal: The old, the new and the in-between South Africa: The employer’s obligation to prevent and eliminate gender-based violence South Africa: Icala aliboli – Drinking and driving, lies and deceit, still dismissible after a passage of time South Africa: Red means stop – LAC confirms appropriateness of dismissal based on totality of evidence South Africa: The relevance and benefit of reaching consensus in a retrenchment consultation process South Africa: Labour Court Practice Directive 1 of 2024: Urgent applications to be initiated on Court Online South Africa: Is a section 189(3) notice always required for a retrenchment to be considered fair? South Africa: Constitutional Court shatters NUMSA’s hopes of extended membership South Africa: Delays do not pay – defective review proceedings will still interrupt prescription   South Africa: Labour Appeal Court confirms the fairness of Coca-Cola’s retrenchments South Africa: ConCourt confirms Coca-Cola’s retrenchments were for operational requirements   South Africa: AARTO compliance and employment ramifications South Africa: Doctrine of common purpose does not serve to sacrifice innocent employees out of sympathy for employers South Africa: ConCourt settles the law on various issues relating to large-scale retrenchments South Africa: ConCourt rules – Intolerability of a continued employment

Overview

AmandlakaThixo has advised corporate and public sector clients on matters related to various aspects of employment and administrative law, including but not limited to review proceedings in the Labour Court, unfair dismissals, disciplinary enquiries, and litigation in private arbitrations in the Commission for Conciliation, Mediation and Arbitration (CCMA) and the South African Local Government Bargaining Council (SALGBC).

She has conducted investigations on behalf of clients into various employment-related issues, drafted investigation reports for such clients where necessary, and advised clients on appropriate action based on the circumstances.
AmandlakaThixo has instituted and chaired disciplinary proceedings against employees of various state bodies and parastatals.

AmandlakaThixo has participated as a speaker in the 4th to 6th Annual Local Government Labour Law Seminars organised by the South African Local Government Association (SALGA), as well as in the 25th to 27th SASLAW Annual National Conference.

Experience

AmandlakaThixo’s experience includes:

  • General employment law advice to private and public sector clients.
  • Advising on how to manage poor performance and misconduct.
  • Chairing and initiating disciplinary processes to completion.
  • Conducting matters at the CCMA and Labour Court, including appearances and representation.
  • Conducting investigations and drafting reports.
  • Drafting and/or amending various employment policies.
  • Conducting training on various employment subjects, including prevention of harassment in the workplace, s189 and s189A processes, strike management, etc.
  • Thought leadership, including moderating panelists across Africa.

Awards

  • International Employment Lawyer recognised Amandla as one of Tomorrow’s Leaders for 2024.  

‘Amandla Makhongwana is accessible, knowledgeable and precise with her support.’ Legal 500, 2025

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