Daniel Pretorius

Daniel Pretorius

Partner
Johannesburg, South Africa
T: +27 11 669 9654
E: daniel.pretorius@bowmanslaw.com
  • Overview
  • Experience
  • Publications & Insights

Overview

Daniel practises in the public law, regulatory and dispute resolution areas.  He specialises in constitutional and administrative law, judicial review, education law, public procurement, technology, media and telecommunications law, access to information, legislative drafting and interpretation of statutes.

Daniel completed his articles at Bowmans in 1994 and became a partner in the firm in 1998.  He was a part-time lecturer in the post-graduate Advanced Broadcasting Law course at the University of the Witwatersrand for several years. In 2008, he was appointed to the South African Law Reform Commission’s advisory committee on statutory law revision by the Minister of Justice. 

He has been described by Chambers & Partners as ‘one of the best public litigators in the country’, which noted that he ‘has a keen intellect and is very quick to grasp and point out the applicable legal challenges’, ‘is an incisive and strategic thinker’, and ‘always gives excellent advice and delivers a high-quality product’.  At one point, he was the only band 1 telecoms lawyer ranked by Chambers in South Africa. 

Daniel has served on the governing bodies of several independent schools: St John’s College, Johannesburg; Holy Family College, Parktown; and St Martin de Porres School, Orlando West. He also served on the board of a Southern Africa regional refugee support service for ten years. 

He took an extended sabbatical from legal practice from 2013 until 2018, during which period he taught History and Latin at St John’s College.  He returned to legal practice at Bowmans in 2019.  He is the chairman of the board of the Realema Teacher Internship Programme Trust and serves on the board of the Alexandra Education Committee.

Daniel has published articles on constitutional, administrative, broadcasting and education law in leading peer-reviewed law journals.  Several of these publications have been cited in judgments of the superior courts of South Africa and of other African jurisdictions. 

He holds BA and LLB degrees from the University of Stellenbosch, an Honours degree in History and an LLM from the University of South Africa, and a PhD in administrative law from the University of the Witwatersrand. 

Specialist Services

Relevant Experience

A selection of Daniel’s experience includes:

  • Advised the Independent Broadcasting Authority (IBA) on the licensing of the first private free-to-air television service (awarded to e.tv), and in respect of e.tv’s applications for amendments to its licence and in hearings before the Broadcasting Monitoring & Complaints Committee regarding contraventions by e.tv of its licence.
  • Represented the IBA and the Independent Communications Authority of South Africa (ICASA) in High Court, Supreme Court of Appeal and Constitutional Court proceedings, including: Radio Islam v IBA [1999] 1 All SA 96 (W); Radio Kingfisher v Langa N.O. [2000] JOL 7471 (SECLD); Barkhuizen v ICASA [2002] 1 All SA 469 (E); Radio Pretoria v ICASA 2003 (5) SA 431 (T); Trinity Broadcasting (Ciskei) v ICASA 2003 (5) SA 97 (W); Trinity Broadcasting (Ciskei) v ICASA 2004 (3) SA 346 (SCA); Radio Pretoria v ICASA 2005 (1) SA 47 (SCA); Radio Pretoria v ICASA 2005 (4) SA 319 (CC); Good News Community Radio v ICASA [2006] JOL 17514 (N); Radio Pretoria v Onafhanklike Kommunikasie-Owerheid van Suid-Afrika [2006] 1 All SA 143 (T); Kingdom Radio (Pty) Ltd v IBA [2006] 1 All SA 521 (JHC); Radio Pretoria v ICASA 2008 (2) SA 164 (SCA).
  • Advised ICASA on judicial review applications in respect of its decision to award a subscription television licence to MultiChoice, and its decision not to award such a licence to Deukom.
  • Represented the IBA in a dispute with Radio Islam about the constitutionality of the latter’s refusal to allow women to participate in its broadcasting activities.
  • Advised ICASA on applications by M-Net and SABC for the renewal and amendment of their broadcasting licences.
  • Advised ICASA on numerous applications for broadcasting licences and applications for renewal and amendment of such licences, including applications for secondary market commercial licences, amendment of Radio 702’s licence and amendment of Trinity Broadcasting’s licence.
  • Drafted licence conditions for e-tv, MTN, Vodacom, Cell C and SABC.
  • Advised ICASA on the Department of Communications’ digital migration strategy.
  • Represented the respondent in Maredi Telecom & Broadcasting (Pty) Ltd v Ericsson South Africa (Pty) Ltd [2009] ZAGPPHC 2
  • Advised Telecom Lesotho regarding a dispute with Lesotho Telecommunications Authority (LTA) and represented it in a review application against LTA in Lesotho High Court.
  • Advised various clients on aspects of Namibian and Botswana telecommunications law.
  • Advised US clients on South African law regarding the proposed installation of submarine fibre-optic cable around the African continent.
  • Advised Nexus Connexion on regulatory aspects of its successful application for 19% BEE stake in Neotel, and represented it in judicial review proceedings against the Minister of Communications.
  • Advised the FIFA-appointed host broadcaster for the 2010 World Cup on South African broadcasting law.
  • Participated in drafting electronic communications legislation for Tanzania.
  • Advised clients on regulatory aspects of public-private partnerships, including the Gautrain project.
  • Advised Swaziland government on resolution of constitutional crisis arising from dispute between monarchy and judiciary, and on regulatory aspects of dispute with US Trade Representative.
  • Advised Standard Bank regarding regulatory aspects of take-over bid by Nedbank and regarding Myburgh judicial commission of inquiry into rapid depreciation of the South African currency.
  • Advised Standard Bank on capital adequacy requirements under Basel Accords.
  • Represented Standard Bank in procurement matter before KwaZulu-Natal Bid Appeals Tribunal.
  • Represented United Arab Emirates client in proceedings in Swaziland High Court arising from dispute with Swazi Directorate of Civil Aviation.
  • Participated in drafting Trade and Investment Act for South Sudan
  • Represented Old Mutual in litigation arising from the termination of the employment of its former CEO, Mr Peter Moyo, and in his application to have the non-executive directors of Old Mutual declared delinquent in terms of section 162 of the Companies Act, 2008, including , including Old Mutual Limited v Moyo [2020] 2 All SA 261 (GJ); Moyo v Old Mutual Ltd [2020] 7 BLLR 739 (GJ); Moyo v Old Mutual Ltd 2021 JDR 2850 (GJ); Moyo v Old Mutual Ltd [2022] 4 BLLR 371 (GJ); Moyo v Old Mutual 2022 JDR 1248 (GJ)

Publications & Insights