Mbhayimbhayi Rikhotso
Legal Consultant
Johannesburg
Summary
Accomplished and versatile legal consultant/lawyer with over 23 years of significant compliance in commercial law, corporate finance, and litigation (corporate, civil, and general) at the highest level. Adept at providing client risk reviews and assessments, pay-outs and utilisation of funds to deal with the implementation process, demonstrating awareness of and taking appropriate actions on residuals, recoveries and arrears. In-depth regulatory knowledge of the POPIA, Cybercrimes Act, Companies Act, Consumer Protection Act, PMFA, MFMA, BCEA, and LRA. Ability to conduct due diligence on behalf of clients, monitor and evaluate internal policies and regulations for companies, make recommendations to clients, and settle non-litigious matters before they are set down for trial. Ability to uphold the compliance framework by identifying and assessing controls' effectiveness via engagement with management and developing action plans to address control deficiencies, seeking Senior Specialist/Legal Advisor/Legal Manager/Head-Legal and General Counsel positions in a progressive, forward-thinking organisation.
Overview
23
23
years of professional experience
Work History
Legal Consultant
2 2016 - Current
- Draft and review agreements, produce technically accurate quality standard work, draft technically correct opinions, and review the reports
- Provide strategic corporate counsel and efficient resolution of all legal issues
- Advising, transactions, coordination of dispute resolution and litigation, training non-legal specialists, collaboration with local outside counsels, and staying updated on relevant local laws and regulations developments
- Provide legal advisory and support services in South Africa and ensure adequate legal and contractual risk management
- Assess the legal and commercial implications of contracts and agreements and advise on any risks the client must address
- Manage corporate litigation and legal risk, including but not limited to liaising with external counsel on legal and litigation matters.
Senior Legal Consultant
National Empowerment Fund (NEF)
10.2018 - 05.2019
- Oversaw all commercial and general litigation arising from the NEF, instituted and defended actions on behalf of the NEF in the High Court and other legal forums
- Attended all forms of legal collections on behalf of the NEF
- Drafted settlement agreements, should a deal be reached and made an order of court
- Advised the various departments on all legal issues in the NEF from commercial or any form, drafting, reviewing, advising, and settling all commercial contracts and legal opinions
- Support clients in gathering facts on resolving litigation, subpoenas and complaints, analysing individual disputes and conducting legal research to execute a course of action
- Monitored staff to budget, record hold orders and retention policies, covenant certification processes, legal inventory, knowledge management and business continuation
- Monitored legal and regulatory developments and analysed them legally with required execution.
Attorney (Senior)
Bibi Rikhotso Attorneys Inc
06.2001 - 09.2015
- Providing accurate, timely and practical legal advice to clients, including their legal rights and obligations
- Briefed counsel on all legal matters, suggesting courses of action
- Attended court hearings with counsel when counsel presented evidence to support clients in legal proceedings
- Shaped clients' expectations on what can be realistically achieved and developed and maintained relationships with them
- Researched evidence that will back up a client’s case and precedents in law libraries and then used the findings to provide a defence for their clients and support their cases in court
- Involved in out-of-court settlements and assisted counsel in preparing arguments to be heard in a trial
- Prepared questions to ask witnesses and interviewed witnesses, defendants and clients
- Appeared before legislative and regulatory bodies or government agencies and served as an intermediary between counsels and clients
- Negotiated with other attorneys, counsels, legal advisors, legal executives, and clients
- Interpret and explain the law clearly to both individual and business clients
- Prepared and drafted legal documents, such as wills, deeds, leases, and contracts
- Drafted, negotiated and advised clients on commercial arrangements and agreements, company law and corporate compliance, including third parties
- Managed the commercial aspects in due diligence, settling disputes and supervising any agreements
- Oversaw all forms of litigation in the High and Magistrate’s court
- Handled foreclosing on bonds, mortgage and notarial on an urgent and non-urgent basis, responded to various insolvency enquiries in terms of the Companies Act, drafted and settled legal opinions in advising the client
- Took instructions on registering mortgage bonds and notarial bonds
- Drafted the necessary bond documents to be handed to the conveyancer for lodgment
- Clients were State-Owned Entities as well as those in the private sector.
Education
Postgraduate Diploma in Law (Information Technology and Telecommunications) -
University of the Witwatersrand
LLB - undefined
University of the Witwatersrand
BProc - Baccalaureus Procurationis - undefined
University of the North (Turfloop)
Skills
Corporate Governance
Due Diligence and Litigation
Excellent Interpersonal Skills
Legal Compliance
Contract Negotiation
Analytical Skills/Thinking
Mediation
Legal Writing/Drafting
Legal Research
Accomplishments
- Served and currently serving as a legal assessor and chairman for the past 10 (10) years in disciplinary hearings for the Health Professions Council of South Africa (HPCSA).
- Currently a co-opted member of the Committee of Preliminary Inquiry of the Professional Board for Psychology of the HPCSA.
- Currently a co-opted member of the Professional Practice Committee of the Professional Board for Psychology of the HPCSA.
- Practised as an individual admitted attorney for 13 years and trained no less than ten candidate attorneys.
Traininganddevelopment
- Certificate in Engineering and Construction Contracts, Law Society of South Africa Legal Education and Development Division (LEAD), 2023
- Candidate: LLM (Research-Cyberlaw), University of Pretoria, Deferred to 2025
References
Available on Request
Additional Information
LLM
Timeline
Senior Legal Consultant
National Empowerment Fund (NEF)
10.2018 - 05.2019
Attorney (Senior)
Bibi Rikhotso Attorneys Inc
06.2001 - 09.2015
Legal Consultant
2 2016 - Current
Postgraduate Diploma in Law (Information Technology and Telecommunications) -
University of the Witwatersrand
LLB - undefined
University of the Witwatersrand
BProc - Baccalaureus Procurationis - undefined
University of the North (Turfloop)
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