Nalo Gungubele

• Drafting and reviewing telecommunications, broadcasting and postal regulations through consultative processes with interested stakeholders
• Conducting market inquiries aimed at addressing issues relating to market inefficiencies and regulatory impact assessments in telecommunications and broadcasting sector
• Tracking legal/policy developments and managing cross-functional teams in preparing ICASA advocacy documents and submissions in response to legislative and policy changes impacting ICASA’s mandate
• Representing ICASA in various national, regional (Southern Africa Development Community, African Telecommunications Union) and international (International Telecommunications Union forums
• Designing licensing processes for high demand spectrum having regard to various policy objectives (e.g., competition matters and bridging digital divide) and stakeholder input which recently raised R14 billion for fiscus.
• Preparing legal opinions in respect of various regulatory matters as they arise.
• Vetting legal documents (incl: license transfer, amendment and renewal applications, confidentiality applications, market inquiry findings documents) and advising Council on various aspects of its legislated mandate
• Engaging with local and international regulatory authorities towards identifying areas of strategic alignment and facilitating cooperation by way of memorandums of understanding.

• Assessing and grading student submissions and providing individualised feedback for six modules.

Provided advice to second largest mobile network operator in South Africa in respect of commercial contractual disputes and regulatory compliance with telecommunications legislation

• Negotiated mutually beneficial terms to settle dispute relating to international telecommunications agreement on behalf of two international telecommunications companies and third largest mobile network operator for transactions worth $ 1 761 628,69
• Advised and compiled two merger filings with cross-border effect for approval by Competition Commission and other African competition authorities on behalf of companies with combined turnover/asset value of ZAR600 million or more
• Advised international client on dispute arising from sale of shares
• Compiled submissions to Independent Communication Authority of South Africa to persuade it on policy positions to adopt in respect of proposed licensing process for IMT Spectrum
• Advised on legal implications and risks associated with organizational restructuring in terms of Labour Relations Act,1995 and common law and provide legal strategy for implementation
• Overseeing, facilitating, and providing strategic input in instituting various court and arbitration proceedings
• Providing ongoing commercial and regulatory assistance to industry representative for medical schemes in various forums, preparing submissions to sector regulator in respect of policy positions being adopted, vetting of all contracts and providing advice in relation to regulatory compliance in relation to Protection of Personal Information Act, 2013 Medical Schemes Act amongst other legislation
• Overseeing and transferring to candidate attorneys in relation to legal and strategic direction commercial disputes form inception to date of hearing
• Directly engage counsel, private and public-sector officials, local and cross-border clients, opponents and third parties
• Contributing to firm earning potential by writing fees in excess of R 1 million
• Regularly engage with Promotion of Administrative Justice Act, 2000, Promotion of Access to Information, 2000, Consumer Protection Act, 2008, Electronic Communications and Transactions Act, 2000; Electronic Communications Act, 2005, Companies Act, 2008.