Thirosha Govender – GC Powerlist
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South Africa 2025

Industrials and real estate

Thirosha Govender

Group legal manager | Concor

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South Africa 2025

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Thirosha Govender

Group legal manager | Concor

How do you approach managing legal aspects during periods of instability or crisis, and how does your legal strategy align with the broader business strategy to ensure the organisation’s resilience?

Managing legal aspects during periods of instability or crises requires a proactive and flexible approach that not only addresses immediate challenges but also aligns with the broader business strategy to ensure long-term resilience. The first step is understanding the nature and scope of the crisis which allows for the identification of the immediate legal risks & the mitigation steps to be followed thereafter. I have a set of contingency plans which addresses a range of crisis scenarios such as potential litigation which could create reputational harm. In respect of construction contracts, key clauses such as force majeure, time bars, notice periods, payments, termination, guarantees and liability are highlighted before the commencement of any project so that all teams understand the key provisions and can effectively manage these specialised suite of contracts. Since crisis situations evolve over time, I continuously monitor new developments, regulatory changes, and the organisation’s on-going needs. Post-crisis, I conduct a thorough legal audit to learn from the challenges and experiences. This has improved the way crisis is handled. There are also clear crisis communication protocols that are in place & which is adhered to in the event of a crisis. Our legal strategy during instability or crisis is dynamic and one that is designed to ensure that our company can weather immediate challenges while positioning itself for future resilience. In-house Legal Counsel plays a crucial role in fostering a corporate culture that develops and implements comprehensive polices which meets industry standards and regulatory requirements.
How do you manage and motivate your legal team to ensure high performance and professional growth?

Managing and motivating a legal team to ensure efficient performance and professional growth requires an approach that focuses on both team dynamics and individual development. To this end, I have established measurable goals aligned with the Groups business strategy and strive towards the promotion of accountability. I have an open-door policy & encourage team members to have a voice and ask questions. I believe in setting realistic expectations which aims to ensure that team members are not overwhelmed by an unrealistic workload. I conduct regular check in sessions to assess workload balance which assists in creating efficiency in performance. By empowering my team to continuously improve themselves, I have fostered a culture of efficient performance. I also firmly believe that education is not only for the classroom or universities, it is a lifelong journey. In this regard, I created the “Know Your Rights Campaign” which seeks to educate all employees and management about the legal system and keep them updated with changes in the law. In the words of our late former President Nelson Mandela “Education of the most powerful weapon which you can use to change the world”. No matter what you are fighting for, leading with a sharp mind can create more positive change than running toward challenges with a sharp sword.
What are the main cases or transactions you have been involved in recently?
I have been involved in contract negotiations for wind farm projects in South Africa, power plant projects, social housing developments and mining contracts.
In your opinion, what are the main trends that are salient in your country currently?

In South Africa, there are currently quite a few trends which are shaping the legal landscape. These trends reflect broader changes in governance, business, and societal priorities. B-BBEE remains a central issue in South Africa’s legal framework, with a continued focus on transforming businesses to ensure greater economic participation by historically disadvantaged groups. Legal compliance with B-BBEE requirements is becoming more complex, especially as companies face are required to demonstrate genuine transformation efforts. South Africa’s data protection law which is governed by the Protection of Personal Information Act No.4 of 2013 (POPIA) regulates the collection, processing, and storage of personal data. POPIA has become a major legal consideration for businesses. Organisations are required to implement robust data protection practices, and failure to comply can result in significant fines or ten year imprisonment. South Africa’s legal system continues to deal with the long-lasting impacts of corruption scandals. The newly elected Government of National Unity (GNU) has been taking a tougher stance against fraud, corruption, and unethical business practices. Laws and regulations are being strengthened to enforce corporate transparency, for example, the Companies Amendments Act 2024 & the Companies Second Amendment Act, 2024 (collectively the Companies Amendment Acts, 2024) which the President Cyril Ramaphosa signed into law on 26 July 2024 introduces important changes for the corporate landscape especially for public and state-owned companies which creates a new duty on them to prepare a remuneration policy for directors and prescribed officers.

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