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Francois Trichardt

Partner | Cape Town

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Contact

T: 021 480 7800

Overview

Francois Trichardt is a partner in our Dispute Resolution Department and a member of the Corporate Investigations Practice.

He specialises in investigations and litigation relating to:

  • Ponzi, pyramid and multiplication schemes;
  • contraventions of the Exchange Control Regulations, and
  • funds misappropriated due to theft and fraud.

Experience

Francois was admitted as an attorney during 2010. Since then he:

  • represented numerous clients, including the South African Reserve Bank, the Prudential Authority, the erstwhile Registrar of Banks, repayment administrators appointed by the Prudential Authority, temporary inspectors appointed by the South African Reserve Bank and multiple multinational companies;
  • is currently managing teams investigating high profile alleged contraventions of the Banks Act and Exchange Control Regulations. He previously, inter alia, was part of teams investigating allegations of mismanagement at a municipality and a review of a tender process at a chapter 9 institution;
  • acted in constitutional challenges to banking legislation, review applications in terms of the common law, review applications in terms of the Promotion of Administrative Justice Act, reviews before the Financial Services Tribunal and the erstwhile Board of Review, more than 80 applications for interdicts to prevent the dissipation of assets and in excess of 250 applications for search warrants throughout South Africa in terms of the Financial Sector Regulation Act (and the erstwhile Inspection of Financial Institutions Act);
  • litigated in the Supreme Court of Appeal and most of the divisions of the High Court;
  • advised the Prudential Authority on compliance with the Promotion of Administrative Justice Act and proposed amendments to the Banks Act and other applicable legislation pertaining to unlawful deposit taking;
  • has been acting for a repayment administrator in the recovery of more than R100 million from the Swiss Confederation, and
  • was, inter alia, involved in the following matters:
    • Goqo v Kruger NO and Others (6094/10) [2010] ZAKZDHC 50 (29 October 2010);
      Corpclo 2290 CC t/a U-Care v Registrar of Banks (755/2011) [2012] ZASCA 156; [2013] 1 All SA 127 (SCA) (2 November 2012);
    • Kruger v Dhlamini and Others (2914/2015) [2016] ZAKZPHC 46 (27 May 2016);
    • Kruger v Mothapo and Another (82907/2014) [2015] ZAGPPHC 984 (11 December 2015);
    • Kruger v Joint Trustees of the insolvent Estate of Zulu (1121/2015) [2016] ZASCA163 (10 November 2016);
    • Lotlhare and Another v Kruger NO (2568/2015) [2018] ZANCHC 85 (16 November 2018), and
    • Mwale v Financial Services Tribunal and Another (92967/2019) [2021] ZAGPPHC 297 (24 May 2021).

AREA OF EXPERTISE

Qualifications

  • LLB degree from the University of Johannesburg.
  • MPhil (Fraud Risk Management) from the University of Pretoria.

Overview

Francois Trichardt is a partner in our Dispute Resolution Department and a member of the Corporate Investigations Practice.

He specialises in investigations and litigation relating to:

  • Ponzi, pyramid and multiplication schemes;
  • contraventions of the Exchange Control Regulations, and
  • funds misappropriated due to theft and fraud.

Experience

Francois was admitted as an attorney during 2010. Since then he:

  • represented numerous clients, including the South African Reserve Bank, the Prudential Authority, the erstwhile Registrar of Banks, repayment administrators appointed by the Prudential Authority, temporary inspectors appointed by the South African Reserve Bank and multiple multinational companies;
  • is currently managing teams investigating high profile alleged contraventions of the Banks Act and Exchange Control Regulations. He previously, inter alia, was part of teams investigating allegations of mismanagement at a municipality and a review of a tender process at a chapter 9 institution;
  • acted in constitutional challenges to banking legislation, review applications in terms of the common law, review applications in terms of the Promotion of Administrative Justice Act, reviews before the Financial Services Tribunal and the erstwhile Board of Review, more than 80 applications for interdicts to prevent the dissipation of assets and in excess of 250 applications for search warrants throughout South Africa in terms of the Financial Sector Regulation Act (and the erstwhile Inspection of Financial Institutions Act);
  • litigated in the Supreme Court of Appeal and most of the divisions of the High Court;
  • advised the Prudential Authority on compliance with the Promotion of Administrative Justice Act and proposed amendments to the Banks Act and other applicable legislation pertaining to unlawful deposit taking;
  • has been acting for a repayment administrator in the recovery of more than R100 million from the Swiss Confederation, and
  • was, inter alia, involved in the following matters:
    • Goqo v Kruger NO and Others (6094/10) [2010] ZAKZDHC 50 (29 October 2010);
      Corpclo 2290 CC t/a U-Care v Registrar of Banks (755/2011) [2012] ZASCA 156; [2013] 1 All SA 127 (SCA) (2 November 2012);
    • Kruger v Dhlamini and Others (2914/2015) [2016] ZAKZPHC 46 (27 May 2016);
    • Kruger v Mothapo and Another (82907/2014) [2015] ZAGPPHC 984 (11 December 2015);
    • Kruger v Joint Trustees of the insolvent Estate of Zulu (1121/2015) [2016] ZASCA163 (10 November 2016);
    • Lotlhare and Another v Kruger NO (2568/2015) [2018] ZANCHC 85 (16 November 2018), and
    • Mwale v Financial Services Tribunal and Another (92967/2019) [2021] ZAGPPHC 297 (24 May 2021).

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