Ardilah Mohamed-Mushabe
Attorney
Cape Town
Summary
Dynamic Legal Counsel with expertise in mergers and acquisitions, commercial transactions, compliance and risk management, legal advisory, privacy, contract management, corporate governance and negotiation. Skilled negotiator with proven ability to advise on a broad spectrum of commercial agreements and documents.
Overview
9
9
years of professional experience
1
1
Certification
1
1
Language
Work History
Head of Legal and Compliance
Danone Southern Africa
06.2023 - Current
- Streamlined legal processes by implementing.
- Compliance: implement and embed strategic compliance direction with respect to anti-trust and ethical compliance programmes.
- Draft, advise and review all commercial agreements including trading terms.
- Manage various complex legal projects.
- Oversee legal matters requiring external legal assistance.
- Management of Intellectual Property
- Litigation Management: institute and defend litigation including appointing, briefing of and managing external attorneys.
Executive Head of Legal and Company Secretary
Rex Trueform Group Limited
06.2020 - 06.2023
- Corporate Law: Draft and negotiate contractual arrangements including advising and assisting with company formation, drafting constitutional documentation, shareholder/Joint Venture and concession agreements, partnership agreements, shareholders agreements, memorandum of incorporation's, consortium agreements (and negotiating terms) advising on internal and external stakeholder relationships and advising on various matters relating to the companies act, listing requirements and corporate governance, IP law brand transitions and terminations
- Regulatory and Compliance: developing and implementing compliance universe (for new subsidiaries), compliance programme and reporting requirements, advising on risk mitigating measures, administering regulatory approval (ICASA, competition commission, TRP etc), ensuring that commercial agreements comply with compliance requirements (multijurisdictional), memorandum of understanding, joint development agreements and concession agreements.
- Mergers and acquisitions: including advising on and structuring legal transactions, drafting related agreements, attendant resolutions and undertaking due diligence investigations, reviewing and drafting transactional agreements, letters of intent and associated documentation.
- Company Secretary and Corporate Governance: attending to all JSE Listed company secretarial functions (both primary and secondary listed), attending to board strategic mandate, resolutions, sub-committees, minutes, announcements, JSE circulars, stakeholder management.
- Privacy: develop and implement data privacy policies, protocols, contracts, procedures and terms of use
- Develop and implement privacy compliance strategy across the group (including the water, property, retail, mergers and acquisitions and warehousing sectors).Proactively ensure that enables and facilitates data processing management in a manner that maximizes value and minimizes risk.
- Property: Drafting letters of intent, negotiating commercial lease terms, drafting lease agreements (both short and long term), managing lease agreements.
- Litigation: managing dispute resolution and appointed external legal counsel process including mediation and arbitration
Legal Counsel
The Petroleum Agency of South Africa
03.2018 - 06.2020
- Manage employee related matters including (industrial action and attend to CCMA)
- Formulate commercial agreements (service level agreements, memorandum of understanding, common terms, production sharing agreements joint venture agreements)
- Provide legal advisory services (legal opinions and memorandums) at a group level with a particular focus on matters pertaining to corporate governance, corporate and commercial, mineral and environmental law and employee related law
- Management of legal risk and analysis with minimized risk exposure through careful advice on business operations and strategic plans
- Apprised various parts of the business on potential risks and costs associated with each legal action, litigation or arbitration
- Develop and implement corporate compliance methodology
- Procurement and management of external legal counsel
- Develop, regulate and implement contract management
Deputy Group Company Secretary and M&A Legal
The Foschini Group
02.2017 - 03.2018
- Drafting and reviewing all commercial transactional agreements pertaining to acquisitions (shareholders agreements, memorandum of understanding, memorandum of incorporation, share purchase/share sale agreements, facility agreements)
- Reviewed all commercial contractual agreements across all SADC regions
- Preparing memorandums and opinions on complex transactional aspects
- Liaising with executive directors of both holding company as well as subsidiary companies pertaining to duties as per jurisdictional legislative requirements
- Implementing corporate governance imperatives as per JSE Listing requirements
- Conducting and managing all training aspects for non-executive directors relating to the Companies Act and fiduciary duties
- Monitor the impact of new legislation on relevant business units in multiple jurisdictions
Candidate Attorney
Fasken Martineau Department
01.2015 - 01.2017
- Participation in negotiating and drafting various agreements and corporate documents
- Actively drive all M&A transactions, restructures, acquisitions and corporate matters and managing corporate social responsibility as per legislative requirements (community development agreements)
- B-BBEE transactions and commercial structuring
- Incorporating multiple subsidiaries for a group entity and ensuring compliance with JSE listing requirements
- Managing all litigation and associated legal documents (pleadings and founding papers) and managing the trial process, arbitration or mediation
- Reviewing all revolving faciliity agreements,common terms agreements, letter of intents and related security agreements
Education
Masters of Law - Commercial Law
University Of Cape Town
Bachelor of Law - Law
University Of Johannesburg
High School Diploma - undefined
Marian College, Marist Brothers
Skills
Compliance Management
Legal Advisory
Legal due diligence
Litigation
Commercial Agreement drafting
Corporate Governance/ Company Secretarial
Risk Advisory
Certification
Admitted Attorney
Accomplishments
- Being invited as a speaker for the "Mineral law seminar" held at Midrand Gallagher Estate
- Having an article published alongside Godfrey Malesa by the Energy and Natural Resources Law Institute of the Centre for Commercial Law Studies at the Queen Mary University of London
- Within the context of a mining commercial transaction I advised a traditional community with regards to the successful corporatisation of their affairs. This assisted the client to be able to separate its administrative arm from the business arm, and thereby optimising the client's potential in respect of its business affairs
- Within the context of a mining commercial transaction I advised a traditional community who acquired a 26% participation interest in the business of a JSE listed entity
- Assisting a mining company with the compilation of a social and labour plan and further overseeing the implementation thereof
- Facilitated the development and implementation of a procurement and supply chain vendor application framework for the Petroleum Agency of South Africa
- Preparing documents for purposes of litigation pertaining to the Continental Shelf Claim at the United Nations General Assembly
Affiliations
- Member of the Law Society Northern Provinces in the capacity of being an admitted attorney
- Committee member of Women in Mining South Africa
Community Service
- Yakha Isizwe Business Law Clinic in alliance with University of Johannesburg. During my time at Fasken Martineau I was actively involved in assisting entrepreneurs in the drafting, reviewing and negotiation of corporate documents such as their shareholders agreements, memorandum of incorporations, confidentiality agreements and service level agreements.
- Administer the Upstream Training Trust: The Upstream Training Trust promotes the provision of specialist skills in the petroleum industry with the key objective of supporting the ongoing offshore oil and gas exploration in South Africa.
Timeline
Head of Legal and Compliance
Danone Southern Africa
06.2023 - Current
Executive Head of Legal and Company Secretary
Rex Trueform Group Limited
06.2020 - 06.2023
Legal Counsel
The Petroleum Agency of South Africa
03.2018 - 06.2020
Deputy Group Company Secretary and M&A Legal
The Foschini Group
02.2017 - 03.2018
Candidate Attorney
Fasken Martineau Department
01.2015 - 01.2017
Masters of Law - Commercial Law
University Of Cape Town
Bachelor of Law - Law
University Of Johannesburg
High School Diploma - undefined
Marian College, Marist Brothers
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