Megan Sturgeon

• Acting for black economic empowerment investment entities linked to a major South African telecommunications group in an application to be admitted as amici curiae in Constitutional Court proceedings concerning a multibillion-rand contractual claim, raising novel public policy issues relating to the potential impact of enforcement on a broad-based B-BBEE ownership scheme and tens of thousands of beneficiaries.
• Assisting a large quick-service restaurant group and its social responsibility trust in a defamation and media accountability matter against a national online publication and journalists concerning reporting on a charitable consumer-funding programme, resulting in the publication issuing an apology.
• Advising an international residential solar energy business on the winding up of its former South African subsidiary, including standing to bring winding-up proceedings, the implications of a complex cross-border group structure and the assignment, novation and release of construction, operation, indemnity and guarantee arrangements relating to industrial-scale photovoltaic power projects in South Africa.
• Advising a major South African bank on the interpretation of cession in securitatem debiti arrangements concluded with the South African Reserve Bank in relation to Covid-19 loan facilities, including whether banks retain locus standi to recover debts from defaulting borrowers in the absence of a re-cession.
• Acting for a global technology company in proceedings before the Johannesburg High Court to rescind an ex parte order confirming and founding jurisdiction in South Africa in favour of a South African network services provider.
• Advising renewable energy project companies and their holding company in High Court applications for declaratory relief in relation to a shareholders dispute.
• Acting for a multinational chemicals group in a compliance investigation relating to the discharge of wastewater at a South African chemicals operation and alleged non-compliance with applicable environmental legislation.
• Advising a South African chemicals operation on groundwater monitoring, environmental reporting obligations and the drilling of new boreholes.
• Advising a South African chemicals operation in a contractual dispute with an environmental consultant engaged to conduct, among other things, a hydrocensus.
• Advising on regulatory matters under the Financial Sector Regulation Act, 9 of 2017 and the Financial Markets Act, 19 of 2012.
• Advising several private companies on reporting obligations under the Prevention and Combating of Corrupt Activities Act, 12 of 2004 (PRECCA).
• Advising a foreign entity on the commercial implications of the Prevention of Organised Crime Act, 1998 (POCA), including in relation to dividends that may constitute proceeds of unlawful activity in South Africa.
• Instituting delinquency proceedings against directors of a privately held company and pursuing derivative action relief under the Companies Act, 2008 arising from alleged breaches of fiduciary duties.
• Defending a novel matter relating to alleged delictual liability arising from a major South African bank’s reversal of EFT payments collected by debit order on behalf of a large national retail group.*
• Successfully acted for a major South African mobile network operator in opposing a review application brought by a competing mobile network operator to review and set aside a state-owned transport and logistics company’s tender process.*

* Denotes experience from a previous firm