CURRICULUM VITAE - ABRIDGED

JONATHAN WHITE

Address: 541b Theuns van Niekerk Street, Wierda Park, Centurion, 0157

Phone: 082-***-****

E-mail: adlrbn@r.postjobfree.com

Identity Number: 840-***-**** 081

Nationality: South African

Languages: English / Afrikaans

Driver’s License: Code B

PROFESSIONAL PROFILE

In the years of my employment, which was most part of my legal career, with FJ Jordaan Incorporated, I worked myself up to the position of Director and later shareholder. I remained a committed member of the team throughout my years of service and honed my skills as a Litigation Attorney. I highlight the successful litigation of major contractual disputes under the auspices of AFSA and numerous successful Trials, Opposed Motions, Appeals, Reviews and Urgent Applications as a testimony to both my tenacity and legal acumen. I generated 75% of the firm’s revenue in a boutique firm with three directors.

EDUCATION:

Matric – Clapham High School (2002)

Passed with distinction

LLB - University of Pretoria (2006)

Distinctions in law of contract, labour law and family law, historical foundations of South African

Private Law, Historical conflict and co-operation in South Africa, Legal Pluralism, Legal Practice.

Admitted as Attorney - North Gauteng High Court (25 July 2008)

Admitted as Notary Public – North Gauteng High Court (12 September 2008)

Certificate School of Law – University of Pretoria (December 2007)

Law school for Candidate Attorneys

Certificate in terms of Section 4(2) of the Right of Appearance in Courts Act 62 of 1995 (28 August 2008)

LEAD Certificate in Child Law (21 May 2009)

LEAD Certificate in Legal Writing for Litigation (23 August 2011)

LEAD Practice Management Training Course for Directors (2 August 2012)

AREAS OF EXPERTISE: -

Major construction disputes, litigation and Arbitration.

International Arbitration

Banking and finance law

Commercial matters both contentious and non-noncontentious and both local and international.

Insurance litigation including indemnity and dealing with aspects including liability and quantification.

Personal injury, third party litigation, Road Accident Fund Litigation and medical negligence litigation. These matters are matters that went to trial on the basis of loss as a result of negligence.

Litigation in relation to contracts. The disputes arising from the contracts including breach of contract and the consequences thereof.

Labour Law and Litigation in the workplace, various bargaining counsels and the Labour Court.

Highly skilled in litigation of Arbitrations.

Successful track record in managing and participating in high level corporate projects to quick and effective finalization.

Comprehensive understanding and proven track record in managing litigatious matters in relation to commercial law.

Strong knowledge of divorce and family law matters;

Advanced knowledge of insolvency law – advising clients and drafting the relevant applications to finality.

Strong knowledge in relation to legal recoveries. Consulting and advising clients, drafting of pleadings and application. Managing the entire process from inception to successful finalisation

Accompanying clients in the mediation of disputes.

Sound understanding of advising and drafting of commercial contacts.

WORK EXPERIENCE

The Road Accident Fund: - Legal Cost Officer, (August 2019 to date). South African social security statutory insurer in relation to compensation as a result of the negligent driving of a third party resulting in injury of the claimant.

Responsibilities: -

Attending to the settlement, negotiation and taxation of legal costs.

FJ Jordaan Inc – Senior Associate, Director and Shareholder (January 2011 - October –2018)

748 Stanza Bopape Street, corner Becket Street, Arcadia, Pretoria. Total post admission articles experience twelve years at FJ Jordaan Inc.

Reference:

Frikkie Jordaan – FJ Jordaan Inc 012-***-****.

Responsibilities:

Construction disputes litigation and Arbitration.

Third Party litigation, (RAF litigation)

Insurance litigation.

Medical negligence litigation.

Administration of deceased estates, litigation and advice in relation thereto.

Liquidations and sequestrations.

Management of compliance and risk aspects in in relation to insurance and other legal disputes.

Diverse litigation in relation to family law matters including Rule 43 Applications, maintenance matters, Divorces (both National and International) and Domestic Violence matters.

Litigation of Labour matters including Arbitrations (CCMA and various Bargaining Counsels).

Litigation of commercial matters and general commercial work.

Negotiation of complicated commercial and contractual matters.

Litigation in the High Court and Magistrates Court in various areas including attending to Trials, Opposed and Unopposed Applications, Urgent Applications, Reviews, Appeals.

Managing client’s expectations.

Advising clients of risk in relation to their legal dispute, commercial transaction or contractual obligations, (contractual and delictual).

Attendance to Commercial Arbitrations under the auspices of the Arbitration Foundation of South Africa.

Contractual drafting;

Commercial litigation.

All matters ancillary and incidental to litigation from inception of the matter to finalisation.

Advising on contractual terms, conditions including breach clauses and penalties

Insurance related litigation (motor vehicle collisions acting on behalf of insurers).

General management of a litigation department.

Engela & Gibbens Attorneys – Senior Associate (January 2009 – January 2011)

748 Stanza Bopape Street, corner Becket Street, Arcadia, Pretoria

Responsibilities included management of clients, litigation in the High Court and Magistrates Court including the drafting of pleadings, notices, demands and legal correspondence. Attendance to Family law disputes including divorces, maintenance and domestic violence matters. Labour Arbitrations and CCMA and Bargaining Counsel Appearances.

Bezuidenhouts Hepple Inc (January 2007 – January 2009)

Lougardia Building - Centurion

Candidate Attorney

Responsibilities included collections, consultations with client’s, providing assistance to the conveyancing department, assisting Counsel in the High Court, Magistrate’s Court Appearances including maintenance court, domestic violence court, motions and trials. This practice is no longer trading.

SUMMARY OF MAJOR ACHIEVEMENTS: -

1. Major Opinions written:

1.1CPOD Consulting v Optimum Coal Mine / Optimum Coal Holdings. I advised the client in relation to filing a claim as a creditor in the Optimum Coal Mine business rescue proceedings. The client was the controlling engineering firm in the project to build the Pullenshoop water reticulation plant on the mine. As the business rescue plan of over 500 pages was illogical and not based on actual figures in relation to coal production, I prepared an opinion to the client in relation to objection to the proposed plan. The client was satisfied with the approach and an amended business rescue plan was proposed by the business rescue practitioner.

1.2North Star Alliance Southern Africa (NPC). Opinion in relation to the takeover of the Supervisory Board in Europe. North Star Alliance is a global NGO with its headquarters based in Utrecht, the Netherlands, that acquires funding from corporate giants such as Heineken. It has regional boards in Europe, West Africa, East Africa and Southern Africa and an overarching supervisory board. The NGO’s goal was to provide medical facilities to transient people. The purpose of the opinion was to advise the South African region as to the feasibility and risks involved in the takeover / attempt to take control of the supervisory board and European Board. I advised against the takeover due to possible lack of support on the various Boards in relation to the process.

1.3The Roofing Guarantee Company. The client was Chris Vermeulen who held a minority members interest in the CC (The Roofing Guarantee Company). He was also employed by the CC, advices centred around termination of his employment as well as the disposal of his members’ interest. The matter was settled after negotiations and ENS was my opponent.

1.4Opinion in relation to the Discovery Botswana Copper Mine in liquidation buy out in Botswana with Canyon Capricorn, (Canada) in relation to South African Creditors. The value of claims in relation to the buyout was in excess of one billion US Dollars.

2. Labour Law:

2.1 Acted on behalf of the CCMA Commission Staff Association that is the representative body of the CCMA Commissioners in relation to their members (CCMA Commissioners) disputes with their employer (the CCMA). These matters dealt mainly with substantive private Arbitrations as a result of dismissals for misconduct with the operation of the Protected Disclosures Act. My was opponent Chris Todd head of Dispute Resolution at Bowmans Cape Town. The Private Arbitration was chaired by Roland Sutherland SC who is now a Judge in the Gauteng Local Division on Johannesburg.

2.2 Setlohano v the Department of Social Development. Arbitration in relation to various charges of misconduct including bringing the name of the ANC into disrepute. I acted on behalf of the employee in this matter. The Arbitration ran in Vryburg for three weeks, I represented the employee without the assistance of Counsel. The matter settled and the client retained his job. The matter generated in excess of R300 000.00 in fees to the Practice. My opponent in this matter was Ashley Cook SC of Sandton, Johannesburg.

2.3 Managa v the Department of Public Works. A pre-dismissal Arbitration against the Department of Public Works in relation to tender irregularities and misconduct. The Department of Public Works took over 8 years to charge the client. The matter at that stage turned on a point in limine, in that the length of time it took to prosecute the client amounted prejudice, and as such the charges should be withdrawn. The Ruling is subject to Review proceedings in the Labour Court. My opponent in this matter was Advocate Omphemetse Mooki SC, (a Stanford Alumni) from the Johannesburg Bar.

2.4 Van Vuuren v the Department of Justice and Constitutional Development. The Arbitration centred on an unfair labour practices in relation to benefits. The client was the Chief State Law Advisor in the Human Rights Commission. A ruling on a Condonation Application is the subject to Review proceedings in the Labour Court.

2.5 Damons v the Department of Correctional Services. This Arbitration turned on an unfair labour practice with regards to promotion on Provincial commissioner level. The matter is currently before the Labour Court. My opponent in this matter was Advocate Pat Ellis SC who I later briefed extensively.

2.6 Boshoman v the Department of Health. This matter turned on the whether the failure to translate an employee in terms of an Occupational Specific Dispensation (OSC), from one salary level amounted to an unfair labour practice, dispute of right or interest. I successfully Arbitrated the matter and the Department of Health was compelled to translate the employee to higher salary scale.

2.7 Janse van Vuuren v the Land and Agricultural Land Bank. The matter turned on unfair dismissal as a result of operational requirements. This matter was technical in nature and turned on whether the client’s position was in fact, redundant. The matter is still being litigated and my opponents in this matter were Norton Rose Fulbright.

3. Litigation:

3.1 Ajcor Open Cast Mining (Pty) Ltd v Mbuyelo Coal (Pty) Ltd. Major Arbitration under the auspices of AFSA in relation to breach of contract (repudiation) of a mining agreement. The client’s claim was amounted to 150 million rand. The matter was highly technical involving experts including specialised quantity surveyors, construction geologists, geologists, Health and Safety Experts and financial experts to quantify loss. The matter went on Arbitration and included 30 000,00 pages of discover. I litigated this matter with Advocate Pat Ellis SC and our opponent was Michael Chronis from Norton Rose Fulbright. The matter settled after proceedings went on Arbitration for 6 days, bringing the client a settlement of R30 million rand, and fees for the firm in the amount of R3 000 000.00.

3.2 C-Pod v Optimum Coal Holdings. The trial turned on breach of contract in that the Defendant failed to pay the client professional engineering fees. Werksmans was my opponent. The claim was filed with the business rescue practitioners and now forms a claim in the business rescue process.

3.3 Selfmed v Langeveldt and Nel Attorneys. This was a professional negligence trial and I acted on behalf of Selfmed Medical Aid Scheme. We issued Summons against Langeveldt and Nel Attorneys for failing to claim past medical expenses, as instructed in a matter against the Road Accident Fund. The matter is now subject to Appeal.

3.4 Boshoff Family Trust. This matter was an urgent application for the removal of trustees that were not acting in the interest of trust beneficiaries and failed to comply with the Trust Property Control Act. We successfully removed the trustees on an urgent basis. The fees generated in terms of the matter amounted to approximately R350 000.00 for the practice. I attended to the drafting of the Application and the litigation thereof to the successful conclusion thereof.

3.5 Dr Maureen Allem v Dr Moolman. This urgent application dealt with the enforcement of a restraint of trade. We acted on behalf of the Respondent and were successful in our opposition of the Application to impose a restraint of trade on our client. The basis of the defence was that no restraint of trade flowed from an unsigned agreement and that the Applicants trade secrets were not subject to protection as they were in the public domain. I drafted the papers opposing the Application.

3.6 Rickert v Sutherland High School. We represented the Respondent, (Sutherland High School) in an urgent Application in relation to the refusal of the school to re-enrol the Applicant pupil after he and his guardian had indicated his intention to leave the school for another. The common law was developed via the Constitution to ensure grant the right to basic education to pupils over the age of 15 years old.

3.7 Divorce Larney – major divorce which was settled with a focus on the calculation of the accrual including donated assets, trusts and the valuation of closed corporations.

3.8 Divorce Kritzinger high profile complex divorce in relation to separation of jointly acquired encumbered assets. The parties actions resulted in an urgent application specially related to Facebook defamation.

3.9 AI Equipment v Monaco Casuals – six-day trial where I acted on behalf of the Plaintiff in a matter relating to the law of carriage and insurance. We were successful in the matter with Judgment in our favour.

4. References:-

4.1 Frikkie Jordaan, (Managing Director) FJ Jordaan Inc 082-***-****.

4.2 Advocate Pat Ellis SC on 082-***-****.

4.3 Advocate Liezl Haupt SC (Acting Judge) 082-***-****.

4.4 Advocate Nicole Breytenbach 083-***-****.

4.5 Advocate Hannlie Vermaak 083-***-****

4.6 Dr Laura Nova – (Senior Associate and Law Professor, Fichte & Co Dubai UAE, +971-**-***-****).

5. Key strengths: -

Strong prioritisation and time management skills with a particular focus on meeting deadlines

Used to working under pressure;

Able to cope with ambiguity, contradiction, stress and uncertainty;

Logical approach to analysing problems and determining key issues;

Focus on accuracy and attention to detail;

Excellent communication and presentation skills;

Effective judgment and decision-making skills;

Able to manage, develop and motivate people: good teacher and mediator;

Proactive with a strong focus on success;

Ability to build trust and credibility with managers and employees;

Pro-active, innovative, creative and results driven;

Strong customer focus and experience in recognising customer needs and how to deliver effective customer experiences;

Successful track record in making significant contributions in business growth;

Enthusiastic learner, eager to meet challenges.

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