About

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The South African Commercial Law Blog is written and managed by Don Mahon. Mahon is an Advocate (Barrister) and Arbitrator specialising in commercial litigation. He has been a member of the Johannesburg Society of Advocates since 2005 (where he has served on the Johannesburg Bar Council) and is a member of the Maisels Group of Advocates, where he serves on the management committee.

Mahon is a member of the Association of Arbitrators of Southern Africa and the Chartered Institute of Arbitrators.

He is the founder of the Mahon Foundation, a charitable foundation focusing on education based initiatives and outreach programmes within South Africa.

In 2013 he was featured in the Mail & Guardian’s list of 200 Young South Africans.

He has written numerous articles which have been published online and in a number of legal publications.

His articles have been cited with approval by the High Court of South Africa and quoted in judgments of that court.

He is currently co-counsel in the class action against the Steinhoff group of companies, their auditors, directors and investment bankers for shareholders’ losses in the region of R185 Billion Rand.

QUALIFICATIONS

LLB, AIPSA Diploma in Insolvency Law
Member of the Association of Arbitrators of Southern Africa and the Chartered Institute of Arbitrators.
Areas of Practice
Practices in all forms of commercial litigation, with specialties in:
  • Company Law
  • Business Rescue
  • Insolvency and Liquidations
  • Financial and Advisory Services Law
  • Securities and Exchange Provisions
  • Construction and Engineering Law
  • Constitutional Law

He has acted in numerous commercial matters over the past number of years, acting for and against some of South Africa’s largest and most prominent companies, including banks, mining houses and other entities listed on the Johannesburg Stock Exchange.

He is admitted to practice in Botswana, where he has represented government parastatals in various matters and has prepared opinions for consideration by Cabinet and Government departments.

REPORTED AND NOTEWORTHY CASES

Industrial Law Journal

  • Amazwi Power Products (Pty) Ltd v Turnbull (2008) 29 ILJ 2554 (LAC)

South African Law Reports and All SA Reports

  • True Motives 84 v Madhi 2009 (4) SA 153 (SCA) (appeared a quo for the first respondent. The appellant’s application for leave to appeal against the judgment in favour of the first respondent was withdrawn and the first respondent was thus not before the SCA)
  • Haitas and Others v Port Wild Props 12 (Pty) Ltd 2011 (5) SA (GSJ)
  • Oakdene Square Properties (Pty) Ltd v Farm Bothasfontein (Kyalami) (Pty) Ltd 2012 (3) SA 273 (GSJ) (Drew Heads of Argument, not available for presentation of argument)
  • ABSA Bank Limited v Newcity Group (Pty) Ltd and another related matter [2013] 3 All SA 146 (GSJ)
  • Oakdene Square Properties (Pty) Ltd and Others v Farm Bothasfontein (Kyalami) (Pty) Ltd and Others 2013 (4) SA 539 (SCA), also reported at [2013] 3 All SA 303 (SCA)
  • Zietsman and Another v Directorate Of Market Abuse and Another 2016 (1) SA 218 (GP)
  • Nova Property Group Holdings Ltd and Others v Cobett and Another 2016 (4) SA 317 (SCA), also reported at [2016] 3 All SA 32 (SCA)
  • Arendse and Others v Van der Merwe and Another NNO 2016 (6) SA 490 (GJ), also reported at [2016] 4 All SA 48 (GJ)
  • Mohamed’s Leisure Holdings (Pty) Ltd v Southern Sun Hotel Interests (Pty) Ltd 2017 (4) SA 243 (GJ)
  • Octagon Chartered Accountants v Additional Magistrate, Johannesburg, And Others 2018 (4) SA 498 (GJ)
  • Bragge v Douglasdale Dairy (Pty) Ltd 2018 (4) SA 409 (GJ)
  • Douglasdale Dairy (Pty) Ltd And Others v Bragge And Another 2018 (4) SA 425 (SCA)
  • Minister of Justice and Constitutional Development and Others v Prince and Others 2018 (6) SA 393 (CC)
  • Shaw And Another v Mackintosh And Another 2019 (1) SA 398 (SCA)
  • Sengadi v Tsambo; In re: Tsambo [2019] 1 All SA 569 (GJ)

JDR Reports

  • Shaw v Mackintosh 2018 JDR 0495 (SCA)
  • Bragge v Douglasdale Dairy (Pty) Ltd (Rowan Matthews, Rowan Matthews NO., Bianca Matthews, Elizabeth Matthews Intervening Applicants) 2018 JDR 0652 (GJ)
  • Sengadi v Tsambo 2018 JDR 2151 (GJ)
  • Babcock Plant Services (Pty) Ltd v Cranecom CC 2018 JDR 2215 (GJ)
  • Ombud for Financial Services Providers v Harms NO 2017 JDR 0315 (GP)
  • Zietsman v Directorate of Market Abuse 2015 JDR 1788 (GP)
  • Siebels Hard Asset Fund Limited v Pouroulis 2015 JDR 2410 (GJ)
  • Absa Bank Limited v Naude NO (Louis Pasteur Holdings (Pty) Limited Affected Party) 2014 JDR 0201 (GNP)
  • Butler v Van Zyl 2014 JDR 1139 (SCA)
  • Newcity Group (Pty) Limited v Pellow NO (Rezidor Hotel Group South Africa (Pty) Limited First
  • SPX Technology (Pty) Ltd v Betterect (Pty) Ltd 2013 JDR 0430 (GNP)
  • Newcity Group (Pty) Limited v Pellow NO 2013 JDR 0644 (GSJ)

SAFLII

Constitutional Court

  • Minister of Justice and Constitutional Development and Others v Prince (Clarke and Others Intervening); National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton (CCT108/17) [2018] ZACC 30; 2018 (10) BCLR 1220 (CC); 2018 (6) SA 393 (CC); 2019 (1) SACR 14 (CC) (18 September 2018)

Supreme Court of Appeal

  • Douglasdale Diary (Pty) Ltd and Others v Bragge and Another (731/2017) [2018] ZASCA 68; 2018 (4) SA 425 (SCA) (25 May 2018)
  • Shaw and Another v Mackintosh and Another (267/17) [2018] ZASCA 53; 2019 (1) SA 398 (SCA) (29 March 2018)
  • Nova Property Group Holdings v Cobbett (20815/2014) [2016] ZASCA 63; [2016] 3 All SA 32 (SCA); 2016 (4) SA 317 (SCA) (12 May 2016)
  • Newcity Group (Pty) Limited v Pellow NO and Others (577/2013) [2014] ZASCA 162 (1 October 2014)
  • Butler and Others v Van Zyl and Others (554/13) [2014] ZASCA 81 (30 May 2014)
  • Oakdene Square Properties (Pty) Ltd and Others v Farm Bothasfontein (Kyalami) (Pty) Ltd and Others (609/2012) [2013] ZASCA 68; 2013 (4) SA 539 (SCA); [2013] 3 All SA 303 (SCA) (27 May 2013)

Other Courts

  • Newcity Group (Pty) Ltd v Pellow NO and Others, China Construction Bank Corporation Johannesburg Branch v Crystal Lagoon Investments 53 (Pty) Ltd and Others (12/45437, 16566/12) [2013] ZAGPJHC 54 (28 March 2013)
  • Waterfall Hills Residents Association NPC v Jordaan and Another (A3140/2018) [2018] ZAGPJHC 669 (12 November 2018)
  • Sengadi v Tsambo; In Re: Tsambo (40344/2018) [2018] ZAGPJHC 666; [2019] 1 All SA 569 (GJ) (8 November 2018)
  • Sengadi v Tsambo (40344/2018) [2018] ZAGPJHC 613 (3 November 2018)
  • Ex Parte Matthews and Others In re Bragge v Douglasdale Dairy (Pty) Ltd (2014/17307) [2016] ZAGPJHC 395; 2018 (4) SA 409 (GJ) (20 May 2016)
  • Mohamed’s Leisure Holdings v Southern Sun Hotel Interests (Pty) Ltd (10109/2015) [2016] ZAGPJHC 303; 2017 (4) SA 243 (GJ) (4 November 2016)
  • Arendse and Others v Van der Merwe NO and Another (2015/40324) [2016] ZAGPJHC 292; 2016 (6) SA 490 (GJ); [2016] 4 All SA 48 (GJ) (8 July 2016)
  • Siebels Hard Asset Fund Limited v Pouroulis (44754/14) [2015] ZAGPJHC 247 (28 October 2015)
  • Marathon Earthmovers CC v Dos Santos and Another (20546/2005) [2012] ZAGPJHC 221 (24 August 2012)
  • Tecmed (Pty) Ltd and Others v Sojitz Corporation (03/03539) [2011] ZAGPJHC 147 (26 October 2011)
  • Thumos Properties 1 (Pty) Ltd v Villa Retail Park Investments (Pty) Ltd and Others (21499/2014) [2018] ZAGPPHC 278 (2 May 2018)
  • Ombud for Financial Services Providers v Harms NO and Others (46293/15) [2017] ZAGPPHC 812 (22 February 2017)
  • Zietsman and Another v Directorate of Market Abuse and Another (A679/14) [2015] ZAGPPHC 651; 2016 (1) SA 218 (GP) (24 August 2015)
  • Absa Bank Limited v Naude NO and Others (66087/12 , 66088/2012) [2014] ZAGPPHC 438 (24 January 2014)
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4 thoughts on “About

  1. TO WHOM IT MAY CONCERN
    My name is Graham Tjiane a third level LLB student, I would love to subcribe to the blog.
    Please update me on present developments in the commercial sphere of law.

    Thank you in advance.

    • Dear Graham

      Thanks for your comment. You can subscribe to the blog by clicking on the link which says “FOLLOW BLOG VIA EMAIL” which appears on the home page. You will then receive an email every time an article is posted to the blog.

  2. Good Afternoon

    Please advise how one may contact yourself regarding posts and upcoming legal events. If you could kindly provide an email address or contact number so that we can get in touch.

    Kind Regards

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