Bongumusa Sibiya is a Partner in the Dispute Resolution Department specialising in commercial litigation. Bongumusa specialises in litigation in Superior Courts of South Africa and alternative dispute resolution including arbitration and mediation.

Bongumusa has experience in a variety of arbitration and litigation matters involving: interdicts contractual disputes; damages claims; shareholder disputes including recovery of shareholder loans; renewable energy and independent power producers; public procurement; housing and evictions; exercise of public power by government institutions and officials; and private sector accountability in the mining sector.

Bongumusa has also worked at the Constitutional Court as a Law Research Clerk for Justice B Nkabinde.

Relevant Experience

• Currently acting for an Investor in action proceedings instituted against an Investee for the recovery of hundreds of millions of Rand of finance loans advanced to the Investee;
• 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.
• Currently acting for an Investor and a decision maker in opposing a review application reviewing the award of a construction tender to a service provider;
• Acted for an international garnet mining house in a commercial dispute before the High Court.
• Handled objections and complaints from various Political Parties and Independent Candidates on behalf of the Independent Electoral Commission (the IEC) during the 2016, 2019 and 2020 National 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.
• Acted for 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).
• Acted for the 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).
• Acted for the occupiers of a building in the matter between City of Johannesburg v Changing Tides 74 (Pty) Ltd and Others; 2012 (6) SA 294 (SCA).
• Acted for clients represented by the Legal Resources Centre in the Marikana Commission of Enquiry.