Koketso Mathebula

• Contentious Liquidation: Representing and advising former directors to defend high-value and contentious liquidation proceedings which included claims for equitable compensation, damages and declarations for unlawful conspiracy, misfeasance, breach of fiduciary duty, fraudulent and wrongful trading, with an aggregate claim in excess of USD$ 2.1 Billion (£1.7 Billion).
• Trust Litigation: Acting on behalf of Trustees to defend complex Trust proceedings where the claims involved unique questions of law relating to reconstitution, restructuring and construction of Trust instruments and damages and equitable compensation for gross negligence, structure worth over USD$100 million.
• AML/Consent Regime Regulation: Representing and advising a major financial services institution on intricate regulatory matters relating to AML compliance and consent regime in the Bailiwick of Guernsey and mitigating regulatory enforcement risks with the local regulators.
• Breach of Data Protection and contract: Representing and advising a leading fiduciary services provider in a claim relating to breach of the data protection legislation, regulations and contractual obligations relating to data management, storage and
• Acting for the local data protection regulator in relation to successfully avoiding a potential appeal against a decision relating to the use and operation of CCTV.
• eGambling enforcement dispute: Acting on behalf of a long-standing eGaming operator to successfully defend intricate enforcement action issued by the local regulator including licence suspension and possible revocation as well as administrative fines relating to alleged breaches of eGambling legislation, regulations and AML regulations.
• Data Protection: representing and advising a medical institution to defend and make representations against a serious breach and enforcement action issued by the local regulator relating to alleged breaches of the data protection laws including processing of special category data.
• Advising various household name businesses in relation to regulatory issues associated with the implementation of technology solutions including e-payments, connected cars, digital currencies and cloud storage solutions.

Prior experience:

• Contentious Liquidation: Acted for Pick n Pay Retailers, a leading retailer, in the main proceedings and appeal proceedings, to defend a claim by the joint liquidators to invalidation and demand repayment of funds, in excess of 21 million, paid to the defendant amidst liquidation proceedings (Main Judgment – Da Silve N.O and Another v Pick n Pay Retailers (Pty) Ltd (6367/2022) [2023] ZAGPJHC 42 and Appeal Decision – Ramalho, George Da Silva N.O. & Pick n Pay Retailers (Pty) LTD, Gauteng Local Division, Johannesburg & Others (Case No. 2022/6367) [2023] ZAGPJHC 587) and . The main crux of the dispute was the proper interpretation and effect of concursus creditorum on claim not provided for in the insolvency legislative framework.
• Civil Contempt Proceedings: Acted for Barberton Mines, a large mining company, in civil contempt proceedings including the appeal proceedings in the Supreme Court of Appeal and Full bench of the Superior Court (Reported Judgment – Mnisi and Others v Barberton Mines Proprietary Ltd and Another (2495/19) [2019] ZAMPMBHC 2) and (Unreported Judgment – Mnisi and Others v Barberton Mines Proprietary Ltd and Another (A118/2019). The underlying matters and appeals looked at various complex issues including conduct of employees in protest action.
• Commercial Litigation: Represent the Government Employees Pension Fund on instruction of the Public Investment Corporation, as plaintiff, in complex litigation relating to the recovery of arrear rental in the sum total of R144 million and an alternative claim for unjustified enrichment for R232 million against the South African Broadcasting Corporation and the Provincial Government: North West Province, Minister of Finance and other government departments. The material issues in dispute related largely to the interpretation and application of the Constitutional transition provisions and the complicated legislative, regulatory and policy framework, prescription, interpretation of contract law and unjustified enrichment (Unreported Judgment – Government Employees Pension Fund v South African Broadcasting Corporation and Others (2951/05)).
• Technology: Representing the vendor of a tech platform used to help banks seamlessly capture, evaluate and manage applications for residential and commercial mortgage bonds, from inception, through financing to sale of the property in the sale of the platform to a subsidiary of a major retail bank. The overall deal was valued at over R400 million.
• Commercial Litigation: Acting for a major business bank to investigate serious allegations relating to transactional fraud and corruption and defend a claim for €49,500,000 instituted against the bank and advice on strategy to mitigate against adversarial reputational harm. The matter finally settled in favour of the bank.

• Listed as a “Key lawyer” by Legal 500 in 2023
• Winner of the 2023 Values Awards at DLA Piper Global Law Firm – Middle East & Africa
• Speaker at the Chartered Institute of Arbitrators YMG International Conference (South Africa delegate) and moderator for a panel of experts at the Chartered Institute of Arbitrators International Conference Nairobi, Kenya, 2022

• LLB – University of Pretoria
• BA Law (Criminology & Psychology)

• Young Business Group (Guernsey)
• Guernsey International Legal Associate
• Member of the International Association of Privacy Professionals (IAPP)
• Member of the Legal Practice Council of South Africa (LPC)
• Member of the International Chamber of Commerce Young Arbitrators Forum
• Member of the London Court of International Arbitration (YIAG)
• Member of the Golden Key International Honour Society since 2012