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JUNIOR COUNSEL

André Lamprecht

Year Of Admission:
  • 1999
Email:
  • andrelamprecht@law.co.za
Contact Number:
  • 082 455 7442
Practice areas:
  • Administrative Law
  • Arbitration
  • Bankning and Finance
  • Company Law
  • Insolvency and company law
  • Insurance
Brief curriculum vitae:

André has been in the legal profession since 1990. He holds BA (Law) and LLB degrees as well as a diploma in human rights, having obtained the latter with distinction. He was admitted as an attorney during 1992 and practiced as such for a period of 7 year prior to being called to the bar during 1999. He became a member of the Bar during 1999 and was admitted as an advocate of the High Court of South Africa in December 1999. He has been a member of Group 21 since 2003. He holds an ad hoc admission to appear in the Kingdom of eSwatini, where he has appeared on several occasions, including in the Supreme Court of Appeal. He has also appeared before tribunals such as the National Transport Commission, the Sugar Appeals Tribunal as well as the National Consumer Tribunal.

André’s area of practice embodies a whole spectrum of commercial work available at the Bar. His areas of expertise include arbitrations, administrative law, banking and finance law, commercial law, company law, consumer law, insurance law, insolvency law and mining law. His practice focuses particularly on commercial arbitrations, with emphasis on commercial matters such as contractual disputes, mining related contractual disputes, shareholder disputes, disputes concerning directors’ fiduciary duties and liability, restraints of trade and unlawful competition. He has been involved in several matters concerning particular sections of the Companies Act, 71 of 2008 (such as sections 35 to 41, 57 to 65, 163 and 164) and also has experience in administrative law, with focus on review applications 

André has over the years served on committees of the Bar Council, and was the pupillage co-ordinator for Group 21 for several years.

During 2020 and 2021 he acted as a Judge of High Court (Gauteng Division, Pretoria and Gauteng Local Division, Johannesburg) on several occasions.

He was recommended for the conferment of silk during 2021.

Academic qualification:

B.A (Law); LLB; Diploma Human Rights (Cum Laude)

Languages:

English, Afrikaans

Appointments:

Acting Judge of the High Court, Johannesburg and Pretoria
Ad hoc admission to practice, eSwatini

Principle Reported Cases:

South African Law Reports (SALR)

  1. Union Finance Holdings (Pty) Ltd v Bonugli and Another NNO – 2013 (2) SA 449 (GSJ)  (Extinctive prescription – Whether debts reciprocal — Interdependency of obligations — Agreement for restructuring of loan account by reversal of incorrect entries relating to credits and debits — Reversal occurring ex lege in order to  reflect correct statement of account — No reciprocity of debts resulting in delay of prescription — Prescription Act 68 of 1969, s 13(2) application)
  2. Reezen Ltd v Excellerate Holdings Ltd and Others 2018 (6) SA 571 (GJ) – With CHJ Badenhorst SC – (Company — Shareholder approval for issuing of  shares — Companies Act 71 of 2008, s 41(3) – Provision requiring shareholder consent where voting power of issued shares will exceed 30% of shares currently in class — Transaction in violation of provision void even where board was bona fide and shares sold and issued for adequate consideration)

Southern African Legal Information Institute (Saflii)

  • Otherchoice (Pty) Ltd v Independent Communications Authority of SA and Another (19718/2003) [2006] ZAGPHC 172 (21 April 2006) Whether overseas transmission, in encrypted format, of explicit pornographic television programmes to a geographic target area or “footprint” which is southern Africa, including the Republic of South Africa, enabling members in possession of a smartcard, requires licensing as contemplated in section 32 or 39 of the IBA Act1, 153 of 1993 as amended, and whether applicant’s conduct in broadcasting without a license, amounts to an offence under the Broadcasting Act, 4 of 1999 or under the IBA Act.)
  • Armcoil Afrika (Pty) Ltd v Torre NO and Others (A760/2010) [2012] ZAGPPHC 310 (30 November 2012) – Issue on appeal relating to interest a tempore morae and when party considered to be in mora — court a quo’s decision that appellant was in mora ex re immediately upon non-fulfilment of the suspensive condition would have been to ignore the basis upon which mora debitoris should have been established — appeal upheld with costs.
  • Crawford v JD Group Limited (NCT/26785/2015/141(1)(b)) [2016] ZANCT 22 (20 June 2016) – National Consumer Tribunal – Application in terms of section 141(1) of the National Credit Act, for leave to refer the matter to the Tribunal, following a notice of non-referral issued by the National Credit Regulator, in terms of section 140(1) of the NCA. Whether leave to be granted to Applicant to refer the matter directly to the Tribunal, whether the Respondent has engaged in prohibited practice and whether   the Tribunal can order damages.
  1. Nedbank Limited t/a The Motor Finance Corporation v National Credit Regulator (NCT/31680/2017/140(1)(P)) [2018] ZANCT 89 (28 June 2018) –National Consumer Tribunal – interlocutory stay and separation applications brought by respondent in main application for referral in terms of National Credit Act, whether to be granted inter alia with reference to section 34 of the Constitution and the right to a fair hearing.

Swazi Legal Information Institute (Swazilii)

  • Umcebo Mining (Pty) Ltd v USA Distillers (Pty) Ltd (1890/2012) [2017] SZHC 202 (06 October 2017) –Applicability of Roman Dutch Law in eSwatini and specifically whether section 16 of 4th October 1540 Placaat by Emperor Charles V applicable to plaintiff’s claim, and consequent effect on prescription – “ter slete gelevert” – case law – goods sold not for wholesale but retail – merchandise for consumption – irrespective of quantity – but for consumption; Conflict of laws: – lex fori – placaat 1540 procedural – lex causae – Prescription Act No.68 of 1969 (South Africa) substantive – international law follow procedural rule – where one is procedural and other substantive – gap created – via media approach – cumulative and not alternative; lex fori and lex causae prescription laws – debt not prescribed – pleas dismissed.
  • USA Distillers (Propriety) Ltd v Umcebo (Pty) Ltd (89/2017) [2018] SZSC 28 (24 August 2018) – eSwatini Supreme Court of Appeal – Appeal – private international law and conflict of laws – proper law of contract – Characterization – Via media, ‘gap’, ‘cumulation’ considered; Roman Dutch Common Law incorporating section 16 of the Placaat of Emperor Charles V of 5th October 1540 – Meaning of ‘koopmanschap ter slete gelevert’;Prescription – Applicability of section 16 of the Placaat in ESwatini – Prescription Act No 68 of 1969 of South Africa – Special pleas – Interruption of prescription.

Juta’s Daily Reports (JDR)

  1. Absa Technology Finance Solutions (Pty) Ltd) v Bonugli, Beulah Evelyn NO and Others 2006 JDR 1070 (W) –  Whether, on a proper interpretation of the provisions of rule 13, it is required that a party intended to be joined as a third party, should be made a party to the application in terms of rule 13 (3) (b) or to address or serve the application on such intended third party – whether a notice of intention to oppose a rule 13 application constitutes an irregular step as contemplated in rule 30 (1) and ought to be set aside.

Sugar Industry Appeals Tribunal

Tongaat Hulett Limited v Even Grand Trading 51 CC – With FH Odendaal SC – issue raised related to validity of 15 year cane supply agreement, with defendant relying on defence that same had been novated by agreement subsequently concluded – parol evidence rule considered

 

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