THANDI MOKOENA

ADVOCATE THANDI MOKOENA SC

Senior Counsel · Commercial Litigation | Contract Disputes | Insurance Law Advocate of the High Court of South Africa

PROFESSIONAL PROFILE

PROFESSIONAL PROFILE

Thandi Mokoena is a commercial advocate practising at the Johannesburg Bar with eighteen years of experience in complex contractual and corporate litigation.

Her practice focuses on disputes arising from commercial contracts, joint ventures and shareholder arrangements, with particular emphasis on matters involving construction, energy and financial services counterparties. She regularly appears in the High Court, the Competition Appeal Court and arbitral forums under the auspices of AFSA and the ICC.

Thandi was admitted as Senior Counsel in 2022. She has acted in several reported judgments in the area of contractual interpretation and is regularly briefed on urgent applications and interlocutory disputes where a clear procedural strategy is decisive.

Before joining the Bar she served as a candidate attorney at a leading Johannesburg firm, where she worked on cross-border M&A and shareholder activism matters. That commercial grounding continues to inform her advisory work.

KEY STRENGTHS

  • Commercial contract interpretation and disputes

  • Construction and engineering claims

  • Insurance and reinsurance disputes

  • Urgent applications and interim relief

  • Domestic and international commercial arbitration

  • Shareholder, partnership and joint venture disputes

RECENT SELECTED MATTERS

  • Joint venture termination dispute — energy sector

    Acted for a renewable energy developer in a R1.2bn dispute concerning the validity of a joint venture termination. The matter turned on the interpretation of a contractual cure period and was settled on the eve of trial.

  • Construction delay and disruption claim

    Led for an EPC contractor in arbitration arising from a delayed power project. Successfully resisted liquidated damages exceeding R400m on the basis of concurrent delay and prevention.

  • Insurance coverage dispute — business interruption

    Appeared for a national insurer in a coverage dispute concerning business interruption losses following an extended outage event.

  • Shareholder oppression application

    Acted for a minority shareholder seeking relief under section 163 of the Companies Act in a closely-held private company.

  • Urgent interdict — restraint of trade

    Obtained an urgent interim interdict restraining a departing senior executive from joining a competitor in breach of restraint covenants.

  • Cross-border supply contract arbitration

    Junior counsel in an ICC arbitration seated in Johannesburg, governed by English law, concerning the interpretation of a long-term supply agreement.

  • Procurement review — public infrastructure tender

    Acted for an unsuccessful bidder in a review of a major public infrastructure tender, focusing on the rationality of evaluation criteria.

EXPERIENCE

  • Sandton Chambers · Senior Counsel

    2022 – Present

    • Appointed Senior Counsel in 2022 after acting for plaintiffs and defendants in High Court commercial trials

    • Regularly led in multi-counsel trials involving construction, insurance and financial services disputes

    • Appointed amicus curiae in two reported Supreme Court of Appeal matters concerning contractual interpretation

  • Sandton Chambers · Member of the Johannesburg Bar

    2010 – 2022

    • Developed a junior commercial practice with emphasis on contractual interpretation

    • Appeared as junior counsel in arbitrations under AFSA and the ICC

    • Drafted opinions on cross-border commercial structures for institutional clients

  • Johannesburg Bar Pupillage Programme · Pupil Advocate

    2009 – 2009

    • Completed twelve months of pupillage under a senior commercial advocate

    • Passed the National Bar Examination

  • Werner & Hofmeyr Inc. · Candidate Attorney

    2007 – 2008

    • Articled in the corporate and dispute resolution departments

    • Worked on cross-border M&A and shareholder activism matters

COURT ADMISSIONS

  • High Court of South Africa

PROFESSIONAL MEMBERSHIPS

  • General Council of the Bar of South Africa
  • Johannesburg Society of Advocates