Expert Witness in Damages Claim and Mora Interest Arbitration Matter
Kahamelo (mandated by MLS Attorneys) quantified and verified the damages that a Private Security Services Provider suffered due to a State-owned Freight Logistics Infrastructure Company’s repudiation of an agreement between the parties regarding the delivery of security and related services, as ordered by the court. Kahamelo also calculated the Mora interest on the damages in line with the DA Cruz vs Bernardo court case. Annette testified during the Arbitration proceedings as an expert witness for Advocate Cassie Badenhorst SC.
Consequential Damages – Misuse of Company Assets
Kahamelo (mandated by an owner of the South African Coal Mining Company) performed independent verification of the costing/procedures used by the entities within the Group in its coal production process to calculate a claim in relation to the alleged misuse of company assets by various entities/individuals.
Financial Modelling of IDC Loan Agreements
In consultation with Crowe Forensic, Kahamelo (mandated by Eiser & Kantor Attorneys) constructed a financial model to calculate the effects of various scenarios on the financial projection exercise prepared by IDC regarding the advancement and conversion of a loan to Mozambique-based Cement Production Company. Kahamelo was also mandated to provide an opinion on whether, under Section 5(c), an unduly large proportion of capital was required, and on whether, under Section 5(a), the advances on the loans complied with the requirements.
Namibian Civil Damages Claim
Kahamelo (mandated by Delport Legal Practitioners) is currently assisting a Namibian Fishing Enterprise operating in the commercial fishing sector with litigation support and expert witness services by verifying and quantifying the damages suffered due to the reputational damage suffered by the company from unsubstantiated allegations against it.
Consequential Damages – Termination of 30-Year Lease Contract
In consultation with Crowe Forensics, Kahamelo built a financial model that projected and discounted cash flows suffered due to the early termination of a 30-year lease contract pertaining to the development of land entered by a South African Petrochemical Logistics Group and a South African State-owned Freight Logistics Infrastructure Company, in order to calculate the consequential damage suffered by one party in the form of loss of profit. Kahamelo conducted a detailed critique of the counter parties’ methodology to assist the legal team.
VBS Bank – Compilation of Court Documentation
Kahamelo (mandated by Crowe Forensics), assisted Crowe Forensics with compiling sworn statements to be submitted as part of the court documentation.
Expert Witness for Specialist South African Insurance Company
Kahamelo was mandated by Weavind & Weavind Attorneys to quantify and verify the claim against a specialist South African Insurance Company’s Service Provider regarding outstanding premiums for arbitration proceedings based on the Service Level Agreement concluded between the parties and other supporting documentation. Annette assisted Advocate Sarel Wagener SC with expert witness services during Arbitration proceedings (Arbitrator: Advocate Jana van der Merwe).
Expert Witness for Insurance KPI Arbitration Matter
Kahamelo was mandated by Weavind & Weavind Attorneys to verify whether the Key Performance Indicators (KPI’s) stipulated in the parties’ Binder Agreement were met and quantify and verify the claim regarding outstanding premiums. Johan testified during the Arbitration proceedings as an expert witness for Advocate Sarel Wagener SC (Arbitrator: Advocate Louis Harms, former Deputy President of the South African Supreme Court of Appeal).
Expert Witness in Damage Claim Arbitration Matter
Kahamelo (mandated by the Board of Directors) assisted the company with litigation support and expert witness services by quantifying damages and loss of revenue claims relating to supplier disputes with its major Country-wide Product Distributor. Johan testified during the Arbitration proceedings as an expert witness for Advocate Sarel Wagener SC (Arbitrator Advocate Chris Eloff SC).
Ecsponent Limited (JSE-listed)
Kahamelo (mandated by the Board of Directors) carried out a forensic investigation into Ecsponent’s investment in VSS’s (a subsidiary of MyBucks) redeemable preference shares and assisted Ecsponent in drafting a response to the JSE, which is independent and factually supported. Johan also assisted Advocate Anthony Michael SC with damage claim calculations during litigation proceedings.