What are the most significant cases and transactions that your legal team has recently been involved in?

On 31 August 2023, the Constitutional Court – South Africa’s apex court – issued a judgement that ended a protracted legal battle with Old Mutual’s former CEO, Peter Mthandazo Moyo, who claimed R250m in damages or reinstatement from Old Mutual following the termination of his employment contract in 2019. This claim was brought in addition to his unsuccessful application to have the OML board of directors removed from office and to have them declared delinquent directors. There was also an unsuccessful application to have the OML board of directors held in contempt of court and imprisoned.

The Court, in a unanimous decision handed down by nine Justices, rejected Mr. Moyo’s application for leave to appeal against a High Court decision which had dismissed his R250m damages claim.

Many lessons were learnt while navigating this litigation which persisted for just over four years, and it is satisfying for the internal legal team that the board of directors was found to have acted completely within the ambit of the law and in the best interests of the company and its stakeholders. The judgements now form part of the jurisprudence in South Africa and are an example of corporate governance and accountability.

Could you share an example of a time when you came up with an innovation that improved how your legal team works and did not come at a large expense?

We introduced a hybrid target operating model for the legal function to ensure that legal risk is appropriately managed across the OML Group of companies which operates in 14 countries.

How do you see the general counsel role evolving in South Africa over the next five-ten years?

General counsel will need to develop skills that will enable them to advise, navigate or best defend businesses in light of the rise of “cancel culture,” artificial intelligence and social media being mobilised as part of the toolkit that is now being deployed in disputes or litigation. If we ignore these challenges and rely only on the court process, we run the risk of judgements being handed down long after a business has closed or suffered significant damage.