Composition of the Firm

Introduction

K&K is a young and dynamic firm offering young and talented people a conducive environment to grow both as attorneys and related professionals. We inspire highly talented workers to join us. One of our primary objectives is to create a high performance workplace where people will choose to work and give unreservedly of their energies…

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Our People are as follows:

In addition to our core team members our firm has access to and periodically in-sources specialized and experienced professionals, depending on the skill-set required for the project at hand. This ensures that we have at our disposal the best available resources for a project, where we need to augment our own repertoire of skills. However,…

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Biographical Details

KHUMISI WILLIAM KGANARE 

Kganare is a qualified attorney of the High Court of South Africa and one of the founding members of K&K. He holds an LLB Degree and a certificate in Practical Legal Training. He successfully completed the European Commission Competition Law Training at the Downing College, Cambridge University, in the United Kingdom. Kganare also completed training on the Identification and Proof of Agreements Under the United States of America’s Anti-Trust Laws (Federal Trade Commission Certificate).

Kganare was selected to undergo a Commercial Law Training Programme organised by the Law Society of South Africa in partnership with the Irish Rule of Law International and the University of South Africa, which entailed 1). A training course held in Pretoria (Preliminary Commercial Law Course undertaken by Irish Rule of Law International and Commercial Law Drafting Course undertaken by the Law Society of South Africa); and 2). Mentorship – assessment and mentoring by experienced South African and Irish commercial attorneys.

Kganare is in the process of completing a Master of Laws Degree, with specialization in Commercial Law (Competition Law, Information Technology Law and Trade Mark Law).

He served internship at PhatsoaneHenney Incorporated (www.phfirms.co.za) and assisted generally in the administration of attorneys’ work which included inter alia Conveyancing, Notary, General Commercial Law (drafting and vetting of contracts), RAF claims, Labour Law, Criminal Law and Civil litigation.

He later served articles at Amos Khumalo Incorporated (www.akinc.co.za) at which firm the areas of legal practice included Intellectual Property Law, Entertainment Law, Civil Litigation, General Commercial Law, and Information Technology Law.

After completion articles, he joined the Mergers and Acquisitions Division of the Competition Commission of South Africa (www.compcomp.co.za) whereat he provided professional services in the investigation and analysis of 22 acquisitions/merger notifications, including presentation thereof at the Competition Tribunal of South Africa. Some of the transactions attracted media coverage owing to their magnitude (such as, Chemical Services Limited/Chemfit Industrial Holdings (Pty) Ltd large merger – Business Day, 17 June 2008 and Old Mutual Investment Group (South Africa) (Pty) Ltd/Futuregrowth Assets Management (Pty) Ltd large merger - Business Day, 19 June 2008).

Kganare then joined the Enforcement and Exemptions Division, whereat he provided professional services in the investigation and handling of section 4, 5, 8 and 9 complaints and exemption applications, including prosecution and settlement of matters at the Competition Tribunal. He was lead legal analyst in respect of some of the major cartel and exemption cases in South Africa (which attracted media coverage owing to their magnitude) such as amongst others, 1). the Bitumen (Black Fuels) Cartel; 2). International Air Cargo Services Cartel; 3). International (Far East Asia) Air Passenger Services Cartel; and 4). Exemption Application (energy sector).

Kganare went on to join Mobile Telephone Networks (Pty) Ltd (“MTN”) and held a Manager position in the Legal and Regulatory Department (Markets and Competition Regulation).

Kganare ultimately joined K&K and consulted on behalf thereof at the South African Communications Forum (“SACF”, www.sacomforum.org.za) on ICT policy, regulatory and legal matters.

Whilst at K&K, Kganare was also on placement in Europe (Ireland) at Beauchamps Solicitors (www.beauchamps.ie) for 3 months in 2014, working primarily with Máire Cunningham (Partner in the Commercial Department). Kganare also supported and worked with other Partners at Beauchamps on commercial matters, including Partner in Commercial Department (Mr. Mark Pery-Knox-Gore); Partner and Head of Intellectual Property/Information Technology (Ms. Maureen Daly); Partner and Head of the Renewables Business Unit (Mr. Ainsley Heffernan) and Partner in Litigation & Dispute Resolution (Ms. Claire Callanan).

During his placement he worked on commercial matters including the following:

• a significant business sale transaction where a Five-Star Hotel & Golf Resort was eventually sold for an estimated 30 million Euros;
• research and memorandum of advice on the impact of Groundless Threats Provisions for Ireland in respect of Intellectual Property (from a United Kingdom perspective);
• commercial transaction leading to the sale of shares in one of renewable energy companies in Ireland;
• review of funding, share subscription and shareholders agreements for Enterprise Ireland;
• update of company share registers;
• preparing for and attending an international arbitration in respect of a commercial dispute regarding a commission agreement and preparing a memorandum of advice at the conclusion of the five day arbitration;
• an exercise with External Auditors from the Institute of Legal Research and Standards – reviewing fee earners’ files in respect of the firm’s overall ethos (aimed at maintaining and/or improving Beauchamps’ standards); and
• guest lecture by Professor Andrew Burrows from Oxford on "Remoteness in Contract: The Rights and Wrongs of The Achilleas" - The School of Law (Private Law Discussion Group), Trinity College Dublin.

After secondment in Europe, he consulted on behalf of K&K at the .ZA Domain Name Authority (www.zadna.org.za) on policy and regulatory matters. The overall purpose of this engagement was for the development, maintenance and execution of regulations, policies, standards and procedures across the ZA namespace in line with ZADNA’s legislative mandate, including the provision of other legal services.

Kganare has extensive experience in commercial law, particularly Intellectual Property Law (non-patent); Information and Communication Technology Law; Energy Law; Competition Law; and Civil Litigation.

Speaker at different forums on legal matters:

• Invited to speak at a Competition Law Forum/Conference scheduled to be held in September 2014. Topic “Competition Law and Business Implications for South Africa”;
• Speaker at the iWeek 2015 Conference held in Cape Town, on Cybersecurity and Trust - Intellectual Property Protection;
• Speaker at the Annual General Meeting of the Law Society of South Africa (“LSSA”) in April 2016, (panel discussion on ‘technology revolution’);
• Speaker on the Protection of Personal Information Act, at the Lex-Informatica SA Cyberlaw / ICT Conference (in association with the African Centre for Cyberlaw and Cyber Crime Prevention) in July 2016. Conference theme: “New Trends in Online Privacy, Domain Names, Cyber-Crime, Cyber-Security, Electronic Commerce, Big Data and Online Surveillance”;
• Speaker at Mail&Guardian’s Legal Disrupted: Legal Tech and Implications, in September 2017, on Leveraging on Big Data Analytics to Transform the Legal Profession;
• Speaker at the Soweto e-Kasi Technology Festival & Gaming Expo in October 2017 on Intellectual Property and e-Kasi Innovation Ecosytem (Technology, Life Sciences and the Law);
• Interview at The 1873 FM’s Pushing the Envelope of Knowledge - Leadership Literacy in November 2014 to speak on matters of leadership with hosts Lucy and Oscar.

Professional activities:

• Professional Member of the Law Society of South Africa;
• Committee Member of the Law Society’s Digital LEADers;
• World Intellectual Property Organisation’s Green Expert;
• Independent Adjudicator for the Wireless Application Service Providers’ Association;
• Member of the Black Management Forum;
• Member of the Black Lawyers Association; and
• Former student member of the South African Institute of Intellectual Property Law.

Awards and achievements:

• Academic Board Representative for the Law Student Council;
• Member of the Executive Committee for the Black Lawyers Association Student Chapter;
• Selected to participate in the Integrated Bar Project (IBP). IBP is a project of the Centre for Human Rights, University of Pretoria in association with Legal Education and Development and the Law Society of South Africa. It places between 100 and 150 senior black law students, from all South African Universities, on June/July holiday internships with South Africa's top law firms;
• Awarded certificates for Best Performer in High Court Litigation and Best Group Spirit;
• Contributed articles for the Competition Commission’s external newsletter;
• Selected to participate in a Commercial Law Training Programme offered by the Law Society of South Africa in partnership with the Irish Rule of Law International and the University of South Africa;
• In the Top 3 (out of 20 individuals) for placement in law firms Europe;
• Appointed by the Law Society of South Africa to present seminars in June and November 2016. Topic: “GET DIGITISED – THE ESSENTIAL TOOLS FOR LAW PRACTICE 2.0I”;
• Mentioned on Business Day’s article in May 2017 titled “Black law firms forced to battle unfair odds - Skewed perceptions of competency and posturing about transformation are just two of the challenges”, written by Lucien Pierce; and
• Featured in Black Business Quarterly Magazine’s 2017 Fourth Quarter Edition. BBQ is a division of Cape Media Corporation and South Africa's premier business-to-business publication that highlights showcases, and celebrates black business excellence.” – www.bbqonline.co.za

VUYANI MADODA KHUMALO 

Khumalo is a qualified attorney of the High Court of South Africa and one of the founding members of the firm. He holds an LLB Degree and a certificate in Practical Legal Training.

He served his articles at Lourens Heppell & Bezuidenhout Incorporated and gained experience in Magistrate Court Litigation (civil and criminal); Processing Third Party Claims; Registration of Close Corporations and Companies; Labour Litigation; Trusts, Wills and Administration of Estates; and conducting legal research.

He later joined Mlangeni Gasela and Magagula Incorporated still as a candidate attorney at which place he was admitted as attorney of the High Court. Khumalo gained experience in High Court and Magistrate Court Litigation (Commercial); Processing Third Party Claims; Registration of Close Corporations and Companies; Labour Law Litigation; Trusts, Wills and Administration of Estates; providing legal opinions and advice in respect of contractual arrangements and legislation; and conducting legal research.
He assisted vastly in the settlement of commercial disputes through processes of negotiations and mediation. He also gave legal opinions on the standing of legal entities and private individuals with regards to the National Credit Act.

Khumalo also chaired disciplinary hearings of both junior and senior employees at private companies.

Professional activities:

• Member of the Law Society of the Northern Provinces;
• Member of the Town Planning Tribunal.

MMATHAPELO MEKGWE 

Mmathapelo in Office Administrator at K&K and is currently completing her Diploma in Law. She worked as a Cashier at Roman’s Pizza and as an Administrator at Better Architectural Projects.
Precious Morake

Precious holds a certificate in Office Administration and is Office Administrator at K&K.

PRECIOUS MORAKE

Precious holds a certificate in Office Administration and is Office Administrator at K&K.

DEPUO MAKUBELA 

Depuo holds an LLB Degree. She previously worked for Foschini as a Sales Consultant. She then joined Crimsonsroom Communications as a Promoter. She later worked as Assistant Librarian at Witwatersrand University. Ms. Makhubela is now a candidate attorney at K&K and supports our team in respect of attorneys’ work and business administration.

Professional activities:

• Member of the Law Society of the Northern Provinces.

Awards and Achievements:

• 18 High School Academic Awards between the period 2005-2009.

BONIWE FAYETI

Boniwe holds an LLB Degree and is completing her Master of Laws in Public Law and Legal Philosophy. Boniwe worked as a Supplemental Instruction Leader at the North-West University’s Academic Development Centre. She later worked as a Cashier at Shoprite, then joined Professional Mobile Mapping as a Fieldworker. Boniwe is now a candidate attorney at K&K and supports our team in respect of attorneys’ work and business administration.

Professional activities:

• Member of the Law Society of the Northern Provinces.

Awards and Achievements:

• Worked as a Student Advisor at the North-West University- Mafikeng Campus Law Clinic in 2016;
• Obtained the Golden Key International Honour Society certificate in 2015;
• Obtained the Supplemental Instruction Leader certificate in 2014; and
• Obtained the Academic Best Performer certificate in 2013.

JEANETTE KGARANE 

Jeanette is Logistics Coordinator at K&K. She holds certificates in call centre management and IT (including personal computing). She is completing her degree in Bachelors of Education.

FEES AND BILLING RATES

Hourly Rate Basis

We charge our fees per hour/daily. In view of the high standard of performance and professionalism guaranteed to our clients, we undertake to make all possible endeavours to be reasonable and flexible in the fees chargeable to the clients noting that each transaction/matter will always differ from the other depending on its nature, volume and complexity. We capture herein below our fee ranges for your kind attention and record:

• Directors/Partners (Junior-Senior):
      o Hourly Rate – R1 200.00 – R3 500.00
      o Dairly Rate – R9 600.00 – R28 000.00

• Associates (Junior – Senior):
     o Hourly Rate – R800.00 – R1 200.00
     o Daily Rate – R6 400.00 – R9 600.00

• Candidate Attorneys (First Year – Second Year):
     o Hourly Rate – R500.00 – R800.00
     o Daily Rate – R4 000.00 – R6400.00

Our rate per hour does not include value added tax and disbursements such as email, photocopies, facsimile, expert fees (counsels, economic consultants, etc.), telephone costs and travelling. Our sundries and disbursements are therefore charged for separately. Depending on the nature, volume and complexity of the matter (including our relationship), the firm will adjust the rates accordingly.

We do not wish fees to be the major factor in our relationship and would therefore appreciate the opportunity to discuss solutions to meet our mutual requirements herein and conclude accordingly.

Retainership Basis

We are also amenable to a retainer arrangement in terms of which our firm is appointed and retained to provide legal services support.

In this regard, K&K is paid a regular fee to reserve the agreed services and to consult whenever necessary all year round, for the duration of our appointment. Incidentally, K&K would:

• Render the agreed services to client;
• Undertake legal correspondence and attend meetings and/or conferences on behalf of or together with client in respect of the agreed services;
• Make itself available to give legal advice on all matters of urgency or to grant conferences/workshops to representatives of client;
• Be under a duty whilst the retainer is in force, not to act for another party in a matter in which it has acted for the client, not to appear in legal proceedings against the client in such a matter, and not to disclose to another party any information of a confidential nature which may come to its knowledge by virtue of the retainer; and
• Exercise due diligence and duty of care as may be expected of legal practitioners over all matters referred to it by the client.

The agreed retainer fee will not include disbursements incidental to the agreement (such as travelling, accommodation, counsel fees, telephone costs, etc.), and will therefore be charged for separately.