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Member | Maisels Chambers Group 3

Samantha Jane Martin
Called to bar 2011

Samantha Martin has a well-established practice in environmental, construction, property, administrative, procurement, water, mining, commercial and insolvency (including business rescue) law. She is a qualified arbitrator and mediator with the Arbitration Foundation of South Africa (AFSA) and a construction adjudicator and has vast experience with standard form construction agreements such as FIDIC, NEC, JBCC and GCC. She further, holds qualifications in environmental and occupational and safety audits. Samantha has High Court experience in motions and trials as well as extensive arbitration experience, including tribunal experience at such forums as municipal tribunals, water tribunal and SIU tribunal. She holds an LLM in environmental law and is currently completing a LLD in environmental and construction law, focusing on state procurement of infrastructure projects and the impact on the sustainable development. She is a director of South African Black Women in Law (SABWiL) which is a mentorship initiative establishing moot courts and mentorship amongst Tertiary Institutions. Samantha holds membership with the Johannesburg and Mpumalanga Bars. She is a founding member of Young AFSA and recently hosted and facilitated an event on ADR with final year LLB Students.

 

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.

 

Samantha Jane Martin

Qualifications

B Comm Law (UJ)
LLB (UNISA)
LLM (NWU)
AFSA Certificate in Arbitration and Mediation
Diploma in International Environmental Law (UNITAR)
Certificate in Mining Law (Wits)
Certificate in Construction Adjudication (UP)
Certificate in Business Rescue (UP)

Contact

011 535 1835
0823769667
smartin@law.co.za