• Since :
    June 2024
  • Admitted to Bar :
    January 2024

Nontokozo Mahlangu

Advocate

A dynamic barrister with an erudite mind, resourceful, possessing an unwavering work ethic.

Her independent and probing approach, combined with stellar research skills, sets her apart as a standout legal professional. Not only does she bring fine attributes to the legal arena, but she also demonstrates discretion, sound judgment, and collegiality in her interactions with professionals and support staff. Nontokozos time at the Bar reflects a powerful combination of legal prowess and interpersonal finesse.

Prior to joining the Bar, Nontokozo was first an attorney at ENSafrica, specialising in competition law. Nontokozo has also practised as an attorney at several firms, gaining experience in commercial and company law and in the renewable energy space – having advised in transactions at the inception of the Renewable Energy Independent Power Producer Programme.

Nontokozo has extensive experience in the area of competition law. Her experience encompasses all aspects of competition law advice and related litigation, including –

  • advising on transaction structures;
  • the compilation and submission of merger notifications;
  • abuse of dominance issues and prohibited practices;
  • advising clients in relation to the corporate leniency regime as applied by the South African competition authorities;
  • assisting in the preventative aspects of competition law by performing compliance audits and competition training for companies;
  • and exemption applications.

She has also served as a contributing editor of the Butterworths Competition Law Reports.

Her competition experience includes submitting merger notifications and providing merger control advice in respect of various African jurisdictions including Botswana, Kenya, Madagascar, Mauritius, Namibia, Nigeria, Tanzania, Zimbabwe, Zambia, Eswatini and COMESA.

Nontokozo’s experience includes lecturing at her alma mater, the University of the Witwatersrand, where she lectured the following courses:

  • Competition Law;
  • Law of Evidence;
  • Special Contracts;
  • Mercantile Law;
  • and Introduction to Law.

Prior to that, she also served as the senior legal advisor of the South African Nuclear Energy Corporation SOC Ltd (NECSA) for a time, gaining valuable experience in corporate governance, public procurement and the business of meeting the nuclear-related needs of South Africa.

Specialities

Administrative Law

Commercial Litigation

Competition Law

Corporate Governance

Regulatory Compliance

International law

Important Judgements

Advocate of the High Court of South Africa (30 January 2023 – present) Member of the Johannesburg Society of Advocates (17 February 2023 – present)

Litigating and advising on a variety of legal issues in wide-ranging areas of law, including: competition, commercial, administrative, and regulatory law.

Highlights:

  • Obtained approval of large merger from the Competition Tribunal which imposed public interest conditions in terms of section 12(3) of the Competition Act on an otherwise, economically sound merger [Epiroc Holdings SA v K2022596519 (South Africa) (Pty) Ltd and Another (LM148Nov22) [2023] 2 CPLR 20 (CT) (14 April 2023)]
  • Representing Mango Airlines (In Business Rescue) against the International Air Services Council, appealing the cancellation of Mango’s international air operating licences, effectively leaving Mango with no international routes [Mango Airlines SOC Limited and Another v The International Air Services Council A99/2023]
  • Representing Mango Airlines (In Business Rescue) against the Minister of Public Enterprises, The Minister of Finance and Others where Mango successfully obtained an order compelling the Minister of Public Enterprises to exercise his executive power and render a decision regarding Mango’s business rescue plan in terms of 4 section 54(2) of the Public Finance Management Act, 1 of 1999. Both Ministers
    sought leave to appeal and were denied. While Mango applied for and was successful in its section 18(3) application pending the determination of any appeal. A petition to the SCA for leave to appeal form the Minister of Finance and National Treasury has thus far been served on Mango. [Mango Airlines SOC Limited (In Business Rescue) and Another v Minister of Public Enterprises and Others 010700/2023]
  • Successfully defending FirstRand Ltd and FirstRand Bank Ltd before the Competition Appeal Court against accusations of participating in a conspiracy to fix the price of the USD/ZAR exchange rate. [The competition Commission of South Africa v Bank of America Merrill Lynch International & 27 Others (CAC Case No: 215/CAC/APR23) handed down on 8 January 2024]
  • Successfully overturned an arbitration award before the Johannesburg Labour Court and obtained an order reinstating the client with 3 years’ backpay. Re- employment proving impossible, we successfully negotiated a handsome settlement with the client’s former employer. I acted on a pro bono basis in this matter. [Northern Cape Urban TVET College v Itumeleng Michael Tshabile JR388/22]

 

Pupil Advocate at Johannesburg Society of Advocates (January 2022 – December 2022)

  • Completed pupillage under a mentor whose practice tended towards the fields of commercial law, administrative law, public law, and employment law.
  • Drafted pleadings, affidavits in preparation for trial, drafted heads of argument and complex memoranda and opinions.
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