Clement Mkiva is a partner and a team leader in our Johannesburg office Dispute Resolution Department.

He specialises in all areas of dispute resolution, including local and transnational litigation, arbitration and mediation. His expertise extend to contractual disputes, judicial reviews, damages claims, class actions, shareholder disputes, interdicts/injunction applications, banking and funding disputes, cross-border securities fraud, insolvency, construction disputes, defamation claims, employee benefits, property related disputes and mining litigation.

Clement has successfully assisted clients in various fields, including mining houses, banks, telecommunications companies, fund managers, pharmaceutical companies, provident funds, product manufacturers, health services companies, constitutional entities, municipal entities and parastatals.

He has an LLB from the Nelson Mandela Metropolitan University as well as a Masters in International Dispute Settlement, a joint LLM program of the University of Geneva and the Graduate Institute of International and Development Studies.  During his studies in Switzerland he received specialised training in international commercial and investment arbitration as well as the dispute mechanisms in major.

Relevant Experience

• Represented one of the defendants in the largest class action claim brought in South African history.
• Represented a London/Johannesburg dual-listed coal mining house in a number of large commercial disputes in litigation and arbitration.
• Representing the largest institutional investor on the Johannesburg Stock Exchange (JSE) in local and Dutch litigation and mediation proceedings related to accounting irregularities at dual-listed company in which our client is the largest shareholder. The proceedings included the enforcement of various securities.
• Representing a global pharmaceutical product manufacturer and a financial institution in separate transnational dispute resolution proceedings.
• Representing a global private equity fund in resisting an application to prevent a bank’s performance of its obligations under a performance guarantee relating to the Twin City Power Project in Ghana.
• Represented the six gold mining companies in the silicosis class action and class action settlement which is the most innovative and largest mediated class action settlement in the southern hemisphere.
• Representing a large broadcaster in international arbitration proceedings held under the auspices of the International Chamber of Commerce (ICC).
• Representing a large, listed mining company in various proceeding in litigation and before specialist company tribunals relating to alleged contraventions of the Companies Act.
• Represented a listed gold mining house in a dispute relating to lifetime funding of the medical aid requirements of its employees.

Awards

• Clement has been recognised by Who’s Who Legal as a Litigation Future Leader in the Partners category for several years.

• The Global Legal Post: Arbitration Law Over Borders Comparative Guide 2023: South African Chapter
• Chambers and Partners: International Arbitration 2022 Guide: South African Chapter
• Security for costs affirmed
• Litigation and enforcement in South Africa: overview
• Drager Case: State given guidelines on how to apply Drager breathalyzer test in a sober-minded manner