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1 Company Profile Nonduduzo Kheswa Managing Director Ngubane & Partners Incorporated 101 Mathews Meyiwa Road (ex Stamford hill) Morningside Cell: Tel: Fax: M a t h e w s M e y i w a R o a d, M o r n i n g s i d e, D u r b a n T e l : F a x : E m a i l : m a d o d n g u b a n e i n c. c o. z a W e b s i t e w w. n g u b a n e i n c. c o. z a

2 TABLE OF CONTENTS THE FIRMS OPERATIONS... 4 OUR VISION... 5 OUR MISSION... 5 OUR SERVICE STRATEGY... 5 OUR CORE VALUES... 5 OUR SERVICES... 6 OUR LEADERSHIP... 8 SUPPORT STAFF TECHNOLOGY OUR EXPERIENCE TRANSFORMATION CONTACT DETAILS Page 2 of 19

3 BACKGROUND INFORMATION Ngubane and Partners Incorporated was established in South Africa in 1987 by the late Mr Mvuseni Edward Ngubane and today is one of the leading legal firms providing legal and business related services to clients with a current staff complement that are qualified in the legal profession. Previously the firm had been unincorporated and practised as Ngubane and Partners until its incorporation in Our offices are in Durban KwaZulu-Natal, wherein we now have three directors all with extensive and over 10 years legal experience specialising in providing quality legal advisory services to both private (including individuals) and the public sector. Ngubane and Partners Inc. has three Associates who have extensive legal experience in the areas of the organisations spectrum. Three candidate attorneys also form part of the team. We are a 100% black owned legal firm of professionals from previously disadvantaged backgrounds, that aims to consistently provide high quality corporate legal advisory services to clients in order to assist them find meaningful, practical and bankable solutions to their business and other problems at all times. We understand the importance of not only providing our clients with traditional legal services and opinions but also going a step further by providing strategic insight and recommendations. We pride ourselves in ensuring that clients have ready access to a pro-active service team at all times and assure clients of our commitment to assisting them in making informed and commercially viable business decisions. Page 3 of 19

4 THE FIRMS OPERATIONS LITIGATION: Magistrates Court, High Court, Constitutional Court, Special Tribunals, Arbitration Forums, etc CORPORATE LAW: Formation of companies, close corporations, trusts, partnerships, conduct of due diligence,etc. CONVEYANCING Property transfers, mortgage bonds, advise on property etc LITIGATION: This entails debt collection, bail applications, civil and criminal trials, labour court trials, arbitrations, conduct of disciplinary enquiries.etc. ADMINISTRATION OF ESTATES & PLANNING: Drafting of wills, Curatorship, and Administration of trusts. Drawing Liquidation and Distribution Accounts, and Redistribution Agreements LABOUR LAW, ARBITRATION, MEDIATION & CONCILIATION: Advice on the LRA, Conduct of Disciplinary Hearings, including arbitrations, Mediation and Conciliation. Page 4 of 19

5 OUR VISION To serve with a human touch and soul OUR MISSION To serve honestly expeditiously and punctually putting the interest of clients first OUR SERVICE STRATEGY In every engagement, we will provide quality legal advice to our clients in a way that rapidly secures superior legal service. We keep abreast of the latest developments in law, and to ensure that our clients have access to holistic legal services Our professionals are available to clients beyond the usual business hours as a matter of course. Our support services are also available to clients at all times. OUR CORE VALUES Our distinct feature is our core value system, which is evidenced by the following: INTEGRITY; RELIABILITY, HONESTY, MUTUAL RESPECT, CONFIDENTIALITY to client s information, PROFFESSIONALISM by consistently adhering to the code of legal ethics and moral values, and UNDYING COMMITMENT TO EXCELLENCE. Page 5 of 19

6 OUR SERVICES Our services include Litigation Services Corporate and Commercial Law Constitutional Law Labour Law Estate Law Conveyancing LITIGATION SERVICES Under our Litigation Services practice, we specialise in both civil and criminal courts. In the civil litigation category we include all aspects of Lower and Supreme Courts litigations such as the following: Constitutional Law, Motor Vehicle Collision Claims, Professional Liability, Medical Negligence claims, Arbitration, Special Tribunals and Labour Courts. In the criminal litigation category we include all aspects of Lower and Supreme Courts such as criminal trials and bail applications. We have extensive appearance experience. With our traceable record, Ngubane and Partners Inc. can accordingly assist and represent clients to institute or defend civil and criminal matters. CORPORATE AND COMMERCIAL LAW Our Corporate and Commercial Law, we specialise in formation of companies, close corporations, trusts, partnership and related entities, as well as the drafting of commercial contracts, conduct of due diligence, etc. We furthermore provide professional services relating to the subject of privatisation. Page 6 of 19

7 CONVEYANCING Our Conveyancing work practice entails the registration of Sectional title and conventional transfers, development of share block schemes, conversion from share block to sectional title, township development, mortgage bonds, registration of servitudes and land claims. We also specialize in building and construction law issues, property development law and township establishment. We have 2 Conveyancers, both of whom qualified in ESTATES AND ESTATE PLANNING Our Estates and Estate Planning practice involves the registration of trusts, drafting of wills, creation of trusts and winding up of estates. We also have an insolvency department that deals with both the Liquidations and Sequestrations LABOUR LAW We conduct arbitrations, mediations and conciliations. We provide advice and representation on matters involving any labour related issues. Page 7 of 19

8 OUR LEADERSHIP NONDUDUZO S. KHANYILE - KHESWA, B. Proc, LLB (UNIZULU), LLM (UKZN) currently registered with University of Pretoria for an Advanced Certificate in Insolvency Litigation and Administration Practice. Managing Director ATTORNEY, CONVEYANCER Nonduduzo provides litigation services in most of the Firms key and specialised assignments. She holds B. Proc; LLB degrees from the University of Zululand and LLM degree from the University of KwaZulu-Natal, and she is the Managing Director of Ngubane and Partners Inc. She was admitted as an Attorney in 1997 and Conveyancer in She handles civil matters, Conveyancing, and Corporate law including the drafting of contracts. She leads the Special Accounts, Liquidations, Medical Negligence matters and ethekwini Municipality Rates Department within our firm. She also has a keen interest in corporate governance issues and comes with a wealth of experience as seen below stemming from her being exposed to various institutions. Her responsibilities include inter alia the following: Representing clients on civil and criminal proceedings in the High Court, Drafting corporate contracts, Briefs and consult with Counsel in the High Court, Appears and Assist Counsel in trials; Draws bill of costs and attends to taxation, Perform the transfers of properties, registration of bonds, Provide legal opinion on relevant legislation. Liquidation matters Overall strategic and operational Management of Ngubane & Partners Inc. Having been appointed by the Masters of High Courts in both Durban and Pietermaritzburg, she now also specialises in insolvency work. Page 8 of 19

9 She is a member of the following: National General Secretary of the Black Lawyers Association (BLA) 2011 to date Board member of the Attorneys Fidelity Fund Audit Committee Council member of the KwaZulu-Natal Law Society Member of the Institute of Directors She is a past Board member of Tourism KwaZulu-Natal and having finished 2 terms in June She is a past member of UGU District Valuations Board (KwaZulu-Natal South Coast), a position she vacated in She is also a past Provincial Executive member of South African Woman Lawyers Association (SAWLA) a position she held for two terms as well. Personal details are as follows:- Cell phone No : muke@ngubaneinc.co.za Telephone : Page 9 of 19

10 THAMI TEMBE, B.Proc. (UDW), Certificate in Legislative Drafting, M Com (UKZN) Director ATTORNEY, CONVEYANCER He holds a B. Proc degree from the University of Durban Westville and a Certificate in Legislative Drafting from University of Johannesburg. He is currently in his final stages of his study towards the LLM Degree specialising in Maritime Law with the University of KwaZulu- Natal. He was admitted as an Attorney in 1998 and Conveyancer in He has solid experience in High Court litigation, he being part of a team specialising in High Court civil litigation. He has done property transfer work, attending trials and taxing bills since MARCH 1998 to date. He leads civil litigation in Road Accident matters. He offers Conveyancing and litigation service expertise in most of the Firms key assignments. He also has vast experience in mediation of various matters involving deceased estates, divorces, labour disputes and RAF matters. He is a member of the following: - KZN Law Society Committee on Magistrates Court matters, 2008 to date; KZN Law Society Committee on Road Accident Fund matters, 2010 to date; KZN Law Society Committee on Information Technology since 2008 to date; Law Society of South Africa Committee on Magistrates Court matters, 2001to date; Branch Secretary of the Black lawyers Association, 2008 to 2011; Board Member for the South African Board for Sheriffs, March 2012 to date; Chairperson for the Disciplinary and Compliance Committee of the South African Board for Sheriffs, 1 March to date. Personal details are as follows:- Cell phone No : thami@ngubaneinc.co.za Telephone : Page 10 of 19

11 MADODA NXUMALO, B.Proc (Fort Hare) Director ATTORNEY He holds a B. Proc degree from the University of Fort Hare. He was admitted as an Attorney in Prior to his enrolment at Fort Hare, Madoda had worked in different capacities in the legal sector for a period of seven years His responsibilities within the firm encompass the following Drafting and vetting of commercial contracts Family Law Constitutional Law Labour Law, High Court criminal and civil litigations Taking advantage of the Right of Appearance in the High Courts, he has appeared in Motion Proceedings where the following orders were granted Change of Maritime regime Acceptance of a document as a Will, and Presumption of Death He is a member of the Law Society of South Africa s Committee in intellectual Property and serves on the following KwaZulu-Natal Law Society Committees:- Contingency Committee; High Court Committee; and Ad Hoc Committee to consider Acting Judicial Appointments. He is also a faculty member of the Black Lawyers Association Legal Education Centre for Trial Advocacy Training responsible for training young and aspirant legal practitioners on how to conduct trials. Personal details are as follows:- Cell phone No : madoda@ngubaneinc.co.za Telephone : Page 11 of 19

12 MNQOBI SHABANGU, BA Law, LLB (UDW) Senior Associate ATTORNEY He holds a BA (Law) and LLB Degrees from the University of Durban- Westville. He was duly admitted as an attorney in He appears regularly in the Magistrate s Court. He is part of the team that specialises in Road Accident Fund matters and has experience of 8 years defending the Road accident Fund. He has keen interest in Labour Law, Constitutional law and criminal matters. Mnqobi offers Arbitration, Mediation and Conciliation services expertise in most of the Firms key assignments. Personal details are as follows:- Cell phone No : mnqobi@ngubaneinc.co.za Telephone : CHERYL PILLAY B.PROC; LLB (UDW) Senior Associate ATTORNEY Mrs Pillay holds a LLB Degree from the University of Durban- Westville. She was admitted as an attorney in August Since then she has worked as a Public Prosecutor for the National Prosecuting Authority. She also served an internship with the State Attorney s office. She joined our firm in June 2007 and has a vast experience in civil and criminal litigation as well as labour law. At our firm she litigates civil matters in both the Magistrate s and High Courts. She is an integral part of the team that specialises in defending the Road Accident Fund as the Fund is one of our major clients. Personal details are as follows:- Cell phone No : cheryl@ngubaneinc.co.za Telephone : Page 12 of 19

13 KHANYISANI MANANA B PROC (FORT HARE) Associate ATTORNEY He holds a B. Proc degree from the University of Fort Hare. He was admitted as an attorney in He is currently involved in civil and criminal litigation. He has been appointed to do most litigation for the Road Accident Fund Magistrate court matters. He is seized with most of the firms Estates administration (reporting all kinds of estates and drafting of Liquidation and Distribution accounts & drafting of all kinds of wills) & registration of Trusts. He also has experience in divorces. He also has 3 years experience in Rural Land Management Facility as a mediator on matters affecting farm workers, dwellers, labour tenants, occupiers and farm or land owners under the Department of Rural Development and Land Redistribution. Personal details are as follows:- Cell phone No : khanyisani@ngubaneinc.co.za Telephone : CANDIDATE ATTORNEYS The firm also employs 3 very competent and able candidate Attorneys who are supporting the professional staff. They also have rights of appearance in Magistrate Courts. Other than providing Legal support to the Firm s assignments, they also do most of the research work for the firm Page 13 of 19

14 SUPPORT STAFF Our support staff consists of thirteen dedicated members One Office Administrator One IT Administrator One Receptionist Six Legal Secretaries Two Conveyancing secretaries One Paralegal, and Three Filing clerks/ messengers Page 14 of 19

15 TECHNOLOGY We have kept abreast with the developments and trends in the Information Communication Technology (ICT) We have 7 Laptops and twelve computers with windows vista business as an operating system Multifunction machine - Scanner/copier/fax/printer Four printers Software packages are : Power point, excell Microsoft office Internet and s Short message service Core talk Search programmes : Windeed/Ghost Deed Registration Ghost convey Security System Symantec (firewall, anti-virus, anti-spyware) Router (firewall) Server and Back -up system The server has a built-in back-up system On all PCs there is Cobain back system Offsite hard drive back-up Telephone lines We have 6 (six) telephone lines One is used for the fax line One is used for the ADSL Four are used for calls interactive website Page 15 of 19

16 OUR EXPERIENCE Our experience is diversified, traversing industries in the public and private sectors including the person on the street. Some of our consulting engagements and contactable references include: Ithala Development and Finance Corporation Ms Zamo Mosery (031) We have been doing work for Ithala for the past 5 years and specialising in High court foreclosures, collection matters, vetting of commercial contracts and Conveyancing. The value of the work done to date is about R5 Million ethekwini Municipality Ms P. Lutchmanan (031) We have been collecting rates for the Municipality for the past 8 years and litigate at both magistrate s court and High court. The value of the work done to date is over R7 Million. We are still in the panel to date. Road Accident Fund Inba Govender (031) We were appointed to the panel of the Road Accident Fund in 2000 and we have been doing work both at Magistrate s court and High court for the same period. The value of the work done is over R10 Million. We are still in the panel to date. Transnet Limited Mr Freddy Yawa (011) We have been on the panel for Transnet Limited for the past 5 years and we have been doing civil litigation at High Court on commercial contracts, maritime law and also doing Conveyancing work. The value of the work done is over R2 Million. We are still in their panel. Page 16 of 19

17 TRANSFORMATION Ngubane and Partners Incorporated have always embraced the fundamental principles of employment equity and transformation. We believe that the advancement of previously disadvantaged people is no longer an option but a business imperative for our country. The transformation process at Ngubane and Partners Incorporated is one of the most fundamental processes to uplift the socio-economic conditions in South Africa. Transformation fuels the growth that will sustain the firm, adapts the firm to its environment and results in a firm that epitomises the attributes of its entire people. Transformation at Ngubane & Partners Incorporated is a two-tier approach. The first tier represents Ngubane &Partners Inc. commitment to creating a truly diverse firm through its Employment Equity process. The second tier represents Ngubane & Partners Inc. recognition of its role towards social upliftment through its Community Involvement initiatives. As a result we have a female managing director, one female senior associate and two female candidate attorneys. Of the thirteen support staff members, eleven are females and they undergo training from time to time. Through the same initiative, Ngubane and Partners has appointed a Skills Development Facilitator to further develop and empower its staff members through SASSETA. EMPLOYMENT EQUITY Employment Equity is one of the key aspects of the firm s transformation process. It involves the process of sourcing and retaining the best talent for the firm. It also provides conditions for all people to achieve their personal goals and full potential. A major focus is on reversing the inequalities suffered by women. It also involves recognising inherent disparities of our legacy and the diversity of our backgrounds. Employment Equity is therefore a process that ensures that the firm reflects the country s demographics in its profile. Employment Equity underpins the firm s business goal of reinventing ourselves and supports the firm s core value of integrity. The key aspects of Ngubane Inc. Employment Equity process are recruitment, retention, development programmes, and cultural exchange. Page 17 of 19

18 SOCIAL RESPONSIBILITY Overview At Ngubane and Partners Incorporated, we believe in our core values and the need to invest and make meaningful difference within the communities we live in and do business. Our Social Responsibility programmes range from pro-bono legal assistance to the development, upliftment and transformation of communities through our Social Responsibility Programmes and Projects. Pro Bono Legal Services Ngubane and Partners Incorporated is committed to respecting and promoting the rights entrenched in the Bill of Rights of the Constitution of the Republic of South Africa. As a corporate citizen, Ngubane and Partners Incorporated is committed to facilitating the access to justice for the disadvantaged and vulnerable, and promoting legal services to individuals and non-profit organisations. Every Lawyer in the firm is called to make a contribution to pro-bono which offers them the opportunity individually to fulfil their social responsibility commitments. Our young lawyers and candidate attorneys gain invaluable experience and perspective through exposure to a wide range of pro-bono and human rights matters. Skills Development We continue to be active in practical legal training for black lawyers through the Black Lawyers Association (BLA) and through the Law Society (LSSA). Ngubane and Partners Incorporated has long held the view that upliftment, transformation and empowerment of people from disadvantaged backgrounds can best be achieved by creating opportunities for such people to work and be trained within the firm. Through our Training and Development Programmes, and a twinning arrangement with SASSETA, we have a full process of transfer of skills and expertise to our support staff and candidate attorneys. Environmental Sustainability At Ngubane and Partners Incorporated we recognise the critical importance natural resources have on economic growth and sustainable development. We continually strive to reduce our environmental impact in all areas of our business. To achieve this, we focus our commitment to operate in a responsible way in areas such as: Reduction and efficient use of water, energy and paper Reduction, re-use and recycling of waste Creating an environmental awareness among staff, clients and business partners. Page 18 of 19

19 CONTACT DETAILS For further details on any of the services offered by Ngubane & Partners Incorporated, please contact our office: DURBAN Physical Address: 101 Mathews Meyiwa (Stamford Hill) Road Morning Side DURBAN 4023 Postal Address: P.O Box 1800 DURBAN 4000 Docex Exchange: Docex 360, DURBAN Tel: Fax: Contact: Nonduduzo (Muke) Khanyile - Kheswa Managing Director Page 19 of 19