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CURR IC UL U M V ITAE: M I C H E L LE D IA NE SWAIN

Personal I nformation:

Name: M ichelle Diane Swain

Telephone: +27-722******

Email: m abh14f@r.postjobfree.com / m abh14f@r.postjobfree.com

Address: 2 Roosevelt Road, Winston Park, Durban, 3610, South Africa

Date of Birth: 28th A ugust 1984

Nationality: South African

L anguages: E nglish / Afrikaans

Gender: Female

Marital Status: Single

Educational history:

1. Independent examinations board: senior matriculation certificate.

2. Damelin College – completed a diploma in Bcom Marketing & E-commerce with 11 distinctions and an

overall aggregate of 82% comprising of the following in 2003:

• Ms Word

• Ms Windows

• Ms Excel

• Ms PowerPoint

• Ms Access

• Ms outlook

• Business communication

• Economics

• Marketing

• HTML Programming for windows

• Adobe Photoshop 7

• Web design and usability

• Design and layout

• Web marketing & E-commerce

3. University of KwaZulu Natal - completed a bachelors in law which included the following:

2004 2005

Individual society and state Criminal law

Language, text and context Constitutional law

Introduction to law Human rights

Philosophy Interpretations of law

Classical civilisation: justice and society Property

English Delict

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Sociology Family law

Foundations of South African law Law of persons

Legal research, writing and reasoning

Religion and conflict

2006 2007

Accounting for legal practise Administrative law

Contract Insurance and agency

International law Maritime law

Professional training Professional t raining

Succession Sale, lease and credit agreements

Specific offences Income tax law

Property Street law

Criminal procedure Bioethics

Evidence Corporate law

Jurisprudence Civil procedure

Legal diversity Negotiable instruments

Labour law Security and insolvency

Constitutional law

4. LEAD courses – (Legal education and development) in 2008 consisting of the following:

1. Attorneys bookkeeping 2. Commercial contracts 3. Constitutional practice

4. Criminal court practise 5. Forms of business enterprise 6. High court practise

7. Insolvency practise 8. Practice management 9. Labour dispute resolution

10. Legal cost 11. Magistrate’s court practise 12. Motor vehicle accidents

13. Professional conduct 14. Wills and estates 15. Numeracy skills

Post education qualifications:

1. Served two years of articles of clerkship at Tathamwilkes attorneys

Employment

• Tathamwilkes Attorneys

• 2008 – 2011

• General High court litigation with experience in the following fields:

• •

Criminal law Application procedures

• •

Local government work Commercial litigation

• •

Medical negligence Public liability

• •

Divorce law Surrogacy agreement

• •

Personal injury/wrongful death Car, t ruck, motorcycle accidents

• •

Traumatic brain injury Spinal cord injuries

• •

Burns Toxic chemical exposure and birth defects

• •

Product liability and defective I nsurance fraud

p roducts

• Dog and animal bites • Work Accident

• False Arrest • Wrongful conviction

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• •

Gunshots/shooting Assault by State/Police employees

• •

Falls, slipping, or any other incident Landmark case on pot holes

• •

Slander and Libel Physical abuse

• •

Family law Maintenance procedures

• •

Debt collection Insurance law

References: (all contact details are attached to reference letters)

1. Erick Badenhorst (director at Tathamwilkes At torneys)

2. Beryl Carter (director of Carter & Associates)

3. Vash Pillay (associate at Tomlinson Mnguni James Attorneys)

4. Vos Voormolen (advocate at the Durban Bar)

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Our ref:F J Badenhorst/hvw/

Your ref:

24 November 2010

TO WHOM IT MAY CONCERN

RE: MICHELLE DIANE SWAIN

1. Michelle commenced employment at Tatham Wilkes Incorporated as a candidate attorney in

2008. I was not her principal and she was initially assigned to the collections department.

Approximately halfway through 2008 my professional assistant who had been with me for a

number of years due to personal reasons took up a position in Johannesburg. As a result I

required the services of a professional assistant and Michelle for all practical purposes at a

very early stage in her articles took over the position of my existing professional assistant.

2. At the time I was involved in complex and very demanding litigation involving a local high

profile personality which litigation involved documentation running to the tens of thousands

of pages filling in excess of 300 lever arch files of which approximately 27 pertained to

correspondence alone. This litigation took us inter alia to the Natal Provincial Division of the

High Court, thereafter to the Supreme Court of Appeal, the Constitutional Court and back to

the Natal Provincial Division for a full scale trial on quantum resulting in eventual success

and recovery of party and party costs of approximately R5 000 000.00 plus.

3. Throughout this process Michelle assisted me in an exemplary way. The nature of the

demands on time and recourses was exceptional. Instructions included every conceivable

aspect of what an attorney could hope to encounter. In addition the sheer volume of

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documents and witnesses (in excess of 150 of which approximately 80 was initially identified

as expert witnesses) was a significant challenge to meet throughout.

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4. In addition to the above Michelle worked closely with me on a number of other personal

injury matters and in addition to the matter referred to above we successfully concluded 36

trials in 2009 and approximately 24 trials in 2010 including approximately 24 High Court

applications in 2010 for inter alia the Inkatha Freedom Party, The Federal Congress, The

Amajuba District Municipality etc.

5. Michelle was closely involved in all of the above and the eventual success of our efforts

would simply not have been possible without her. In short she was indispensable and I have to

salute her commitment to the many challenges that we had to face over the last 24 months and

I remain extremely grateful for her having been part of my committed support team of

exceptional individuals.

6. My practice is that of a referral practice and Michelle handled many referrals from my biggest

and most loyal clients whom she impressed and who relied on her assistance and guidance

when I was not available or ran out of time or simply could not handle the workload or inflow

of new instructions.

7. In my opinion Michelle is an exceptional individual and a fast learner with the ability to

anticipate risks and act proactively.

8. My practice will be poorer in many ways without her and I wish her success in all her

endeavours. In conclusion I must record that humility and a sense of what is appropriate

prevents me from the temptation to record further details of what I considered the spectacular

results which we achieved over the last 24 months and in respect of which a lot of credit is

due to Michelle.

9. I am confident in recommending her for any position that she finds challenging and in which

she can contribute in her unique and individual manner.

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10. During her time with me Michelle worked closely with a number of individuals and I suggest

that you take the liberty of contacting any one of them should you deem it necessary or

appropriate namely:

• Advocate Maurice Pillemer SC (Tel: 031-***-****)

• Advocate CJ van Schalkwyk SC (Tel: 033-***-****)

• Advocate Vos Voormolen (Tel: 031-***-****)

• Jane Bainbridge (Occupational Therapist) (Tel: 03126 6047)

• Attorney Andre Dreyer (Instructing attorney) (Tel: 034-***-****)

• Attorney Signe Hunt (a cost consultant and in respect of whom you should be able

secure independent confirmation of the details in respect of trials, volume etc.

recorded in this letter)(Tel: 031-***-****)

Yours faithfully

FJ BADENHORST

Attorneys, Nota r ies and Conveyancers. Member of the phatshoane henney group of

P.O. Box 161 Pietermaritzburg 3200 Docex 13 Tel:(033-***-**** abh14f@r.postjobfree.com Reg. No. 1998/015523/21

200 Hoosen Haffejee Street (Berg) Pietermaritzburg 3201 Fax:(033-***-**** www.tathamwilkes.co.za Tatham Wilkes Inc.

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DIRECTORS:

H ugh Maytham Ross Drummond B.Comm, LLB (Natal) Nigel Raymond Tatham B.A. (Cape), LLB (Natal)

Duncan Stewart Har rison B.A., LLB (Natal), MBL (Unisa) Frederick Jacobus Badenhorst B.Iuris, LLB (Stell)

Frans Jacobus Stofberg Lombard B.Proc (PU for CHE) Ingrid Julia Gramkow, B.Soc Sci LLB (Natal)

MmathebeViolet Phatshoane (B.Proc, LL.B, LL.M) Douglas RoyHenney (B.Proc, D ip.Const Li t., Dip.Project Mngment .) Lebogang LesleyMokgoro (LL.B)

PROFESSIONAL ASSISTANTS:

JacobusAndries van der Merwe B.Comm LLB (NWU) I Michelle Diane Swain LLB (KZN)

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