Tumisang Mongae

Director
Johannesburg
About

Tumisang specialises in litigation focusing on infrastructure and construction & engineering projects. He acts for public and private sector employers and contractors on disputes based on a variety of standard form contracts including FIDIC (Yellow and Red Books), NEC3 (ECC, PSC, TSC), NEC4 ECC, JBCC Principal Building Agreement, JBC (Kenya) and various bespoke contracts. Tumisang regularly acts in disputes relating to earthworks, building works, road infrastructure, rail infrastructure, coal-fired power stations, a nuclear power station, a hydro-pumped storage scheme, sub-stations and mines.

Areas of FocusInfrastructure Construction and TransportLitigation Arbitration and InvestigationsRegulatory and Government AffairsInternational Arbitration
Professional QualificationsAttorney of the High Court of South Africa

EXPERIENCE

  • Advised a listed renewables and coal mining company in pursuing a large claim against a contractor in relation to tunnel development and infrastructure installation services at the Matla Coal Mine.
  • Advised a listed renewables and coal mining company in defending several claims by a contractor in relation to the infrastructure installation services at the Grootegeluk Coal Mine.
  • Advised a listed renewables and coal mining company on the enforcement of a performance guarantee against a guarantor pertaining to the Matla Coal Mine.
  • Advised a guarantor on the validity of a demand for payment by an employer for payment under a guarantee provided by the said guarantor in relation to the construction of the Harbour Bay Village.
  • Advised a subcontractor on the merits of its claims against a contractor arising out of two contracts concluded for cladding and insulation works in relation to the construction of the Medupi Power Station.
  • Advised an insurer on the prospects of its pursuit a of a subrogation claim in relation to defects arising from the Karusa Wind Farm.
  • Advised a construction company on its prospects of success in its pursut of claims against a subcontractor relating to the construction of a Gas Turbine Power Plant in Ghana.
  • Advised a contractor in a referral to adjudication relating to the construction of the Wet Flue Gas Desulphurisation Plant at the Kusile Power Station.
  • Advised an employer in defending a claim in arbitration relating to the construction of the first-of-its-kind hybrid 155 MW of solar PV power, 86 MW of wind power, and a 94 MW / 242 MWh battery energy storage project between Western Cape and Eastern Cape Provinces.
  • Advised a renewable energy company on disputes with owners of neighboring properties regarding the installation of aircraft-detecting sensors on the wind turbines.
Languages
  • English
  • Setswana

Awards

  • Legal500 (2023-2025) recommended Tumisang for Dispute resolution.
  • Chambers Global (2021-2026) ranked Tumisang in Band 4. “He assists with a high volume of construction disputes and claims litigation, particularly relating to significant energy infrastructure developments.” He was previously ranked as up-and-coming from 2018-2020.
  • Best Lawyers (2024-2026) recommends Tumisang for Construction law.
Education
  • University of Pretoria, LLB, 2005
  • University of Pretoria, LLM, 2006
  • Fundamental FIDIC, BCA Training, 2011

Seminars

  • Panel member at the African Arbitration Association’s 4th Annual Conference in 2023 on “New Forms of Dispute Resolution in Africa: Where do we go from here?”
  • Facilitator at the University of Johannesburg’s Combating Corporate Corruption Summit in 2024, on “The Construction Mafia”.
  • Facilitator at DLA Piper’s Global Construction Training Day in 2025, on “Construction Arbitration and International Construction Disputes”.
  • Speaker at the DLA Piper Global Construction, Engineering & Infrastructure Conference 2022 on “Constructing the future: surviving and thriving in the era of disruption”.

Memberships And Affiliations

  • The Society of Construction Law for Africa

My latest insights

Publication

Data Centres: South Africa

18 December 2025

News

DLA Piper maintains its “Best Lawyers” ranking in 2026 South Africa edition

13 November 2025

News

DLA Piper advises joint global coordinators on USD1.5 billion accelerated bookbuild

25 July 2025 .2 minute read

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Phone

+27 (0)11 302 0876
(Work, Johannesburg)
+27 (0)72 179 6539
(Mobile)