Adv. Nditsheni Raedani is a Practicing Advocate and he is currently a member of Johannesburg Society of Advocatess and LImpopo Society of Advocates. He specialise in tax law, labour law, family law, constitutional and administrative law, and commercial law. He also do arbitrations both commercial and labour law. He also do specialized commercial crimes and has appeared in specialized commercial crimes court. He also practices general criminal law. Apart from the normal High Court and regional Court he has as a specialist appeared in various specialized courts such as the Tax Court, the Labour Court, Land Court and the Election court. He is an experienced investigator. He was previously employed by the Public Protector South Africa(PPSA) as a Senior Investigator: Provincial Investigations (2017-18), Complaints and Stakeholder Management (2015-17) and Administrative Justice Service Delivery (AJSD) (2011-15). Prior to that he was an Investigator for the AJSD. He also acted as a Executive Manager and Senior Manager for Complaints and Stake Holder Management At PPSA he specialized in investigations of complex cases, quality assurance of investigations report and internal review. He is a seasoned Investigator and a Corporate and Tax Lawyer. He has is a well established family lawyer as well constitutional and administrative lawyer. He also worked at the South African Revenue Service as a law Interpreter. He has an intensive understanding of Labour Law and has been sitting of the Public Protector Bargaining Council for more than 10 years. He holds an LLB degree from the University of Fort Hare with distinctions. He is an experienced legal advisor, researcher, legal drafter, quality assure of legal documents, investigator, compliance officer and adjudicator. He has worked for various organizations in the public sector for over 13 years. He is currently pursuing his LLM specializing in administrative law with the University of South Africa. He intends to write a paper on administrative law. One of the highlight of his career at the Public Protector is that he endorsed himself as being the single investigator by to have successfully investigated various cases relating the implementation and interpretation of the Protected Disclosures Act and Protection of Whistleblowers. All reports drafted by Adv. Raedani has not been successfully challenged in court. He also worked as a Company Secretary and Executive Manager of Legal Services for Mangwe Mining Group of Companies were he is reproducible for administration of various boards of companies.
· Providing Legal Support to internal Departments like Human Resources and Corporate Services
· Negotiation of Complex agreement including drafting of commercial term sheet and agreements on behalf of the company.
· Drafting Legal Opinion to advise various boards (for the holding company and SPV) on certain commercial contracts implication.
·Conducting litigation on behalf of companies
· Charing internal disciplinary hearing for junior staff members and initiating disciplinary members for members at my level and above.
· Conducting various investigations against staff members where there are allegation of misconduct.
· Conducting various commercial contract negotiation on behalf of the Chief Executive Officer and/or as directed by the boards (both holding and SPV)
Company Secretariat
· Providing company secretarial services to the Holding, the Special Purpose Vehicle and the Logistic Company.
· Providing the boards and committee meeting administration as required in accordance with legislative requirements.
· Maintenance of statutory records and ensure filings are up to date, accurate, and readily available.
· Managing the registration, the liquidation and/or deregistration of Manngwe Mining Group earmarked companies.
· Providing corporate law and best practice advice and oversee compliance with statutory, corporate regulatory, and internal governance requirements.
· Providing input into corporate documents and agreements that may impact corporate governance.
· Providing guidance on dealing with any failure by the directors, prescribed officers, and trustees of relevant Manngwe Mining subsidiaries to comply with the memorandum of incorporation, the Companies Act, the trust deed, and any other relevant legislation.
· Liaise with internal and external stakeholders.
Conducting litigations on behalf of clients in the High Court of South Africa, Labour Courts, Tax Court, Land Court, Equality Court, the Supreme Court of Appeal and the Constitutional Court specializing in Tax Law, Commercial Law, Constitutional and Administrative Law, Family law , Labour Law and Investigation, and Criminal
Investigations
· Conduct investigations and resolve complaints relating to maladministration in state organs and state owned entities, abuse or unjustifiable exercise of power or other improper conduct or undue delay by persons performing a public function, and any act or omission by persons in the employ of Government which may result in improper prejudice to any person
· Draft investigations plans in respect of each individual investigations and project plans for complex systemic and own initiative investigations
· Conduct Systemic Complex Investigations and own initiative investigations
· Obtain and evidence and analyse evidence obtained during the investigations
· Interview witness
· Conduct inspection in loco on matters under investigation
· Contribution to the management and development of complaints investigation framework and strategy
Drafting Documents
· Drafting of Legal Documents, Investigations Reports, Settlement Agreements, Memorandum of Agreements
· Drafting of memo’s/ speeches/ research documents and presentations to parliamentary portfolio committees (when required)
· Drafting progress report in respect of pending investigations
· Drafting investigations closing letters to organs of state and members of the public
· Drafting documents and legal correspondences on behalf of the Public Protector
Review
· Review cases investigated by other investigators prior in order to establish if the matter was handled properly
· Review cases investigated and completed where there is new evidence available to establish possibilities of reopening the investigations
· Review cases investigated and completed in order to advise the Senior Manager/Executive Manager/ Deputy Public Protector/ Public Protector on the legal implications thereof
Compliance
· Monitor implementations of t recommendations/ remedial actions of the Public Protector in case of a formal report
· Monitor implementations of the terms of the settlement agreement in the of matters resolved through settlement agreement
· Ensure that there is compliance with memorandum of understandings signed between the public protector and organs of states
· Submit report on implementations of remedial actions
Establishment of relations with organs of state
· Engage organs of state to establish formally approved response protocols and signed agreements
Legal Research
· Conduct legal research for formal investigations report, informal closing report and closing letters, memorandum, presentations
· Conduct legal research in order to provide legal advise to the Public Protector/ Deputy Public Protector/Executive Manager/ Senior Manager on specific matters
ADR mechanism implementation
· Initiate hearings, and gather information and facts
· Arrange and chair ADR sessions
· Implement ADR mechanism
· Ensure the signing of settlement agreement
Management
· Management of Investigators, Trainee Investigators and any other junior staff members
· Monitor and evaluate the work of investigators
· Deal with, resolve and rectify complaints, and make presentations
· Generally act without fear, favour or prejudice
· Supervise staff Apply ADR mechanisms
· Mentoring Trainee –Investigators
· Conduct investigations on complaints relating to maladministration in State organs and state owned entities, abuse or unjustifiable exercise of power or other improper conduct or undue delay by persons performing a public function, and any act or omission by persons in the employ of Government which may result in improper prejudice to any person
· Apply ADR mechanisms
· Conduct Legal Research and providing legal advice to state organs when required
· Drafting of Legal Documents Investigations Report (which are similar to Court Judgements).
· Monitor recommendations of the Public Protector
· Initiate hearings, and gather information and facts
· Deal with, resolve and rectify complaints, and make presentations
· Generally act without fear, favour or prejudice
Achievements
Merits Awards 2009/2010
Merits Awards 2010/2011
· The interpretation of legislation and the conducting of research on specific problematic areas of the legislation in order to –
Ø assist with the determination of the official SARS policy on less complex matters;
Ø assist with the drafting of policy documents that require amendments and propose amendments in this regard;
Ø identify deficiencies, loopholes, etc. and advice on the way forward to effectively deal with the matter;
Ø assist with the drafting of guides and user-friendly public documents that educate and provide guidance on the application and interpretation of the relevant law; and
Ø conduct meetings and consultations with representative bodies of various industries with regard to the development of policy.
· Attending of meetings and consultations with internal and external clients, including representative bodies of various industries, with regard to the development of policy.
Providing of advice to branch offices on less complex issues pertaining to the application and interpretation of the legislation. This includes the providing of advice on the finalisation of matters and training on legislative changes.
Conducting Human Rights Workshop, Legal Research, Participation in the Street Law Project, Drafting legal opinions,
Legal Research Skills, Interpretation Skills, Legal Drafting Skills, Public Relations, Communication (Verbal and Written), Analytical and Numerical Skills , Computer Skills (MS Office), Teaching, lecturing and Tutoring Skills, Complaints Investigation skills, Innovative thinking, Report writing and drafting skills , Project management skills; Negotiation and Dispute resolution skills, Mediation and adjudication skills Performance Management Skills Strategic Management Skills Supervising Skill Conflict resolution