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Joseph Maluleke

Founder and chairman

AREAS OF SPECIALISATION

  • Tax Law
  • Corporate & Commercial
  • Competition Law
  • Corporate Finance Law
  • Environmental Law
  • Constitutional Law
  • Mining & Mineral Law
  • Public, Procurement & Administration Law
  • Forensic investigations

 

          

 

EXPERIENCE

TAX LAW
Joseph’s experience includes advising on the various provisions of the Income Tax Act, VAT and Transfer. He also assists clients (taxpayers) in the ADR process. He is a member of the Tax Law Committee of the Law Society of the Northern Provinces. He was part of a legal team that represented SARS against one of the major mining companies in RSA. Due to the secrecy obligation imposed by SARS in their matters the details of these types of matters cannot be disclosed.

COMMERCIAL LAW
Joseph’s experience in commercial law consists of registration of business entities, drafting and vetting of commercial agreements and dispensing of legal opinions. Joseph has been doing this since 2003.

CORPORATE FINANCE LAW
Joseph’s experience entails corporate structuring and/or restructuring, mergers and acquisitions including preparation and drafting of prospectuses and pre-listing statements for purpose of listings on the stock exchange. He has attended to the registration of African International Energy PLC in England and its listing on the Frankfurt Stock Exchange. He led and completed the merger (amalgamation) of Bonitas Medical Fund with Prosano Medical Fund during 2012.  Joseph attended to the structuring of a BEE transaction involving CLF Concrete Laser Flooring (Pty) Ltd, Akhane Construction (Pty) Ltd and Abbedayle. Joseph has been doing this since 2006.

COMPETITION LAW
Joseph’s experience here involves advising clients on making determinations with regard to whether a particular transaction is required to be notified to the competition authorities in RSA. This service includes information regarding the review periods, filing procedures and formalities and requirements associated with merger filings in RSA. Joseph has advised and prepared the notification of the Bonitas, ProSano merger to the competition commission which was later approved by the Tribunal during 2012.

FORENSICS INVESTIGATION
Joseph has conducted investigations into allegations of misconduct and irregular activities at the Mine Health and Safety Council. In conducting the investigation, his team supported the client through use of advanced software to image electronic devices such as laptops and memory sticks in order to retrieve information relevant to the investigation. Upon conclusion of the investigation, Joseph’s team provided recommendations and supported the client through subsequent disciplinary measures. In addition to this, Joseph has supported various clients with legal support resulting from forensics investigations that were conducted at their organisations.

ENVIRONMENTAL LAW
As part of Joseph’s mining law practice, he has an extensive working knowledge and experience of the National Environmental Management Act (“NEMA”). He advises clients in respect of the impact of NEMA on mining and exploration activities, including the re view of Environmental Impact Assessments and Environmental Management Programs.

ADMINISTRATIVE, PUBLIC POLICY AND REGULATORY LAW
Joseph advises clients on the application of PAJA, the Constitution in respect of reviews and appeals of administrative actions, the drafting of notices of appeals, the review in terms of PAJA and the legality principle in the Constitution. He has been involved in this since 2005. He also advises medical schemes and financial services companies in respect of regulatory matt