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Samantha Jane Martin | Maisels Chambers Group 3

Samantha Jane Martin
Called to bar 2011

Samantha has run a general commercial practice for over a decade at the Bar. She is an arbitrator, adjudicator and mediator. She sits on the commercial arbitration panel for AFSA. She has specialist skills in the fields of environmental, construction and intellectual property law:

Environmental law: She has over 20 years’ experience in environmental law in conjunction with international diplomas in international environmental law. She has a Masters’ Degree with Distinction in this field covering mining, water, property law and general environmental law. Her practice has included matters pertaining to environmental authorisations, green crime, wildlife matters, climate change, energy, mining disputes, water and waste.

Construction law: She has over 5 years’ litigation experience in this field. She has trained as an adjudicator and her Doctorate researches the topic of public sector infrastructure projects, government procurement and the interface with environmental legislation. She has experience with adjudications, arbitrations and construction contracts such as the NEC, FIDIC and JBCC.

Intellectual property law: She has experience in litigating before the Companies Tribunal in this field. Samantha also has a Certificate in Advanced Intellectual Property from the Anton Mostert Intellectual Property Law Faculty, University of Stellenbosch covering Copyright law, trade mark law, patent and design law. The topics have included protection of software, performer’s protection, ambush marketing, unlawful competition, counterfeiting, trade mark infringement, domain names, pharmaceutical products and traditional knowledge.

 

LECTURES

Samantha has presented papers at the National Environmental Crimes Conference.

 

NOTEWORTHY JUDGMENTS

Featherbrooke Homeowners Association NPC v Mogale Local Municipality and Others (unreported) case number 1192/2020

  • This matter involved a home owners' association against State Departments. The Applicant sought a structural interdict in terms of the Kenton on Sea Ratepayers Association and Others v Ndlambe Local Municipality and Others (4341/2014)(2016) ZAECGH 45; 2017(2) SA 86 (ECG) (15 June 2016), concerning State responsibilities towards stormwater management and disaster relief management. I represented the Applicant in the matter. The Applicant was successful in the court a quo, and the matter has now been referred to the Full Bench on appeal by Mogale Local Municipality.

Propshaft Master (Pty) Ltd and Others v Ekurhuleni Metropolitan Municipality and Others (33788/17) [2017] ZAGPJHC 270; [2017] 4 All SA 901 (GJ); 2018 (2) SA 555 (GJ) (20 September 2017)

  • This reported decision involved several businesses along a stream known as Eastleigh Stream, against Ekurhuleni Municipality. The Applicant sought a structural interdict in terms of the Kenton on Sea Ratepayers Association and Others v Ndlambe Local Municipality and Others (4341/2014)(2016) ZAECGH 45; 2017(2) SA 86 (ECG) (15 June 2016), concerning State responsibilities towards stormwater management and disaster relief management. I represented the Applicant in the matter. The Applicant was successful in the court a quo.

Moropa and others v Chemical Industries National Provident Fund and others

[2020] JOL 47986 (GJ)

  • This matter pertains to the removal of a Pension Fund Administrator by Trustees and whether such action constitutes Administrative Action. I represented member Applicants in this matter and the member Applicants initially sought an interim interdict and then a review of the Trustees' decision to remove NBC and appoint Akani as pension fund administrators. The interim interdict was granted and the review relief, refused. The matter has now been referred to the Full Bench on appeal by member Applicants and the former Administrator, NBC.

SANCF v Minister of COGTA [2021] 2021-01432 (GJ)

  • This matter pertains to the exercise of religious freedom during the time of a declared disaster, namely COVID. The Applicants argue that the criminalisation of worship by Government is a serious encroachment on religious liberty and a fundamental right protected by the Constitution. Four cases were consolidated where the applicants sought to challenge the COVID disaster regulations that prohibited faith-based gatherings. The applicants ask that the regulations be set aside as inconsistent with the Constitution and for being irrational. These regulations were, however, later amended to allow faith-based gatherings with certain restrictions. Judge Vally supported the Minister’s contention that the cause of the applicants’ complaint has been removed and that the matter is now moot due to the fact that the regulations were repealed on the eve of the urgent relief sought in Part A of the matter. Administrative action The court discussed whether the regulations constitute administrative or executive action; and that the Minister refused the request for the record of proceedings in terms of PAJA on the grounds that the decision to promulgate the regulations is not administrative action; and the pertinent case law. The regulations are found to be no more than an expression of executive policy; that they do not constitute administrative action; and that PAJA has no application. [30]-[40] The applications were dismissed by the court a quo. The matter is being taken on appeal.

 

 

Samantha Jane Martin

Qualifications

B Comm Law (UJ)

LLB (UNISA)

LLM (NWU)

AFSA Certificate in Arbitration and Mediation

Diploma in International Environmental Law (UNITAR)

Advanced Certificate in Intellectual Property Law (Stell)

Certificate in Mining Law (Wits)

Certificate in Construction Adjudication (UP)

Certificate in Business Rescue (UP)

Contact

011 535 1835
0823769667
smartin@law.co.za