Skip to content

Kgosi Nkaiseng

Partner | Johannesburg

Kgosi-Nkaiseng

Quick Search

Contact

T: +27 11 669 9381

Overview

Kgosi provides expert business rescue, insolvency and general commercial litigation assistance to a broad range of industry sectors, including financial services, mining and commodities, retail, telecommunications, aviation and manufacturing.  He regularly acts for major financial institutions, liquidators, business rescue practitioners and various corporate entities.

Kgosi provides expert advice to clients on matters relating to business rescue proceedings, liquidation and sequestration proceedings, insolvency enquiries, perfection of notarial bonds and other securities, corporate recoveries, reckless trading and directors’ liability.

Professional Memberships

  • South African Restructuring and Insolvency Practitioners Associations (SARIPA).
  • INSOL International.

Experience

Jurisdictions worked in: South Africa

Kgosi has acted for and/or advised:

  • The business rescue practitioners of Rebosis Property Fund Ltd, being a REIT listed on the JSE, in relation to one of the largest and noteworthy business rescues in the market. The value of the business rescue (total liabilities) amounts to ZAR 13 billion.
  • The business rescue practitioner of Mango SOC Ltd. Mango’s creditor claims are approximately ZAR 2.5 billion.
  • The business rescue practitioner of Makunyula Anthracite Mine, a coal mine located in Mpumalanga. The mine’s creditor claims are approximately ZAR 391 million.
  • Denel SOC Ltd in various litigious matters involving the multi-billion Rand Hoefyster Project where Denel was contracted to manufacture combat variants for the South African Army.
  • The business rescue practitioners of Agri Protein (Pty) Ltd, a producer of animal food with creditor claims of approximately ZAR 500 million.
  • The business rescue practitioner of Saffer Plumbing and Hardware (Pty) Ltd, a supplier and distributor of plumbing and hardware products with creditor claims of approximately ZAR 360 million.
  • The business rescue practitioner of Mpact Polymers (Pty) Ltd, a leading paper and plastics packaging manufacturing business and recycler in Southern Africa, with creditor claims of approximately ZAR 530 million.
  • The business rescue practitioner of LA Crushers (Pty) Ltd, a company that operated as the pre-eminent Load & Haul Materials Handling service provider in the Phalaborwa area at both Phalaborwa Mining Company (a Copper producer) and Foskor (which produces Phosphate), with creditor claims of approximately ZAR 461 million.
  • A consortium of landlords in the business rescue proceedings of Edcon. Edcon’s creditor claims were approximately ZAR6.8 billion.
  • Shell Downstream South Africa (Pty) Ltd in the restructuring of some its subsidiaries.
  • The business rescue practitioner of INSA (Pty) Ltd, a stainless-steel manufacturing facility based in Durban, with creditor claims of approximately ZAR 400 million.
  • Tourvest Group, known in the market as Southern Africa’s leading integrated tourism group, in the restructuring of its financial exposure to its senior lenders following the severe effects of the Covid pandemic on the tourism industry.
  • The major senior lenders of Ascendis Health Ltd, a health and wellness company listed in the healthcare sector of the JSE on the implementation of a restructuring plan.
  • South African Airways Technical SOC Ltd in litigation against two of its suppliers, in respect of claims amounting to approximately USD 5 million.
  • The Board of Denel Aerostructures (Pty) Ltd, a subsidiary of Denel, in respect of the exit and winding-up of its business.
  • National Union of Metal Workers in the first case in South Africa where a trade union successfully applied to place a company, where the majority of the company’s employees were NUMSA members, in business rescue and by doing so saving approximately 200 jobs.
  • National Union of Metal Workers and its members in the business rescue proceedings of Evraz Highveld Steel and Vanadium (Pty) Ltd, which was one of the largest business rescue matters in South Africa. NUMSA had approximately 1200 members employed by Evraz.

Awards

  • Chambers and Partners ranked Kgosi as Up and Coming for his work in Restructuring/(Insolvency) (South Africa) in 2024.
  • The Legal 500 EMEA 2020 – 2023 recommended Kgosi as a next generation lawyer for dispute resolution.
  • The Best Lawyers in South Africa 2024 Edition recognised Kgosi in the category of Insolvency and Reorganization Law.

‘Kgosi Nkaiseng is an absolute pleasure to work with and he is extremely knowledgeable.’ – Chambers and Partners, 2024

AREA OF EXPERTISE

Qualifications

  • LLB, University of Johannesburg.
  • Post Graduate Diploma (Corporate Law), University of Johannesburg.
  • Advanced Short Course in Business Rescue Practice, UNISA.

Overview

Kgosi provides expert business rescue, insolvency and general commercial litigation assistance to a broad range of industry sectors, including financial services, mining and commodities, retail, telecommunications, aviation and manufacturing.  He regularly acts for major financial institutions, liquidators, business rescue practitioners and various corporate entities.

Kgosi provides expert advice to clients on matters relating to business rescue proceedings, liquidation and sequestration proceedings, insolvency enquiries, perfection of notarial bonds and other securities, corporate recoveries, reckless trading and directors’ liability.

Professional Memberships

  • South African Restructuring and Insolvency Practitioners Associations (SARIPA).
  • INSOL International.

Experience

Jurisdictions worked in: South Africa

Kgosi has acted for and/or advised:

  • The business rescue practitioners of Rebosis Property Fund Ltd, being a REIT listed on the JSE, in relation to one of the largest and noteworthy business rescues in the market. The value of the business rescue (total liabilities) amounts to ZAR 13 billion.
  • The business rescue practitioner of Mango SOC Ltd. Mango’s creditor claims are approximately ZAR 2.5 billion.
  • The business rescue practitioner of Makunyula Anthracite Mine, a coal mine located in Mpumalanga. The mine’s creditor claims are approximately ZAR 391 million.
  • Denel SOC Ltd in various litigious matters involving the multi-billion Rand Hoefyster Project where Denel was contracted to manufacture combat variants for the South African Army.
  • The business rescue practitioners of Agri Protein (Pty) Ltd, a producer of animal food with creditor claims of approximately ZAR 500 million.
  • The business rescue practitioner of Saffer Plumbing and Hardware (Pty) Ltd, a supplier and distributor of plumbing and hardware products with creditor claims of approximately ZAR 360 million.
  • The business rescue practitioner of Mpact Polymers (Pty) Ltd, a leading paper and plastics packaging manufacturing business and recycler in Southern Africa, with creditor claims of approximately ZAR 530 million.
  • The business rescue practitioner of LA Crushers (Pty) Ltd, a company that operated as the pre-eminent Load & Haul Materials Handling service provider in the Phalaborwa area at both Phalaborwa Mining Company (a Copper producer) and Foskor (which produces Phosphate), with creditor claims of approximately ZAR 461 million.
  • A consortium of landlords in the business rescue proceedings of Edcon. Edcon’s creditor claims were approximately ZAR6.8 billion.
  • Shell Downstream South Africa (Pty) Ltd in the restructuring of some its subsidiaries.
  • The business rescue practitioner of INSA (Pty) Ltd, a stainless-steel manufacturing facility based in Durban, with creditor claims of approximately ZAR 400 million.
  • Tourvest Group, known in the market as Southern Africa’s leading integrated tourism group, in the restructuring of its financial exposure to its senior lenders following the severe effects of the Covid pandemic on the tourism industry.
  • The major senior lenders of Ascendis Health Ltd, a health and wellness company listed in the healthcare sector of the JSE on the implementation of a restructuring plan.
  • South African Airways Technical SOC Ltd in litigation against two of its suppliers, in respect of claims amounting to approximately USD 5 million.
  • The Board of Denel Aerostructures (Pty) Ltd, a subsidiary of Denel, in respect of the exit and winding-up of its business.
  • National Union of Metal Workers in the first case in South Africa where a trade union successfully applied to place a company, where the majority of the company’s employees were NUMSA members, in business rescue and by doing so saving approximately 200 jobs.
  • National Union of Metal Workers and its members in the business rescue proceedings of Evraz Highveld Steel and Vanadium (Pty) Ltd, which was one of the largest business rescue matters in South Africa. NUMSA had approximately 1200 members employed by Evraz.

Awards

  • Chambers and Partners ranked Kgosi as Up and Coming for his work in Restructuring/(Insolvency) (South Africa) in 2024.
  • The Legal 500 EMEA 2020 – 2023 recommended Kgosi as a next generation lawyer for dispute resolution.
  • The Best Lawyers in South Africa 2024 Edition recognised Kgosi in the category of Insolvency and Reorganization Law.

‘Kgosi Nkaiseng is an absolute pleasure to work with and he is extremely knowledgeable.’ – Chambers and Partners, 2024

Keep up to date on the latest news

Our specialist practitioners share their knowledge and insights into a range of legal issues through various public speaking engagements, publications and media interactions. Subscribe to our legal updates to keep abreast of new developments.