B.Com
LLB

Craig Kennedy is a partner in Bowman Gilfillan’s Corporate Department and is the head of the firm’s technology law practice group. Craig joined the firm after five years in London working as legal counsel for a global technology end to end solutions provider which designs, builds and operates world-class technology-enabled business solutions offering Professional Services, IT Services, Process Outsourcing and Contact Services. During his time there Craig was intimately involved in the creation and day to day support of a number of the UK’s leading technology companies, including in the areas of voice recognition and business (user) requirements definition. Prior to that Craig practised for 5 years in the commercial litigation department of an established Durban law firm.

Having worked on the supplier side of transactions, Craig now has a particular interest in advising customers looking to procure services, software and IT solutions from IT suppliers or customers looking to outsource services to third party service providers.

Craig’s recent corporate experience includes advising RMB in relation to their joint venture with Morgan Stanley to create RMB Morgan Stanley Stockbroking and advising EDS in relation to the disposal of 25% of their South Africa interests to a BEE consortium and an employee trust. The commercial matters on which Craig has advised clients include advising UCWP on agreements worth R1 billion relating to the supply of locomotives to Spoornet for use on the Richards Bay coal line, advised SAB in relation to the forward purchase, intake and storage of barley, advising General Motors on an agreement regulating the lease of all IT hardware in South Africa from a global IT hardware supplier, advising PPS on the outsourcing of its IT infrastructure and other significant IT projects, advising BIC on the outsourcing of part of its operations to various key suppliers and advising IBM on the R1billion outsourcing by Safmarine Container Lines of its IT infrastructure to IBM.

In addition, Craig has advised numerous companies in other diverse matters ranging from advice to MTN on its submissions to the Parliamentary Portfolio Committee on Communications regarding the Convergence Bill to regulatory advice to major banks concerning cross border data privacy issues.

+27 11 669 9349
c.kennedy@bowman.co.za

BA LLB (Stellenbosch) LLM (SA) PhD (Witwatersrand)

Daniel Pretorius is the head of Bowman Gilfillan’s public and regulatory law practice group. He specialises in constitutional and administrative law, as well as broadcasting and telecommunications law and judicial review litigation.

Daniel advised the Independent Broadcasting Authority on the licensing of the first private terrestrial free-to-air television service in 1998. After that licence was awarded to e-tv, he twice advised the Independent Communications Authority of South Africa (ICASA) on the amendment of e-tv’s licence. He advised ICASA on the renewal of M-Net’s subscription television broadcasting licence in 2002, and on the renewal and amendment of the SABC’s public sound and television broadcasting licences in 2003 and 2004. In 1999 and 2000, he advised ICASA on aspects of the licensing of the third mobile cellular service. After that licence was awarded to Cell C, he represented ICASA in High Court review proceedings arising from the licensing process, and advised ICASA on the drafting of Cell C’s licence conditions. In 2001, he advised ICASA on the drafting of amended licence conditions for mobile licensees MTN and Vodacom. In 2007, he advised ICASA on its submissions to the Department of Communications on the latter’s digital migration strategy and proposed amendments to the Electronic Communications Act. He has represented ICASA in the High Court, the Supreme Court of Appeal and the Constitutional Court.

In 2002, Daniel advised Nexus Connexion on its successful bid for a stake in the second national operator, Neotel. He also represented Nexus in its judicial review challenge to the Minister of Communications’ decision to award shares in Neotel to bidders that had been rejected by ICASA. In 2005, he advised MTN on its submissions to the Parliamentary Portfolio Committee on Communications regarding the Electronic Communications Bill. In 2003 and 2004, he represented Telecom Lesotho in litigation in the Lesotho High Court against the Lesotho Telecommunications Authority. In 2004 and 2005, he was involved in the drafting of Tanzania’s broadcasting and communications law. In 2006, he drafted legislation providing for the privatisation of Botswana Telecommunications Corporation. In 2007, he advised Vivendi on its proposed acquisition of an interest in Cell C’s ultimate holding company, Oger Telecoms.

Daniel has advised various clients on gaming regulatory issues and has represented them before gambling boards and in litigation concerning gaming and lottery licences. He is also experienced in public procurement law, including the regulatory aspects of public-private partnerships, and has advised on the Public Finance Management Act and the Treasury Regulations.

Daniel has published numerous articles on administrative law, broadcasting law and freedom of expression in some of South Africa’s leading law journals. The Chambers Global publication The World’s Leading Lawyers for Business (2007) recommends Daniel as “one of the best public litigators in the country,” and says that clients appreciate that he “always gives excellent advice and delivers a high-quality product.”

+27 11 669-9381
d.pretorius@bowman.co.za

BA LLB (Wits) MSc in Law and Development (London School of Economics)
Presently completing a H Dip Company Law at Wits

Claire Tucker is a director at Bowman Gilfillan and the head of the Environment, Mining, Energy and Natural Resources practice area. She presently practises primarily in regulatory and environmental law and is widely published on these matters.

Claire has worked on a wide range of regulatory matters including the drafting of laws and regulations, High Court review applications in respect of decisions on regulatory matters, the interpretation and application of statutes as well as commercial and transactional advice. She practises in and advises on all environmental issues, particularly atmospheric pollution prevention, waste regulation, water, land use planning and environmental impact assessments. Claire has a particular interest in the socio-economic aspects of the constitutional right to a clean environment. Her regulatory areas of specialization include access to information, data protection and privacy, medical and pharmaceutical regulation, food safety and international trade, corporate governance and financial services regulation.

Claire obtained a BA LLB from Wits and an MSc in Law and Development from the London School of Economics. While overseas she worked for two years in London at Leigh Day and Co on plaintiff actions against multinational corporations causing damage to people and environments in developing countries, particularly on the Cape plc asbestos case and the Thor Chemicals case. She also spent half a year at the United Nation’s Food Agricultural Organisation in Rome in the Legal Office researching and advising on international environmental law matters.

Practice Focus
• Regulatory
• Corporate Governance
• Environmental and Occupational Health and Safety
• Trade Law and Lobbying advice
• Pharmaceutical
• Information and Privacy
• Financial Services

+27 11 669-9402
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B.Proc
LLB

Hlengiwe is a partner in Bowman Gilfillan Corporate Department specializing in public sector procurement and regulatory law, IT Law, General Commercial and Public Private Partnerships.

Hlengiwe has represented state owned enterprises, government departments as well as international corporations and well known local companies in extremely varied industries including: Broadcasting and Telecommunications, Fuel and Lubricants, Pharmaceutical, Food and Food Processing, Advertising and Communications, Designer Labels and Perfumery and Information Technology and Communications.

Hlengiwe was a member of the task team that drafted the discussion paper on electronic commerce and recently reviewed HANIS (Home Affairs National Identification System) on behalf of the Department of Home Affairs. Hlengiwe has also been extensively involved in the review of the CabEnet Document Management System, Batho Pele Gateway Project and Seat Management System.

+27 11 669-9346
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BA LLB (UCT)
LLM (London)

Livia is a member of the public and regulatory law practice group, specialising in electronic communications and broadcasting and constitutional and administrative law. She joined Bowman Gilfillan as a candidate attorney in 2003 and was admitted as an attorney in 2005. Livia has advised a range of clients, including private entities and regulatory bodies, in judicial review and other proceedings in the High Court, Supreme Court of Appeal and Constitutional Court. Livia has advised the Independent Communications Authority of South Africa on its representations to the Department of Communications with regard to the digital migration strategy to be employed in South Africa, licensing processes, the conversion of licences in terms of the Electronic Communications Act, the amendment of licences and the drafting of regulations. She has also advised numerous private bodies on the regulatory requirements which are applicable in the communications sector. Livia has been involved in advising clients in the banking sector, particularly in relation to the revised banking regulatory scheme which has recently been implemented in South Africa.

+44 (0)207 430-0888
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