People

Jeremy Gauntlett SC

Year of Call: 1977 (South Africa), 1994 (England) Silk: 1989 (South Africa)

Clerk: Ian Moyler ian.moyler@brickcourt.co.uk

Jeremy Gauntlett SC

Year of Call: 1977 (South Africa), 1994 (England) Silk: 1989 (South Africa)

Clerk: Ian Moyler   ian.moyler@brickcourt.co.uk

Overview

Jeremy Gauntlett has provided expert evidence on several occasions in relation to South African and Namibian commercial law, law of contract and tort and admiralty law. He practises at both the Cape and Johannesburg Bars, with chambers in both cities.

Jeremy Gauntlett has frequently been leading counsel in the Constitutional Court, the Supreme Court of Appeal, the Competition Appeal Court and the Labour Appeal Court of South Africa, and the High Courts and Supreme Courts of other Southern African countries. He often sits as an arbitrator. He is a Bencher of  Middle Temple.

practice areas

Public law (particularly constitutional, administrative and regulatory law)
Contractual and delictual litigation
Commercial and contractual disputes

Public Law

  •  Arbitrator in IATA contractual and damages dispute between two European airlines, ICC arbitrator regarding Seychelles contractual dispute, counsel in ICC arbitration regarding mobile telephony
  • Leading counsel (with Jeffrey Jowell QC and Adrian de Bourbon SC) through the Southerrn African Development Community international law and human rights Tribunal, and now the African Commission and African Court, for Zimbabwean commercial farmers
  • Led for for Gold Fields Limited in its  successful defence of a hostile merger, and currently for Gold Fields in defending silicosis class action
  • Led for Total in the opposed Sasol - Engen merger proceedings before South Africa's Competition Tribunal , and in many other merger proceedings.
  •  Acted for Minerals Australia, Glencore and the Attorney-General of Namibia  before the Supreme Court of Namibia, and De Beers/Debswana in the High Court and Court of Appeal in Nasmibia
  • Engaged in human rights litigation in South Africa and Namibia prior to democratisation,  and in Zimbabwe since. Counsel in many of the leading cases.
  • Appointed to a general retainer by the government of Namibia after independence, from 1989-1994, acting in a number of constitutional and international law disputes for its President and Attorney-Generall.
  • Acted as counsel on several occasions to the President of South Africa in Constitutional Court litigation, and as a number of Ministries’ leading counsel  in various public-law disputes; also to the United Cricket Board of South Africa in the inquiry into South Africa's match-fixing scandal, and thereafter to the ICB in the dispute relating to the threatened cancellation of the English tour of Zimbabwe
  • Led the team for the South African Minister of Finance in the Commission of Inquiry in 2002 regarding alleged manipulation of the Rand. Leading counsel since for the National Treasury in the electronic tolling dispute through three levels of courts, the proceedings by Comair (British Airways franchisee) against South African Airways, and for the South African Revenue Services
  • Led the legal team in the challenge to the last presidential election in Zimbabwe  in 2008, through the High Court and Supreme Court of Zimbabwe
  • Acted as counsel to High Court judge Paradza in the international tribunal convened to investigate allegations of misconduct on his part
  • Over 40 reported judgments as Judge of Appeal of Lesotho (1996-2010),  and over 300 reported decisions as counsel in South Africa, Botswana, Namibia and Zimbabwe.

Commercial

  • Arbitrator in IATA contractual and damages dispute between two European airlines, ICC arbitrator regarding Seychelles contractual dispute, counsel in ICC arbitration regarding mobile telephony
  • Leading counsel (with Jeffrey Jowell QC and Adrian de Bourbon SC) through the Southerrn African Development Community international law and human rights Tribunal, and now the African Commission and African Court, for Zimbabwean commercial farmers
  • Led for for Gold Fields Limited in its  successful defence of a hostile merger, and currently for Gold Fields in defending silicosis class action
  • Led for Total in the opposed Sasol - Engen merger proceedings before South Africa's Competition Tribunal , and in many other merger proceedings.
  •  Acted for Minerals Australia, Glencore and the Attorney-General of Namibia  before the Supreme Court of Namibia, and De Beers/Debswana in the High Court and Court of Appeal in Nasmibia
  • Engaged in human rights litigation in South Africa and Namibia prior to democratisation,  and in Zimbabwe since. Counsel in many of the leading cases.
  • Appointed to a general retainer by the government of Namibia after independence, from 1989-1994, acting in a number of constitutional and international law disputes for its President and Attorney-Generall.
  • Acted as counsel on several occasions to the President of South Africa in Constitutional Court litigation, and as a number of Ministries’ leading counsel  in various public-law disputes; also to the United Cricket Board of South Africa in the inquiry into South Africa's match-fixing scandal, and thereafter to the ICB in the dispute relating to the threatened cancellation of the English tour of Zimbabwe
  • Led the team for the South African Minister of Finance in the Commission of Inquiry in 2002 regarding alleged manipulation of the Rand. Leading counsel since for the National Treasury in the electronic tolling dispute through three levels of courts, the proceedings by Comair (British Airways franchisee) against South African Airways, and for the South African Revenue Services
  • Led the legal team in the challenge to the last presidential election in Zimbabwe  in 2008, through the High Court and Supreme Court of Zimbabwe
  • Acted as counsel to High Court judge Paradza in the international tribunal convened to investigate allegations of misconduct on his part
  • Over 40 reported judgments as Judge of Appeal of Lesotho (1996-2010),  and over 300 reported decisions as counsel in South Africa, Botswana, Namibia and Zimbabwe.

Qualifications

Degree

Beit Scholar at the University of Stellenbosch

Rhodes Scholar at New College, Oxford

Awarded a Harvard graduate fellowship

Jeremy Gauntlett has provided expert evidence on several occasions in relation to South African and Namibian commercial law, law of contract and tort and admiralty law. He practises at both the Cape and Johannesburg Bars, with chambers in both cities.

He has frequently been leading counsel in the Constitutional Court, the Supreme Court of Appeal, the Competition Appeal Court and the Labour Appeal Court (since 1994), he frequently sits as an arbitrator.

Career

Called in South Africa 1977, took silk in 1989.

Called to the Bar in London 1994 (Gray's Inn).

Door tenant at Brick Court Chambers.

Bencher, Middle Temple.

Former president of the Cape Bar.

National chairman (for three terms) of the General Council of the Bar of South Africa.

Judge of the Court of Appeal of Lesotho from 1996 to 2010.

Appointed to three successive terms as a South African Law Reform Commissioner  (996-2010).

Member of the Council of the University of Cape Town since 1996, and member of its Executive Committee

Chancellor to the Archbishop of Cape Town

Elected to a visiting scholarship at New College, Oxford, and honorary professorship at the University of Stellenbosch.

Publications

He has contributed three titles to South Africa's equivalent of Halsbury, a number of legal articles, and has rewritten (through two editions) former Chief Justice Corbett's work on Damages in South African Law.


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