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Kylene Weyers

Partner | Johannesburg

Kylene-Weyers

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Contact

T: +27 11 669 9000

Overview

Kylene specialises in business rescue, restructuring, insolvency, corporate recovery and general commercial litigation. She represents various major corporate entities, banks, creditors, liquidators, trustees and business rescue practitioners. She is regarded as a pre-eminent insolvency practitioner in the industry.

Kylene is known for her innovative yet practical approach to solving complex legal challenges and in doing so, she provides meaningful and sustainable solutions which are aligned with the commercial imperatives of her clients.

Prior to Bowmans, Kylene was employed at Hogan Lovells (SA) Inc in the Business Restructuring and Insolvency law department. She joined Hogan Lovells as a Candidate Attorney in 2014, she was appointed as an Associate in 2016 and was promoted to Senior Associate in 2018. Kylene then joined Cliffe Dekker Hofmeyr as a Senior Associate in the Business Rescue, Restructuring and Insolvency law team in 2019 and was promoted to Director in 2022. Kylene joined Bowmans at the start of 2024.

Professional Memberships

  • South African Restructuring and Insolvency Practitioners Association (SARIPA).
  • Turnaround Management Association of Southern Africa (TMA-SA).
  • INSOL International.

Experience

Kylene advised:

  • A consortium of landlords in the business rescue proceedings of Edcon.
  • Trudon (Pty) Ltd (a subsidiary of Telkom) in the sequestration of the ‘Van Vuurens’, whose creditor’s claim against the insolvent estate was in the amount of R512 million. Kylene further represented the trustees in the insolvent estate of the Van Vuurens in conducting an insolvency enquiry and taking enforcement measures to recover the monies. In addition, Kylene represented the liquidators of the interrelated entities and also represented Trudon in several litigious processes, including to have various voidable transactions set aside.
  • The major senior lenders of Ascendis Health Limited, a health and wellness company listed in the healthcare sector of the JSE on the implementation of a restructuring plan as a “pre-pack”. Through negotiating and implementing the pre-pack with the debtor company, our clients were able to successfully negotiate a takeover of the “worthy assets” as well as a monetary settlement.
  • The liquidators of a civil engineering and construction company in considering reportable irregularities pertaining to the reported financial results which resulted in the incorrect issuing of Profit After Tax certificates. On behalf of the liquidators, we engaged an independent forensic investigator to prepare a report on the potential irregularities, which revealed that profits were fraudulently overstated. We have also on behalf of the liquidators instituted legal proceedings against the relevant defendants to claim back the substantial monetary losses suffered by the company (approximately R55 million) due to the fraud perpetrated by the defendants on the company and the reckless trading conducted by them.
  • The business rescue practitioners of a major coal mining company conducting its operations in Ermelo, Mpumalanga, in successfully bringing an urgent application to discontinue the business rescue proceedings of the company and to place the company under provisional liquidation.
  • Absa and Investec in various commercial recoveries, litigation and insolvency related matters.
  • The liquidators of a large chrome mine in embarking on a statutory compromise with the company’s creditors, which was approved by the creditors and sanctioned by the High Court. The successful implementation of the compromise resulted in the creditors and employees being paid in full, and the company was restored to solvency.
  • The business rescue practitioner of Panamo Properties (Pty) Ltd in his successful appeal to the SCA, in the matter of Panamo Properties (Pty) Ltd v Nel and Another NNO (35/2014) 2015 ZASCA 76, a ground-breaking judgment relating to business rescue.
  • Firstrand Bank Limited in major High Court litigation against a close corporation and its sole member to recover R47 million. Kylene further represented the bank in the liquidation and sequestration proceedings, the execution processes and an insolvency enquiry.
  • SARS (largest independent creditor with a claim of R685 million) in the business rescue of Evraz Highveld Steel and Vanadium Ltd and further in tax litigation with the business rescue practitioners of Evraz.
  • The business rescue practitioners of a company in business rescue in a global litigation matter, successfully opposing enforcement of an international arbitration award in favour of another company based in Russia in the amount of $124 million.
  • Bank of China Ltd in obtaining judgment against Sinosteel Corporation Ltd (incorporated in China) as surety in the amount of R513 million.
  • The business rescue practitioners of a major mining and drilling company based in Kuruman, Northern Cape, where through applications and counter-applications, its largest debtor company was forced into business rescue. This is the first case where a company in business rescue has placed its largest debtor in business rescue as a method of debt collection.
  • Real Estate Business Owners of South Africa NPC in successfully instituting urgent legal proceedings against the Estate Agency Affairs Board (“EAAB”) wherein a structural interdict was granted and the EAAB was also ordered to issue fidelity fund certificates to hundreds of applicants.

Awards

  • Chambers Global ranked Kylene as ‘Up and Coming’ for her work in Restructuring and Insolvency in 2023 and 2024.
  • The Legal 500 EMEA listed Kylene as a recommended lawyer for Dispute Resolution for the years 2022 and 2023.
  • The Best Lawyers in South Africa ranked Kylene for Insolvency and Reorganization Law for the years 2019 to 2024 (consecutively).
  • Kylene was the recipient of the INSOL/SARIPA Young Bloods Award in 2020.

‘Kylene Weyers knows what she is doing and clients enjoy working with her.’ – Chambers and Partners, 2024

AREA OF EXPERTISE

Qualifications

  • Com Law (cum laude), University of Johannesburg.
  • LLB (cum laude), University of Johannesburg.
  • LLM in Commercial Law (cum laude), University of Johannesburg.
  • Advanced Short Course in Business Rescue (with distinction), University of South Africa.

Overview

Kylene specialises in business rescue, restructuring, insolvency, corporate recovery and general commercial litigation. She represents various major corporate entities, banks, creditors, liquidators, trustees and business rescue practitioners. She is regarded as a pre-eminent insolvency practitioner in the industry.

Kylene is known for her innovative yet practical approach to solving complex legal challenges and in doing so, she provides meaningful and sustainable solutions which are aligned with the commercial imperatives of her clients.

Prior to Bowmans, Kylene was employed at Hogan Lovells (SA) Inc in the Business Restructuring and Insolvency law department. She joined Hogan Lovells as a Candidate Attorney in 2014, she was appointed as an Associate in 2016 and was promoted to Senior Associate in 2018. Kylene then joined Cliffe Dekker Hofmeyr as a Senior Associate in the Business Rescue, Restructuring and Insolvency law team in 2019 and was promoted to Director in 2022. Kylene joined Bowmans at the start of 2024.

Professional Memberships

  • South African Restructuring and Insolvency Practitioners Association (SARIPA).
  • Turnaround Management Association of Southern Africa (TMA-SA).
  • INSOL International.

Experience

Kylene advised:

  • A consortium of landlords in the business rescue proceedings of Edcon.
  • Trudon (Pty) Ltd (a subsidiary of Telkom) in the sequestration of the ‘Van Vuurens’, whose creditor’s claim against the insolvent estate was in the amount of R512 million. Kylene further represented the trustees in the insolvent estate of the Van Vuurens in conducting an insolvency enquiry and taking enforcement measures to recover the monies. In addition, Kylene represented the liquidators of the interrelated entities and also represented Trudon in several litigious processes, including to have various voidable transactions set aside.
  • The major senior lenders of Ascendis Health Limited, a health and wellness company listed in the healthcare sector of the JSE on the implementation of a restructuring plan as a “pre-pack”. Through negotiating and implementing the pre-pack with the debtor company, our clients were able to successfully negotiate a takeover of the “worthy assets” as well as a monetary settlement.
  • The liquidators of a civil engineering and construction company in considering reportable irregularities pertaining to the reported financial results which resulted in the incorrect issuing of Profit After Tax certificates. On behalf of the liquidators, we engaged an independent forensic investigator to prepare a report on the potential irregularities, which revealed that profits were fraudulently overstated. We have also on behalf of the liquidators instituted legal proceedings against the relevant defendants to claim back the substantial monetary losses suffered by the company (approximately R55 million) due to the fraud perpetrated by the defendants on the company and the reckless trading conducted by them.
  • The business rescue practitioners of a major coal mining company conducting its operations in Ermelo, Mpumalanga, in successfully bringing an urgent application to discontinue the business rescue proceedings of the company and to place the company under provisional liquidation.
  • Absa and Investec in various commercial recoveries, litigation and insolvency related matters.
  • The liquidators of a large chrome mine in embarking on a statutory compromise with the company’s creditors, which was approved by the creditors and sanctioned by the High Court. The successful implementation of the compromise resulted in the creditors and employees being paid in full, and the company was restored to solvency.
  • The business rescue practitioner of Panamo Properties (Pty) Ltd in his successful appeal to the SCA, in the matter of Panamo Properties (Pty) Ltd v Nel and Another NNO (35/2014) 2015 ZASCA 76, a ground-breaking judgment relating to business rescue.
  • Firstrand Bank Limited in major High Court litigation against a close corporation and its sole member to recover R47 million. Kylene further represented the bank in the liquidation and sequestration proceedings, the execution processes and an insolvency enquiry.
  • SARS (largest independent creditor with a claim of R685 million) in the business rescue of Evraz Highveld Steel and Vanadium Ltd and further in tax litigation with the business rescue practitioners of Evraz.
  • The business rescue practitioners of a company in business rescue in a global litigation matter, successfully opposing enforcement of an international arbitration award in favour of another company based in Russia in the amount of $124 million.
  • Bank of China Ltd in obtaining judgment against Sinosteel Corporation Ltd (incorporated in China) as surety in the amount of R513 million.
  • The business rescue practitioners of a major mining and drilling company based in Kuruman, Northern Cape, where through applications and counter-applications, its largest debtor company was forced into business rescue. This is the first case where a company in business rescue has placed its largest debtor in business rescue as a method of debt collection.
  • Real Estate Business Owners of South Africa NPC in successfully instituting urgent legal proceedings against the Estate Agency Affairs Board (“EAAB”) wherein a structural interdict was granted and the EAAB was also ordered to issue fidelity fund certificates to hundreds of applicants.

Awards

  • Chambers Global ranked Kylene as ‘Up and Coming’ for her work in Restructuring and Insolvency in 2023 and 2024.
  • The Legal 500 EMEA listed Kylene as a recommended lawyer for Dispute Resolution for the years 2022 and 2023.
  • The Best Lawyers in South Africa ranked Kylene for Insolvency and Reorganization Law for the years 2019 to 2024 (consecutively).
  • Kylene was the recipient of the INSOL/SARIPA Young Bloods Award in 2020.

‘Kylene Weyers knows what she is doing and clients enjoy working with her.’ – Chambers and Partners, 2024

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