Mark Leathers

The firm’s director, Mark Leathers was born in Benoni in 1984 and attended Nigel Primary School and thereafter the Drakensberg Boys Choir, St Alban’s College and Hoërskool Johan Jurgens. He attended varsity at the Potchefstroom University for Christian Higher Education (PUKKE) and graduated with his undergraduate degree from UNISA in 2009 and his Master’s degree in private law in 2015.

Mark served his articles of clerkship at Mc Naught and Company from July 2006 and in 2010 was admitted as an Attorney, Notary and Conveyancer and became a partner at Mc Naught and Company. In 2019, Mark has taken over as the director of the firm based at our Bluff office.

In addition to being an attorney, Mark is an experienced conveyancer and notary public, assisting conveyancing software providers in formulating documents and providing advisory services to various local councils on property law matters. Mark has a number of select multi-national clients that he serves as legal counsel for, handling their commercial litigation, structuring, contracts and credit security requirements.

Firm Overview:

Mc Naught and Company are a team of young and dynamic professionals.

We don’t see ourselves as your law firm but as part of your team. This means that we make it our mission to not only understand who you are and what your business is, but to truly take the time to understand your challenges or tasks ahead and come up with an innovative, dynamic and cost-effective solution for you.

What makes us unique is that as part of your team we are accessible and deliver hands on attention to each matter we deal with.

History:

“Practice does make perfect” …

…quips Dave Mc Naught who founded the firm on 1st March 1984. Joined by Partner Mark Leathers in 2010, the firm has grown from a small 2-roomed office in the Durban city centre at 320 West Street, to a decentralised practice which has offices on the Bluff and in Amanzimtoti. All our offices have been purpose built to cater to the personal relationship we have with our clients and to provide the entire team with the optimal environment in which to get the job done.

Mike Patterson

Mike Patterson formed Patterson & Associates at the end of 1989 in South Africa. Today we have offices in South Africa, Zimbabwe and Zambia.

The object was to provide the local and international marine insurance industry, importers and exporters, Port Authorities and local and international Maritime Law Firms with a specialised marine surveying, loss adjusting, risk assessment and investigative service.

Today the company represents a wide range of clients worldwide.

For example we are survey agents for insurers and insurance brokers in Africa, Europe, the United Kingdom, USA and Australia.

Our survey and investigative work is carried out throughout Southern Africa, East Africa and including Indian Ocean countries i.e. Madagascar/Mauritius/Seychelles/Reunion etc.

As part of our quick reaction time, in particular in Southern African countries, we have offices in Cape Town, Durban, Johannesburg, Harare and Lusaka.

Services:

  • Marine insurance claim investigations/surveys pertaining to containerised cargo/break-bulk cargo/dry and liquid bulk cargo etc.
  • Marine cargo surveys i.e. condition/verification/quality and quantity.
  • Loading and discharge supervision of high value/high volume/high risk cargo.
  • Pre-shipment condition/quantity/status surveys.
  • Cargo tally and monitoring.
  • Project cargos.
  • Stock throughput claims.
  • Warehouse claims i.e. theft/fire damage/water damage etc.
  • Storage risk assessments.
  • Derailments.
  • Cargo truck hi-jackings.
  • Tracing & Recoveries.
  • Arbitrations concerning sales contract claims falling outside the scope of marine cargo insurance cover.

Angela Itzikowitz

Professor Angela Itzikowitz is an executive in ENSafrica’s banking and finance department. She specialises in banking and financial market regulation, including finance and regulatory reform, card and related electronic payment instruments, derivatives, loan agreements, collective investment schemes, insurance, money laundering and debt origination and securitisation.

She has done a significant amount of work in South African Development Community (“SADC”) countries such as Uganda, Kenya and Zambia including regulatory law reform through capacity building projects. More recently, she drafted and advised on the Finance and Development Protocol for SADC in her capacity as a senior legal expert. She has also advised the World Bank on deposit insurance and bank insolvencies.

Angela has participated in a number of financial market initiatives in Asia in collaboration with colleagues from Beijing, Shanghai, Hong Kong and India. She also acts for a number of European banks, asset managers and investment advisors.

In addition, she has been recognised as a leading Fintech lawyer, advising banks and start ups and has authored the South African chapter in a number of international publications on the subject.  

Angela is a professor in banking and financial markets law at the University of the Witwatersrand and she teaches at Queen Mary College, the University of London, on legal aspects of international finance. She is the author of the Law of South Africa Banking and Financial Markets, has co-authored a number of books and has published numerous articles in local and foreign journals.

She is a member of the Board of International Scholars, London Institute of Banking and Finance, and is a Professorial Fellow at the Asian Institute of International Financial Law, University of Hong Kong. She is also a visiting Professor at Shanghai University of Finance and Economics and Peking University, and is the recipient of a number of international fellowships and awards and sits on a number of advisory committees and company boards.

Angela is recognised as a leading/recommended lawyer by:

·         Chambers Global Guide 2018, 2017 – Banking and Finance: Regulatory; 2015 – Banking and Finance (South Africa)

·         Who’s Who 2018 – Banking, FinTech (South Africa)

·         Best Lawyers® 2018, 2017, 2016 – Banking and Finance (South Africa)

Angela has been described by Who’s Who Legal 2018 as ”among the very elite of practitioners in our research thanks to her ‘great regulatory mind’. She is a client favourite thanks to her ability to ‘provide practical solutions that are legally sound’’’.

Angela is fluent in English, Afrikaans and German and speaks South Sotho and Mandarin.

ENSAFRICA’S BANKING AND FINANCE PRACTICE:

ENSafrica’s Banking and Finance Department of over 40 practitioners differentiates itself through high levels of specialisation across the full spectrum of banking and finance work, including financial services regulation, leveraged finance, asset finance, debt finance and trade finance.

The key to the Banking and Finance Department’s success is its large number of senior practitioners who are each dedicated to, and have deep expertise in, specific areas of banking and finance. In addition, the team has competence in English law, with qualified English law practitioners at executive level, as well as practitioners who are qualified to practise French law.

ENSafrica’s Banking and Finance Department works closely with the firm’s other market-leading departments and business areas, including tax, corporate commercial, insolvency and debt recovery, and employment.

ENSafrica is Africa’s largest law firm, with over 600 practitioners, and more than 200 years of experience in high-level, complex commercial work. The firm’s focus is on what’s best for the client and striving for excellence, in both offering and service. ENSafrica is committed to providing clients with cost-effective outcomes by ensuring work is done at the right level, and in the manner that best suits clients’ preferences and pricing structures.

While many recognise the unique opportunities for trade, investment and growth that Africa represents, predicting in-country and across-region risks is not easy, particularly given the rate of exponential change impacting multiple indicators, whether economic, political, technological or social. ENSafrica is an independent law firm with fully integrated offices across Southern, West and East Africa and Mauritius. The firm offers clients many years’ accumulated know-how and solid experience, whether doing business in-country or cross-continent, helping to minimise risk and leverage business opportunities across Africa.

ENSafrica has lawyers qualified to practise English, French and OHADA law, as well as practitioners who are fluent in African and international languages, including Mandarin, Cantonese, French, Portuguese and Swahili. The firm also has a dedicated Asia practice group.

Through the financial services centre of Mauritius, ENSafrica also offers a unique possibility to integrate all aspects of structuring clients’ investments in relation to all commercial areas of law, tax, IP and fiduciary.

Key types of work

ENSafrica’s Banking and Finance Department has significant experience in all areas of banking and finance, including:

  • asset finance, including aircraft finance
  • collective investment schemes and private instrument funds
  • debt capital markets
  • derivatives, swaps, repurchase transactions and securities lending
  • distressed debt and workouts
  • financial products and asset management
  • financial services regulation
  • general debt
  • hybrid debt
  • insurance, including export credits
  • Islamic finance
  • leveraged finance and private equity
  • pension funds
  • property finance
  • securitisations
  • structuring and financing of BEE transactions
  • structured finance
  • trade and commodity finance

ENSAFRICA FIRM PROFILE:

ENSafrica is Africa’s largest law firm, with over 600 practitioners, and more than 200 years of experience in high-level, complex commercial work. The firm’s focus is on what’s best for the client and striving for excellence, in both offering and service. ENSafrica is committed to providing clients with cost-effective outcomes by ensuring work is done at the right level, and in the manner that best suits clients’ preferences and pricing structures.

ENSafrica is an independent law firm with fully integrated offices across Southern, West and East Africa and Mauritius. The firm offers clients many years’ accumulated know-how and solid experience, whether doing business in-country or cross-continent, helping to minimise risk and leverage business opportunities across Africa.

ENSafrica has lawyers qualified to practise English, French and OHADA law, a dedicated Asia practice group, as well as practitioners who are fluent in African and international languages, including

Mandarin, Cantonese, French, Portuguese and Swahili.

Through the financial services centre of Mauritius, ENSafrica also offers a unique possibility to integrate all aspects of structuring clients’ investments in relation to all commercial areas of law, tax, IP and fiduciary.

Mervin Messias JD, BA, LLB, TEP, MTP

JD (Juris Doctor) / BA, LLB (Wits) / TEP (Trust & Estate Practitioner) / MTP (Master Tax Practitioner – S.A)

Mervin is a trust specialist, solving trust matters, including wills, estate planning and tax. He has over forty years plus experience in the legal profession.

His experience includes matters such as:

• Trusts that do not meet legal requirements
• Incorrectly drafted trusts
• Trust disputes
• Tax issues related to Trusts
• Succession Trust matters in Estate Planning
• Tax and Trusts in Deceased Estates
• The drafting of wills
• Will disputes
• Probate
• Probate disputes

Qualifications:

• Law qualifications in seven countries (South Africa, Australia, New Zealand, America, Israel, England and Lesotho)

Achievements:

• Admitted Attorney, Solicitor and Barrister
• Registered as a Master Tax Practitioner with the South African Institute of Tax Practitioners
• Member of the Law Society of South Africa’s committee on Trusts and Estates
• Admitted as a member of the International Society of Trust and Estate Practitioners (STEP)
• Admitted as a member of the Association of practicing Attorneys in the United States of America, specializing in Estate Planning and awarded a JD (Juris Doctor)
• Former Chairperson of the International Society of Trust and Estate Practitioners, Johannesburg Branch, South Africa (STEP)
• Admitted as academician of the International Academy of Estate and Trust Law
• Former member of the Law Society of the Northern Provinces Deceased Estates Committee
• Appointed as trustee, protector and executor in numerous trusts and estates, participating in the structuring, administration, interpretation and resolution of disputes in regard to trusts and administration of estates
• Past Chairperson of the committee on Trusts and Estates (Estate Planning) of the Gauteng Law Council
• Past Convenor of the Trusts and Estates Committee of the Life Underwriters Society of South Africa (LUASA)
• International trusts and estates- attended to the creation and administration of trusts, advising on investments of wealth in the trust structures and acting as an executor
• Extensive experience in creating Estate Plans, advising on Trust tax issues, administering trusts, conducting trust litigation and generally solving Trust matters
• Practising attorney and head of law firm specializing in Estate Planning from 1980-2018
• Former Member of FISA (Fiduciary Institute of Southern Africa)
• South African Trust & Estates law expert for Global Law Experts (GLE)
• Award winning Trust Disputes Lawyer of the Year in South Africa – 2018 by Global Law Experts (GLE)
• Received the Best Lawyers awards as a best Trust Lawyer in South Africa for 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and 2017
• South African Trust & Estates law expert for Advisory Excellence.

Presentations:

• Convenor and presenter of seminars on Trusts and Estates for Attorneys
• Conducted seminars for Financial Planners on Estate Planning, Trusts, Wills and Estates
• Lectured for L.E.A.D (Legal Education and Development) to attorneys on Trusts and Tax in Johannesburg, Cape Town, Durban, Bloemfontein, Port Elizabeth and East London
• Designed an Estate Planning, Trusts and Estates course for Financial Planners accredited by the Financial Planning Institute in South Africa

Articles & Letters:

• Contributing columnist on legal articles, including Trusts and Estates, for the Gauteng Law Councils publication
• Appointed as the lead editorial member for the South African Johannesburg branch of the Society of Trust and Estate Practitioners (STEP)
• Contributing columnist on articles on Trusts and Estates for “ AVANTI” the international publication of Europe, Mediterranean, Africa & Indian Ocean region committee of The Society of Trust and Estate Practitioners (STEP)
• Contributing columnist on articles on Trust and Estates published in “Insight”, the journal of the Association of Professional Financial Planners
• Contributing columnist on legal articles for the Financial Intermediaries Association of South Africa
• Contributing columnist for De Rebus, the South African Attorneys Journal.

Television Appearances For:

• Red Pepper Productions regarding Wills and Trusts
• Summit TV regarding Essentials of Estate Planning, Reducing Taxes through proper Estate Planning & Offshore diversification.

Radio Interviews For:

• 702 station.

Catherine Warburton

Catherine Warburton has more than twenty years of practical experience in the relatively new field of sustainability law in South Africa. Her experience has been mainly developed across a broad spectrum of infrastructure development and mining projects. She has also assisted NGO groups and government with legal advice and has provided input into governmental policy development in South Africa. Catherine has been involved in the environmental legal aspects of the Gautrain Project as specialist advisor since 2002 and has advised on a number of development projects and climate and energy related projects.

Whilst working as in-house Environmental Legal Counsel for Anglo American she completed a two and a half year international sustainable development training programme in 2001 entitled LEAD i.e. Leadership for the Environment and Development. In 2012 Catherine completed a Sustainability Reporting Course, certified by the Global Reporting Initiative (GRI). In 2013 she completed the GRI Certified Course based on the G4 reporting guidelines. Catherine completed her dissertation for her Master of Laws at Wits University in 2014 with distinction. The title of her dissertation was, “Evaluating South African EIA processes in the context of the Gautrain Project”.

Catherine has developed specific expertise in the area of climate change. She has attended UNFCCC meetings as a South African business representative and has worked on greenhouse gas mitigation and reporting projects in South Africa. She presents papers and training courses on a wide range of sustainability legal issues in South Africa. She provides strategic legal advice at the Board level, is currently advising on a number of mine closure projects and is acting in a criminal environmental prosecution.

From 2007 – 2012 the Practical Law Company in London rated Catherine as a “highly recommended” attorney in the field of environmental law in South Africa. From 2013 – 2017 Catherine Warburton has been listed as one of the Best Environmental Lawyers in South Africa by Best Lawyers SA, as published in the Business Day. She was ranked in the Chambers & Partners Guide (Environmental) on Band One in 2016, 2017 and 2018 and Who’s Who Legal (Environmental) and Who’s Who Legal (Mining) in SA in 2015, 2016 and 2017. The Chambers 2018 Guide indicates that she has an “incredible reputation” and describes her as an “extraordinary lawyer: a class act who is technically good, meets deadlines and keeps abreast of the law”. Catherine serves as the vice-Chairperson of the Law Society of South Africa’s Committee for Environmental Law and has been a member of the Gauteng MEC’s External EIA Appeals Advisory Panel from April 2015.

Warburton Attorneys:

Warburton Attorneys is a Johannesburg based law firm providing specialist sustainability legal services to the South African and international markets. Our Attorneys specialise in environmental, energy, mining and health & safety law.

About Us:

Warburton Attorneys was established in 2000 and specialises in the dynamic field of sustainability law, focusing on environmental law, energy law, mining law and policy as well as occupational and mine health and safety law. All of Warburton Attorneys’ professional staff have general experience in sustainability law as well as their own areas of sub-specialisation.

Dinesh Chaithoo

Dinesh Chaithoo is a professional engineer in the civil engineering discipline with over 22 years of experience. He is also a lecturer at the University of South Africa. As an avid academic, he has authored and presented several papers both locally and abroad. He has worked in many countries throughout Africa and is now considered an industry expert in the roads and transportation discipline as well as infrastructure asset management. He has won four individual global awards (Innovation and Excellence Awards 2016: Excellence in Engineering Consulting Services, International Advisory Experts Awards 2017, ACQ5 Global Awards 2017 & 2018: Gamechanger of the Year (Engineering/Consulting) and is a member of the International Advisory Experts in the fields of civil engineering, project management and transaction advisory services.

Dinesh predicts that the African civil engineering industry will soon follow the trend in the UK, in that management will invest considerable time and resources in health and safety management on infrastructure projects as it does in controlling the projects in general. The management costs of projects will increase in the coming years which is the reason why Dinesh has focussed his attention on infrastructure asset management. Society in general would not be able to function as it does without the work of civil engineers. The infrastructure that they help to build and maintain can benefit communities and individuals for generations to come.

As a mentor and coach, Dinesh hopes that the prospect of encouraging students and graduates to ask questions and work well with people of all ethnic groups and backgrounds, to contribute to the improvement of the built environment infrastructure of the world we live in, shall leave something constructive and a legacy behind.

As a highly capable individual with a strong academic background, Dinesh is proud to announce that he possesses a comprehensive understanding of the technical elements of civil engineering.

Firm overview:

Chaithoo is a firm of engineers, scientists, researchers and project managers with a distinctive focus on meeting the needs of the built environment sector as well as assisting clients to address the full spectrum of infrastructure related challenges in Africa. Chaithoo offers professional expertise and quality service that responds to the needs of the current and future requirements of the built environment industry and other sectors, with pro-active and innovative solutions, supporting the principle of responsible and sustainable development, thereby benefitting the client and community needs. Chaithoo brings an unparalleled approach to creating sustainable communities and economies, supported by robust infrastructure and a business environment where people want to be, spaces where people can afford to live, places in which people choose to stay – in short, community infrastructure that work complemented by an exceptional consulting service. Chaithoo (Pty) Ltd recently won the prestigious ACQ5 Global Awards 2018: Consultancy of the Year (Infrastructure Asset Management).