Salim A Nakhjavani

Advocate

Salim maintains a general practice and is increasingly instructed in complex corporate and commercial disputes, including commercial mediation and arbitration; as well as transnational disputes; matters of public and private international law; and international criminal law.

Salim was previously a United Nations prosecutor in the criminal proceedings against the senior Khmer Rouge leaders in Cambodia (2011–2015) and a member of the legal team that established the Office of the Prosecutor of the International Criminal Court (2002-2003), where he was responsible for the drafting of the first Code of Conduct for international prosecutors and helped to develop the suite of legal tools known today as the Case Matrix and ICC Legal Tools Database.

He was Whewell Scholar in International Law in the University of Cambridge, where he was awarded the LLM degree (first class) in 2002. He was awarded the LLB and BCL degrees (magna cum laude) from McGill University. He is fluent in English and French, and has experience with legal proceedings in common law, civil law and mixed legal systems.

Specialities

Commercial litigation

Criminal Law

International Law

Matters of Particular Significance

CDH Invest NV v Petrotank (Pty) Ltd

[2019] ZASCA 53 (SCA) — validity of directors’ resolutions under section 74 of the Companies Act, 2008;

South African Human Rights Commission v Khumalo

2019 1 SA 289 (GJ)— social media posts amounting to hate speech — compatibility of section 10(1) of PEPUDA with section 16(2)(c) of the Constitution;

Rodrigues v National Director of Public Prosecutions

[2019] ZAGPJHC 159 — compatibility of stays of proceedings for apartheid crimes with South Africa’s obligations under customary international law; and

Madima NO and Others v Ratshitanga and Others

multiple civil proceedings to trace, secure and recover the proceeds of complex theft and fraud from a charitable trust.

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