Sa'ood Lahri
Director
Norton Rose Fulbright South Africa Inc
Related services and key industries
Biography
Sa’ood Lahri is a director in the Corporate and Commercial Litigation team of Norton Rose Fulbright South Africa . Sa’ood joined the firm as an associate and was admitted as an attorney of the High Court in February 2017.
Sa’ood has a diverse disputes practice, which includes public law (administrative and constitutional law), mining, environmental and natural resources disputes, corporate investigations, risk advisory, domestic and international arbitration (cross-border disputes) and class actions.
Sa’ood has a particular interest in complex cross-border dispute resolution and class actions. He has wide ranging experience in complex commercial and regulatory disputes and has also advised and acted for a variety of global mining houses in disputes arising from mining regulatory matters. He also has experience in conducting complex, intensive and high-volume investigations, and document reviews, including most recently for a global firm in a multi-jurisdictional civil and criminal investigation.
Professional experience
Collapse all- Successfully acted for TotalEnergies Marketing South Africa (Pty) Ltd against Transnet SOC Limited in relation to a complex contractual dispute governing the conveyance of crude oil and the price to be charged by Transnet and paid by TotalEnergies. On 18 June 2024, the High Court of South Africa handed down judgment awarding TotalEnergies damages in the amount of R 2.126 billion (plus interests and punitive cost). Sa’ood has been one of the lead attorneys on this matter since 2017.
- Successfully acted for two global mining houses (applicants) listed in the United Kingdom in novel urgent application proceedings (brought in the Gauteng Local Division of the High Court of South Africa) where an interim interdict (‘anti-suit injunction’) was sought and obtained (under the International Arbitration Act, 2017) restraining the continuation of winding-up proceedings instituted in the Zambian High Court against a subsidiary of the applicants, pending the institution and prosecution of arbitration proceedings to determine the underlying disputes between the parties. Subsequently acted in the international arbitration proceedings instituted under the UNCITRAL Model Law and Arbitration Rules. This was a first of its kind matter in South Africa.
- Acting for certain Glencore Group companies in one of four applications for the certification of a class action brought by Richard Spoor Inc, on behalf of various current and former mineworkers or their dependents), against various groups of mining houses in the coal industry (also including Anglo American, Seriti, South 32, BHP and Exxarro). This matter is extremely high profile and involves numerous complicated and novel issues of law and significant quantum and other liability implications for the mining houses sued. This matter follows on the earlier silicosis class action proceedings involving the gold industry.
- Acting for Thomson Reuters in judicial review proceedings concerning the procurement of the CaseLines product (now called Case Center) by Office of the Chief Justice of the Republic of South Africa. The judicial review proceedings are pending in the High Court, but in the interim a successful outcome has been achieved (through a court order) permitting Thomson Reuters to continue to provide the CaseLines software to the Office of the Chief Justice. This matter has significant implications for the legal profession and the public more broadly, including the proper administration of justice, because the use of CaseLines has become essential (as part of the Court’s broader digital court solution) in the busiest court in South Africa – the Gauteng Division of the High Court (Johannesburg and Pretoria) in relation to the conduct of civil matters. Without CaseLines there would be no end-to-end digital court solution, which at present would mean that almost all civil matters would come to a halt.
- Acting for a major South African bank in an application for a certification of a class action (where significant monetary damages are sought) are brought against the OEM of a certain brand of motor vehicles, several major banks, insurers and dealers. The claimants have alleged that the defendants acted in concert as part of a fraudulent stratagem to increase the sales of motor vehicles to passenger-taxi owners (operating in the South African passenger taxi industry), but were aware that these vehicles were not suitable and safe for use as passenger carrying vehicles. This is a high profile matter in South Africa, because a vast majority of South Africa’s population is reliant on the local taxi industry and are potentially affected by this matter.
- Successfully acted for a joint venture company (Lehlaka Property Development) formed between Glencore and Seriti) in respect of a dispute against the Emalahleni Local Municipality concerning the consumption of electricity by unlawful occupiers at a number of properties owned by Lehlaka. The Municipality had sought to hold Lehlaka liable for the payment of electricity consumed by the unlawful occupiers. Lehlaka was successful in the High Court and the Supreme Court of Appeal. This matter, culminating in the judgment of the Supreme Court of Appeal (reported as: [2024] 1 All SA 1 (SCA)) in favour of Lehlaka, involves complex and novel points law (including at the intersection of private contract law and public administrative and constitutional law) and sets an important precedent regarding the obligations of local municipalities to provide basic services to its constituents and to absorb the costs thereof and the non-liability of private parties in relation to unlawful occupiers for the consumption of basic services such as electricity. The issues and importance of the case are also magnified by the current housing, electricity and cost of living crises in South Africa. This final decision will have significant implications to major mining houses who have operated historically in South Africa, even where the mines have since closed.
- Successfully acted for a property fund listed on the Johannesburg Stock Exchange (Rebosis) and a related group company (Phomella) in administrative law proceedings instituted by the Special Investigating Unit. In the judicial review proceedings the SIU sought to hold Rebosis and Phomella jointly and severally liable for the payment of damages in the amount of R104 million. The High Court dismissed the SIU’s claim. On 3 April 2023, the SCA dismissed the SIU’s appeal (judgment reported as 2023 (5) SA 601 (SCA). The Constitutional Court then refused the SIU’s application for leave to appeal. The matter has significant precedential and public importance in the context of public, constitutional and administrative law in South Africa. The judgment of the SCA deals with a host of constitutional and public law principles, including the powers of the court to order just and equitable relief (including the repayment of monies) in circumstances were a private party is alleged to have been complicit in state maladministration and unlawful conduct (including conduct which might constitute corruption by the State).