Waseeqah Makadam

Director

About

Waseeqah has extensive experience in judicial review litigation, as well as court litigation on public law issues (administrative law and regulatory issues). She regularly advises on shareholder disputes and commercial contractual disputes. She advises across the FMCG, natural resources, construction, energy and banking sectors.

She has been involved in appeals in both the Supreme Court of Appeal advised on matters before the Constitutional Court.

Areas of FocusLitigation, Arbitration and Investigations Class Actions

EXPERIENCE

Advising on the silicosis and pulmonary tuberculosis class action certification proceedings. The matter was one of the largest litigious matters in the country in 2016. This matter is significant as developed our law on class actions, which was relatively under-developed. The Gauteng Local Division (Johannesburg) certified the class action to proceed in May 2016 (Nkala and Others v Harmony Gold Mining Company Limited and Others (48226/12, 31324/12, 31326/12, 31327/12, 48226/12, 08108/13) [2016] ZAGPJHC 97).
Successfully advising the National Energy Regulator of South Africa (NERSA) in the Supreme Court of Appeal (SCA) judicial review of their decision in respect of Eskom's Regulatory Clearing Account (RCA) application, which impacted the price of electricity in South Africa. The Constitutional Court dismissed the applicants' application for leave to appeal (National Energy Regulator of South Africa and Another v Borbet SA (Pty) Ltd and Others (1288/2016, 1309/2016) [2017] ZASCA 87).
Successfully advising NERSA in the Gauteng Division, which OUTA unsuccessfully appealed to the SCA and Constitutional Court, which concerned the interpretation of its powers in terms of the National Energy Regulator Act (Organisation Undoing Tax Abuse v National Energy Regulator of South Africa and Others (24365/2016) [2016] ZAGPPHC 479 [8 April 2016]).
Advising NERSA in the interpretation of the Electricity Regulation Act and the powers of the Minister of Energy, and that of a municipality, in relation to IPPs in the renewal energy space.
Advising a Schedule 2 SOE on its revised Supply Chain Management Policy and Procedure, with a specific focus on the PFMA.
Representing UJ in a number of disputes, including urgent proceedings, in relation to its regulations and policies.
Advising on a banking dispute for the South African Reserve Bank.
Advising on a large-scale construction dispute on an NEC 3 agreement for Anglo America, involving an adjudication, arbitration and High Court enforcement proceedings in Zimbabwe.
Successfully advising in the judicial review proceedings of Valueline CC and others v Minister of Labour and others 2013 (5) BCLR 589 (KZP). In this case, we successfully challenged and set aside the Minister of Labour's decision to extend a collective agreement for the clothing manufacturing industry to non-parties in the Pietermaritzburg High Court. This decision had an enormous impact on the clothing industry in KwaZulu-Natal.
Regularly advising private regulated industries such as the tobacco industry, organs of state and public entities regarding commercial, regulatory, public procurement and administrative law issues.

Languages

Education

University of the Western Cape, LLB, 2009

Awards

The Legal 500 EMEA 2023 recommended Waseeqah for dispute resolution.
Best Lawyers in South Africa 2022 - 2023 recommends Waseeqah for Construction Law.

Memberships And Affiliations

Member of the Golden Key International Honour Society