Jurisdictions worked in: South Africa, Botswana, eSwatini, Democratic Republic of the Congo, Ghana, Zambia, Nigeria, Lesotho, Zimbabwe, Mozambique, Angola, Namibia, Gabon, Tanzania, Sierra Leone, Mauritius, India, Bangladesh, the United Kingdom, the United States of America, Italy, Germany, Belgium and the Netherlands
Languages fluent in: Afrikaans and English.

* Includes experience gained prior to joining Bowmans

Gerhard has advised:

Energy, mining and infrastructure

• An international mining equipment manufacturer and supplier in a JV dispute with a major South African gold and platinum mining group on termination of a PGM tailings processing contract.*
• The Kingdom of Lesotho in a series of arbitration disputes relating to the operation and termination of a private hospital in Lesotho pursuant to a public private partnership with a major South African medical care and hospital group.*
• A global mining major in various arbitral and court proceedings arising from a subcontractor dispute on the development and expansion of its PGM metal mining operations in Zimbabwe an international mining equipment manufacturer and supplier on contracting terms with a Saudi based mining company.*
• A group of manganese ore producers on their involvement in the Vaal Gamagara Regional Water Supply Scheme and Sedibeng Water.*
• A group of manganese ore producers on the preparation and submission of a tender for the design and construction of a manganese ore export terminal to the Coega Development Corporation and Transnet in South Africa.*
• A major South African diversified construction group in a claim for indemnification against its insurers arising from liability for professional negligence on a mining project.*
• A specialist manufacturer and supplier of electrical equipment including transformers on a series of disputed claims for the supply and installation of transformers on two major photovoltaic renewable energy infrastructure power projects in South Africa.*
• A specialist manufacturer and supplier of electrical equipment including transformers in a dispute relating to the performance of electrical transformers in conjunction with certain wind generation power assets.*
• A global mining major in various arbitral and court proceedings arising from a subcontractor dispute on the development and expansion of its PGM metal mining operations in Zimbabwe.*
• A major South African diversified construction group in a dispute with the City of Cape Town around various claims for delay and additional work done on the CTICC project.*
• ETC on its rights and potential recourse against SANRAL for failure to comply with its contractual obligations around e-toll collections.*
• A major South African diversified construction group in a series of disputes relating to the development of an underground mining shaft complex for PGM metals.*
• A specialist manufacturer and supplier of electrical equipment including transformers on a series of disputed claims for the supply and installation of transformers on a major photovoltaic renewable energy infrastructure power project in South Africa.*
• A South African specialist contract miner in a claims dispute with a major PGM producer arising from the operation of an opencast PGM mining operation in South Africa.*
• A major South African diversified construction group in arbitration proceedings against a local property developer relating to a range of defect claims on a commercial building project.*
• The business rescue practitioners and major creditors of Group Five Ltd, together with its subsidiaries in resolving numerous contentious claims, regulatory issues, recoveries and operational disputes across South Africa, West Africa, the Middle East and India, in a range of proceedings through civil courts, various tribunals and arbitration proceedings.*
• A major Japanese mining and commodities trading house in relation to various contentious issues arising from the disposition of its interest in a South African ferrochrome mining and smelting operation.*
• A global mining business in arbitration proceedings relating to a contractual pricing mechanism dispute in respect of a thermal coal colliery.*
• A South African mining house in a civil damages action against a major international platinum producer arising from certain participation interests in platinum exploration and mining rights.*
• A major South African gold producer and the Far West Rand Dolomitic Water Association over more than a decade in regard to the defence and settlement of claims arising from ground subsidence and the loss of water arising from water abstraction to facilitate deep level gold mining on the Far West Rand, South Africa.*
• A major international mining group in relation to various contentious aspects of its iron ore supply arrangements with a major multinational iron and steel manufacturer and supplier in South Africa.*
• A South African mining house and certain of its directors, office bearers and advisers on the defence and settlement of a series of civil damages claims brought against them by an associated international gold mining company.*
• A South African junior mining company in defence of an investor damages claim in certain arbitration proceedings arising from the collapse of an IPO.*
• A major international iron ore miner in relation to a series of contentious issues with a series of contractors arising from the execution of a major expansion project to its operations in the Northern Cape, South Africa.*
• An EPC joint venture between a major South African mining engineering contractor and an Australian contractor in a series of disputes with a number of key subcontractors and consultants relating to the design and construction of a heavy mineral sands mine and processing facility in Northern Mozambique.*
• An Australian-South African EPC joint venture in pursuing a civil damages claim against a German multinational engineering contractor, arising from the catastrophic failure of certain electrical equipment on a copper mining processing plant in Zambia.*
• An international gold miner in defence of a civil damages action in Zimbabwe, arising from its acquisition of certain gold mining assets.*
• A South African EPC contractor in certain arbitration proceedings against an Australian junior mining company, arising from the construction of a uranium processing plant in Namibia.*
• A South African mining contractor in ICC arbitration proceedings against a major UK listed mining group relating to the development of a copper mine shaft complex in Zambia.*
• A major international mining and commodities trading company in relation to a civil damages claim brought against it arising from a failed empowerment transaction associated with the acquisition of certain thermal coal mining assets.*
• A South African specialist contract miner in arbitration proceedings against a major UK listed platinum miner, arising from the cancelation of a contract mining agreement in South Africa.*
• A major international mining group in relation to its prospective liability on occupational lung diseases in various sectors of the South African mining industry.*
• A South African mining contractor in local arbitration proceedings arising from a dispute on cancelation of a coal mining shaft complex development project.*
• A major South African construction group in arbitration proceedings against a major African retail group arising from the collapse of the roofing structure on a 65,000 square meter dry goods warehouse facility.*
• A joint venture contractor in civil and arbitration proceedings arising from the construction of 34 story hi-rise hotel development in Sandton, South Africa.*
• A South African EPC contractor in relation to arbitration proceedings against a Nigerian Civils subcontractor arising from a gas-power project in Ibom State, Nigeria.*
• A bulk water service utility in both arbitration and mediation proceedings against a Chinese civils contractor, arising from the cancelation of its appointment as contractor on the Vaal River Eastern Sub system Augmentation Project, South Africa.*
• The main civils contract joint venture on the Medupi Power Station Project against Eskom Holdings SOC through a series of adjudicated claims over more than 5 years, along with the settlement of such claims.*
• A major multinational engineering contractor in the energy sector in relation to a series of adjudicated claims arising from the boiler systems contract against Eskom Holdings SOC on both Medupi and Kusile Power Station Projects.*
• An international infrastructure and resources company in cross-border proceedings against a syndicate of insurers in seeking indemnification under a layered professional insurance contract.*
• A multinational construction and engineering service provider in adjudication and arbitration proceedings relating to a large expansion project in South Africa.*
• An agent of an organ of state in exercising public power in respect of a key state infrastructure function.*
• A building materials company on a natural gas sale and purchase agreement governed by Nigerian law.*

Banking and financial services

• A major South African bank in defence of court action brought against it by Transnet, seeking to review and set aside a series of long term interest rate hedging swaps associated with State Capture and the Transnet rail recapitalization program.
• A multinational financial services group on a comprehensive strategy to recoup losses and prevent further dissipation of local funds and assets, following the discovery of widespread fraud across South Africa, Nigeria, the United Kingdom and the USA.*
• A leading financial services organization in relation to its exposure to the Land Bank and advising on potential avenues of recovery.*
• The South African Reserve Bank in various civil proceedings against illegal deposit taking schemes, coupled to the freezing and recovery of assets as well as the repayment of depositors, typically by way of adjunct insolvency proceedings.*
• A major UK banking group in defence of a civil action brought by an NGO challenging the validity of an armaments transaction entered into by the Republic of South Africa with an international armaments supplier and associated funding facilities provided by the banking group.*
• A major US bank in an investigation by the SARB into SA foreign exchange control contravention relating to Steinhoff.*
• A major South African bank cited as defendant in a series of damages claims arising from the alleged breach of its fiduciary obligations as statutory trustee in a failed collective investment scheme.*
• A major South African bank on prospective liability toward a third party beneficiary for the cancelation of client debit order instructions at the client’s instance.*
• A Swiss financial services and payments intermediary in civil and arbitration proceedings against a South African bank arising from the termination of prepaid debit card scheme.*
• A major South African bank, cited as defendant in a series of damages claims arising from the alleged breach of its fiduciary obligations as statutory trustee in a failed collective investment scheme.*
• A major South African bank in defence of a court action seeking recognition and enforcement in South Africa of a judgment taken against the bank in Gabon.*
• A large asset manager in cross-border insolvency litigation relating to its investment in an embattled oil and gas exploration company.*
• A large African bank in defending a civil damages claim arising out of termination of a significant commercial property transaction.*
• A large African bank in defence of a series of application from customers who were the victims of online banking fraud.*
• A multinational bank in respect of a class action certification brought by shareholders for losses occasioned by misrepresentation of company information.*
• A multinational bank in all respects relating to and arising out of a judicial inquiry and regulatory investigation into certain transactions involving an organ of state.*
• A multinational investment bank in investigating reputational risk in acting as advisor to a state-backed mining group in a contemplated transaction.*
• An institutional capital markets lender in a civil damages action against the originators of a failed retail securitisation scheme with associated insolvency proceedings.*
• The Chief Financial Officer of African Bank in an enquiry into the collapse of the bank, as initiated by the Registrar of Banks.*
• A major South African bank in the High Court proceedings brought by the Minister of Finance against Oakbay Investments and related parties for declaratory relief as his executive duties and power to intervene in the termination of a banker-client relationship, together with ancillary issues relating to compliance with the Financial Intelligence Centre Act.*
• An international financial institution in respect of its mandate to secure offshore investment in a third party and launching liquidation proceedings to recover certain debt.*
• A multinational company on a comprehensive strategy to recoup losses and prevent further dissipation of local funds and assets, following the discovery of widespread fraud across South Africa, Nigeria, the United Kingdom and the USA.*
• A large bank on its position vis-à-vis certain loan financing and a judicial commission of inquiry.*

Restructuring, insolvency and business rescue

• An international grinding media specialist supplier on protecting its intellectual property and recovering existing debt from a local manufacturer and distributor of its products, having gone into business rescue.*
• The administrators for the Steinhoff scheme of arrangement in the Netherlands on intervention in the South African liquidation proceedings brought in the Western Cape High Court against Steinhoff.*
• The restructuring office of a listed construction group on his duties arising from disclosure of material misconduct by senior management of the company, potentially imperiling its major revenue streams.*
• A consortium of South African lenders on various aspects of their exposure to SAA and creditor status both pre- and post business rescue.*
• A major South African bank in relation to its exposure to Comair and the recovery of its security over a range of encumbered assets both pre and post business rescue.*
• The business rescue practitioners and major creditors of Group Five Ltd, together with its subsidiaries in resolving numerous contentious claims, regulatory issues, recoveries and operational disputes across South Africa, West Africa, the Middle East and India, in a range of proceedings through civil courts, various tribunals and arbitration proceedings.*
• A diversified South African construction and engineering group in a successful arbitration claim against an international engineering group as EPCM contractor, arising from liability incurred through the cancelation of a gas fired power project in Ghana.*
• A major Japanese mining and commodities trading house in relation to various contentious issues arising from the disposition of its interest in a South African ferrochrome mining and smelting operation, both pre and post a business rescue process.*
• A major South African bank regarding various contentious aspects relating to its exposure to Basil Read in business rescue.*
• A leading financial services organization in relation to its exposure to the Land Bank and potential avenues of recovery.*
• Ascendis group of companies on the restructuring of its indebtedness (c. ZAR 6 billion (debt is in Euro and ZAR)) and a recapitalisation of the Group.*
• A South African engineering group as EPCM contractor in various claims against a UK listed junior miner through LCIA arbitration proceedings, arising from the expansion of its heavy mineral sands mining operation on the North Eastern cost of Mozambique.*
• The Dutch Scheme Administrators of Steinhoff on intervening in the liquidation proceedings brought against Steinhoff Holdings in the Western Cape, South Africa.*
• The South African Reserve Bank in various civil proceedings against illegal deposit taking schemes, coupled to the freezing and recovery of assets as well as the repayment of depositors, typically by way of adjunct insolvency proceedings.*
• An estate owned asset manager in cross-border insolvency litigation relating to its investment in an embattled oil and gas exploration company.*
• A listed company following discovery of misappropriations in a mining subsidiary and related cross-border insolvency proceedings, asset tracing and global recovery processes.*
• A debt provider on its position vis-à-vis a suit of loan financing and restructuring documents governed by English and Ghanaian law.*
• A major capital markets investor in a civil damages action against the originators of a failed retail securitisation scheme with associated insolvency proceedings.*
• A Russian mining multinational in multi-jurisdictional arbitration proceedings on recognition and enforcement of an ICC arbitration award against a South African mining engineering company, arising from a failed potash mine shaft development in Russia.*
• An international steel conglomerate in challenging the business rescue process and prospective disposal of the business and assets of Highveld Steel & Vanadium.*
• A US private equity fund in relation to its interests the Thuthuka Group Business Rescue, challenging the business rescue plan and the initiation of cross border liquidation proceedings.*
• The business rescue practitioner on a High Court creditor challenge in the Creditworx business rescue process and advising on the business rescue plan.*
• The business rescue practitioners of Sanyati Civils on the business rescue process and launching liquidation proceedings on their behalf at the failure of business rescue along with subsequent High Court litigation in the insolvency process for declaratory relief on ranking and treatment of business rescue expenses.*
• An international financial institution in respect of its mandate to secure offshore investment in a third party, and launching liquidation proceedings to recover certain debt.*

Insurance

• An international gold mining major in a claim against its insurers for indemnification of costs associated with civil litigation in the US relating to a D&O claim.*
• A major South African bank on a re-insurance indemnity claim arising from its liability to investors in a collective investment scheme.*

General commercial, international arbitration and public law litigation

• A major UK banking group in defence of a civil action brought by an NGO challenging the validity of an armaments transaction entered into by the Republic of South Africa with an international armaments supplier and associated funding facilities provided by the banking group.*
• The Government of the Kingdom of Lesotho, on instructions of the ALSF, in opposing a series of civil recognition and enforcement proceedings in the UK, USA and Belgium arising from an arbitration award.*
• The Kingdom of Lesotho in a series of arbitration disputes relating to the operation and termination of a private hospital in Lesotho pursuant to a public private partnership with a major South African medical care and hospital group.*
• A Swiss financial services and payments intermediary in civil and arbitration proceedings against a South African bank arising from the termination of prepaid debit card scheme.*
• A major German motor manufacturing group on reputational risk associated with the beneficial ownership of certain of its key dealer distributors and advising on a strategy for termination of the dealer agreements.*
• A junior PGM group mining company in a dispute on termination of a corporate advisory mandate and associated prospective claims.*
• A junior PGM mining company in a dispute with a minority shareholder.*
• NTT and Dimension Data in relation to their contractual recourse against certain erstwhile directors and office bearers of the companies and their undisclosed participation in the sale of the Campus Property into a private equity structure.*
• A UK fast fashion brand and retailer on prospective recourse against a South African listed fashion retailer having appropriated their trading name and mark.*
• The board of Ascendis on the exercise of their fiduciary responsibilities relating to corporate activity within Coast2Coast Capital.*
• The business rescue practitioners and major creditors of Group Five Ltd, together with its subsidiaries in resolving numerous contentious claims, regulatory issues, recoveries and operational disputes across South Africa, West Africa, the Middle East and India, in a range of proceedings through civil courts, various tribunals and arbitration proceedings.*