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SENIOR COUNSEL

Louwrens Malan SC

Year Of Silk:
  • 2002
Email:
  • louwrens@law.co.za
Contact Number:
  • 082 670 4935
Practice areas:
  • Administrative law
  • Arbitration
  • Banking and finance
  • Civil litigation
  • Commercial law
  • Competition law
  • Insolvency and company law
  • Labour law
  • Property law

Brief curriculum vitae:

Louwrens has been in the legal profession for 24 years. He holds BCom (Law) and LLB degrees as well as a Masters degree in Labour Law. He was admitted as an attorney in February 1998 and is also an admitted (non-practising) solicitor of the Supreme Court of England and Wales for 18 years.

Louwrens was called to the bar during 2002 and was admitted as an advocate of the High Court of South Africa in December 2002. He became a member of the Bar in July 2003 and has since been a member of Group 21 for some 17 years. He is also an admitted and practising advocate of the High Court of Lesotho for the past 8 years, where he regularly appears.

While Louwrens has developed a particularly extensive practice in relation to employment law, his area of practice embodies a whole spectrum of commercial work available at the Bar. His practice focuses on commercial matters such as contractual disputes, pension fund disputes, shareholder disputes, disputes concerning directors’ fiduciary duties and liability, restraint of trade and unlawful competition.

Louwrens is frequently briefed by the full range of attorneys’ firms throughout South Africa, including the large general commercial firms and smaller firms with specialised practices. He has appeared in numerous reported judgments of substance, complexity and difficulty.

Louwrens strongly believes that the Bar must play an important role in the provision of access to justice and that doing pro bono work is a key way in which this can be achieved. In this regard, he has acted pro bono as a Judge in the Labour Court several occasions as well as in the High Court to assist with the Court roll which is extremely overburdened, in order to expedite access to justice to members of the public.

Louwrens is committed to serving the Bar and promoting its interests. He has been a member of the Bar Council for two consecutive years during 2011/2012 and 2012/2013 and has actively served on Sub-Committees of the Bar Council for several years. He has also been the pupillage co-ordinator for the Bar as well as for Group 21 for several years. He has been extensively involved in advocacy training for several years.

Louwrens is committed to the imperative of transforming the Bar so that it becomes an institution that properly reflects the demographics of our society. He regards the ongoing establishment and development of transformed groups within the Bar as imperative. He has been actively involved as a member of Group 21’s Transformation Committee and numerous transformation initiatives, including training and mentoring for several years. Louwrens initiated a Student Vacation Programme at Group 21 specifically for previously disadvantaged black students (predominantly female) at the University of Zululand more than 12 years ago that continues to run successfully each year. He has also been a guest lecturer at the University on several occasions over the years.

Academic qualifications:

B.Com(Law) LLB LLM

Society memberships:

South African Society for Labour Law (SASLAW)

Principal reported cases:

South African Law Reports (SALR)

  1. Klimax Manufacturing Ltd & another v Van Rensburg and Another 2005 (4) SA 445 (O) – (application – trade mark infringement)
  2. Strydom v Chiloane 2008 (2) SA 247 (T) – (appeal from the equality court i.t.o. Promotion of Equality and Prevention of Unfair Discrimination Act – hate speech)
  3. Viv’s Tippers (Edms) Bpk v Pha Phama Staff Services (Edms) Bpk h/a Pha Phama Security 2010 (4) SA 455 (SCA) – (legal duty of care to third parties and pure economic loss.)

Industrial Law Journal (ILJ)

  1. Randfontein Estates Ltd v National Union of Mineworkers (2006) 27 ILJ 1200 (LC) – (interpretation of Schedule 1 of the Public Holidays Act)
  2. Workforce Group v Commission for Conciliation, Mediation & Arbitration & others (2008) 29 ILJ 433 (LC) – (review or arbitrator’s decision)
  3. National Union of Mineworkers & others v Chrober Slate (Pty) Ltd (2008) 29 ILJ 388 (LC) – (trial – mass dismissal – unprotected strike action)
  4. Comtech Networking Solutions CC v Director General of Labour N.O. & another (2010) 31 ILJ 600 (LC) – (appeal against compliance order issued by Director General of the Department of Labour)
  5. Ehlers v Bohler Uddeholm Africa (Pty) Ltd (2010) 31 ILJ 2383 (LC) – (Unfair dismissal and unfair discrimination based on sexual orientation – sex change)
  6. Gardner & others v Central University of Technology, Free State (2010) 31 ILJ 2583 (LC) – (review of application – review of decision by university)
  7. NUM obo Gabela v Commission for Conciliation Mediation and Arbitration & others (2011) 32 ILJ 2714 (LC) – (review application – rescission ruling & condonation)
  8. Somi v Old Mutual Africa Holdings (Pty) Ltd (2015) 36 ILJ 2370 (LC) – (urgent interdictory relief – specific performance – breach of contract)
  9. Msikinya v General Public Service Sectoral Bargaining Council & others (2016) 37 ILJ 1457 (LC) – (review of exercise of arbitrator’s discretion concerning relief granted)
  10. Mogwele Waste (Pty) Ltd v Brynard (2016) 37 ILJ 2051 (LAC) – (setting aside of subpoena – irregular and constituting an abuse of process)
  11. Ecolab (Proprietary) Limited v Thoabala & others (2017) 38 ILJ 2741 (LC) – (urgent interdictory relief – restraint of trade)
  12. Workforce Group v McLintock & others (2017) 38 ILJ 2517 (LAC) – (review of application – unfair dismissal – fraud and gross dishonesty)

Butterworths Labour Law Reports (BLLR)

  1. Masstores (Pty) Ltd t/a Builders Warehouse v CCMA & others [2006] 6 BLLR 577 (LC) – (review application – unfair dismissal – driving under the influence of alcohol)
  2. Gold Fields Mining South Africa (Pty) Ltd (Kloof Gold Mine) v Commission for Conciliation, Mediation and Arbitration & others [2009] 12 BLLR 1214 (LC) – (review application – certificate issued by CCMA Commissioner)
  3. Miyambo v Commission for Conciliation, Mediation and Arbitration & others [2010] 10 BLLR 1017 (LAC) – (appeal – review of arbitrator’s decision – unfair dismissal – theft)
  4. Supudu Reuben Matsekoleng v Shoprite Checkers (Pty) Ltd [2013] 2 BLLR 130 (LAC) – (review of arbitration proceedings – refusing to admit evidence on affidavit crucial to case – admissibility of hearsay evidence and weight of hearsay evidence evaluated.)
  5. Matsekoleng v Shoprite Checkers (Pty) Ltd [2013] 2 BLLR 130 (LAC) – (review of arbitrator’s decision – unfair dismissal – theft)
  6. Public Servants Association & another v Director General: Office of the Presidency of South Africa and Another [2015] 7 BLLR 700 (LC) – (review of the decision of State as employer – refusal/failure to pay bonus to employees – review – legality of the decision)
  7. Xstrata South Africa (Pty) Ltd (Lydenburg Alloy Works) v National Union of Mineworkers obo Masha and Others [2017] 4 BLLR 384 (LAC) – (appeal – review application – decision by arbitrator)

Southern African Legal Information Institute (Saflii)

  1. Kritzinger v Commission for Conciliation, Mediation and Arbitration & others (JR 2254/05) [2007] ZALC 85 – (review application – setting aside ruling i.r.o. jurisdiction)
  2. Bezuidenhout & others v Workforce Group (Edms) Bpk & others (A44/2008) [2008] ZAFSHC 47 – (urgent interdictory relief – restraint of trade)
  3. Eskom Limited v Commission for Conciliation, Mediation and Arbitration & others (JR2025/06) [2008] ZALC 92 – (review of arbitration award – unfair dismissal)
  4. National Union of Mineworkers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR1239/08) [2009] ZALC 125 (22 December 2009) – (review of arbitration award – unfair dismissal)
  5. Monty Khadi v Total Lesotho (Pty) Ltd & another LAC/CIV/A/16/2009 (LAC – Lesotho) (2010) – (review of arbitration award – condonation)
  6. Trentyre (Pty) Ltd v Basson and Others (C 873/08) [2010] ZALC 333 (30 November 2010) – (review of arbitration award – unfair dismissal)
  7. BHP Billiton Klipspruit Colliery v NUM obo Dlamini and Others (JR650/10) [2011] ZALCJHB 160 – (review of arbitration award – unfair dismissal)
  8. Matlala v National Commissioner of the South African Police Services and Another (J 2743/11) [2011] ZALCJHB 247 (6 December 2011) – (setting aside of decision by National Commissioner – failure to act in accordance with the provisions of Regulation 13(2) of the SAPS Regulations Governing the imposition of a precautionary suspension.
  9. IEMAS (Co-operative) Ltd v Commission for Conciliation, Mediation and Arbitration & others (JR1180/08) [2011] ZALCJHB 264 – (review of arbitration award – unfair dismissal)
  10. SA Solidarity Union v Iliad Africa Trading (Pty) Ltd & another (JA 1229/10, J1181/10) [2012] ZALCJHB 144 (17 February 2012) – (application for winding-up of trade union)
  11. African Bank v Magashima & others (JR2419/12) [2014] ZALCJHB 298 (5 August 2014) – (review of arbitration award – unfair dismissal)
  12. National Union Mineworkers obo Masha v Metal & Engineering Industries Bargaining Council and Others (JR877/12) [2014] ZALCJHB 269 (18 July 2014) – (review of arbitration award – unfair dismissal – reinstatement)
  13. Workforce Group (Pty) Ltd v Motor Industry Bargaining Council and Others (20076/2014) [2015] ZASCA 66 (15 May 2015) – (amendments to collective agreement – restriction was unlawful at common law because it constituted a trade boycott – ultra vires – provisions of collective agreement in question were in breach of a number of constitutional rights, namely, the right to freedom of association, the right to freedom of trade, occupation and profession, the right to fair labour practices and the right to just administrative action – subsequent events and statutory amendments rendering appeal academic – liability for costs)
  14. Festo (Pty) Ltd v Wesley & others (J2126/15) [2015] ZALCJHB 405 – (urgent interdictory relief – restraint of trade)
  15. Chauke v Pan South African Language Board & another (J1959/2016) [2016] ZALCJHB 490 (13 September 2016) – (urgent interdictory relief – unlawful suspension)
  16. De Villiers v Kapela Holdings (Pty) Ltd & others (42781/2015) [2016] ZAGPJHC 278 – (relief from oppressive conduct – s 163 of Companies Act – whether offer by majority to buy out minority shareholder at fair value forecloses minority’s entitlement to relief)
  17. Moabelo v Gold Fields Group Services (Pty) Ltd (JS492/2015) [2016] ZALCJHB 449 (18 November 2016) – (practice and procedure – applicability of uniform rules of court in Labour Court – Rules 26, 30 and 30A)
  18. Kenco Engineering CC v National Union of Metal Workers of South Africa (NUMSA) obo Members (JA/29/16) [2017] ZALCJHB 274 (1 August 2017) – (appeal – unfair retrenchment – failure to place sufficient evidence before court a quo regarding selection criteria)
  19. DeVere Investments South Africa (Pty) Ltd v Pennell (CA11/17) [2017] (LAC); (11 October 2018) – (appeal – unfair dismissal – unfair suspension – unfair labour practice (promotion) – breach of contract – monetary claims – employment of illegal foreigner – expiry of work permit – contrary to Immigration Act – impossibility of performance – illegal contract)
  20. One Capital Sponsor Services (Pty) Ltd and Another v Chellan and Others (J1572/17) [2017] ZALCJHB 340 – (urgent interdictory relief – restraint of trade)
  21. Pennell v DeVere Investments South Africa (Pty) Ltd (C1009/2014, C330/2015) [2017] ZALCCT 14 (21 April 2017) – (trial – unfair dismissal – unfair suspension – unfair labour practice (promotion) – breach of contract – monetary claims – employment of illegal foreigner – expiry of work permit – contrary to Immigration Act – impossibility of performance – illegal contract)
  22. Khumalo v National Bargaining Council for the Road Freight Industry & others (JR1394/16) [2018] ZALCJHB 58 (2 February 2018) – (review of arbitration award – unfair dismissal)
  23. Koko v Eskom Holdings Soc Limited (J200/18) [2018] ZALCJHB 76 – (urgent interdictory relief – declaring ultimatum issued i.r.o. termination of contract issued unlawful)
  24. Megan’s Nail and Beauty Studio (Pty) Ltd v Ahmed (17063/2018) [2018] ZAGPPHC 242 – (urgent interdictory relief – restraint of trade)
  25. Nchaupa v Tshayana N.O. & ohers (JR1269/2014) [2018] ZALCJHB (12 July 2018) – (review of arbitration award – unfair dismissal)
  26. WNS Global Services SA (Pty) Ltd v Hayes (J961/18) [2018] ZALCJHB 175) (9 May 2018) – (urgent application – interdictory relief – restraint of trade)

Judgments On Line (JOL)

  1. Freitan (SA) (Pty) Ltd v Kingtex Marketing (Pty) Ltd [2006] JOL 15960 (T) – (trial – breach of contract – standard trading terms and conditions recommended by the South African Association of Freight Forwarders applied)
  2. Workforce Group v CCMA and Others [2007] JOL 20597 (LC) – (review application – unfair dismissal)
  3. NUM & another v CCMA & others [2010] JOL 24791 (LC) ) – (review of arbitration award)
  4. Viv’s Tippers (Edms) Bpk v PHA Phama Africa Staff Services [2010] JOL 26237 (T) – (legal duty of care to third parties and pure economic loss.)
  5. Papiyana & others v Master of the High Court and Others [2010] JOL 26559 (GSJ) (10 December 2010) – (application review and set aside decision my Master of the High Court to convene an enquiry and to grant subpoenas in respect of them i.t.o. s 4 17 read with s 418 of the Companies Act 61 of 1973 in respect of the winding-up of the company)
  6. KBC Health & Safety & Security (Pty) Limited v Van Zyl [2012] JOL 28777 (LC) – (urgent interdictory relief – restraint of trade)
Languages:

English and Afrikaans

Appointments:

Acting Judge of the Labour Court of South Africa
Admitted solicitor in England & Wales
Admitted to practice in Lesotho

Publications:

Employment Law

Lectures and Presentations:

University of Zululand – Restraint of Trade & Anton Piller type applications

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