Samantha Martin

Seniority & Date of Admission:
13 Years Dec. 5, 2011
Level of Seniority: 6 – 15 Years
Membership Type: Full Member
Practice Description & Academic Background:

I have been practicing as an Advocate, Arbitrator, Mediator, and Construction Adjudicator for over 13 years.

I have a strong background and qualifications in environmental law, including mining, energy, air quality, petroleum (up-stream and down-stream), local government and town planning, water, climate change and carbon tax and wildlife law. I have qualifications from Africa and in Switzerland on these topics. I hold a Certificate from the Sustainability Institute on Carbon Tax Assessments and an LLM Degree in Environmental Law.

Environmental law: I have handled a variety of cases and projects involving administrative reviews, constitutional challenges, environmental compliance matters, green crime and director prosecutions, environmental directives, permit regulations and climate change law and carbon tax opinions. I have experience with fuel wholesaler and retailer matters including internal appeals, license disputes, review applications and related planning and zoning disputes.

Commercial & Construction law : I have been involved in business rescue and insolvency matters. I regularly appear in construction matters involving building disputes, litigation involving the SIU and infrastructure procurement. I am an experienced construction Adjudicator. I have extensive experience in tender and procurement related disputes. I have a particular interest in in the field of infrastructure procurement and environmental considerations. I am currently completing qualifications with RICS in international construction adjudication.

International Sports Law and IP law: I hold a Post Graduate Certificate in IP law and I have been in matters relating to IP infringement. I am also currently developing my academic career and I am completing a Global Master in International Sports Law (2025) through ISDE in Spain, with interaction with global sports lawyers in Spain, Switzerland and the United Kingdom.

I am passionate about alternative dispute resolution (ADR) and conflict dynamics, and I have completed multiple courses in arbitration and mediation.

Community: I have contributed to the development and mentorship of young and aspiring arbitrators and mediators through my involvement in Young AFSA and SABWiL, a non-profit organisation that provides education and training for African students in law. I am a Director of SABWiL.

Noteworthy Judgments:
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) – Environmental Law – this is a matter pertaining to the interface between the Section 24 environmental right, service delivery dispute and stormwater management at local level.

NT55 Investments (Proprietary) Limited and another v MEC: Gauteng Provincial Government responsible for its Department of Roads and Transport and others [2023] JOL 60717 (GJ) – Environmental Law – this matter relates to the amendment of an environmental authorization (ROD) relating to a Provincial Road with the amendment having the effect that the Road can traverse a wetland. The dispute further relates to extent that a decision maker considers commercial factors as per Section 2 of the NEMA.

Featherbrooke Homeowners Association NPC v Mogale City Local Municipality & Others (25 January 2021) – Environmental Law – this is a matter pertaining to the interface between the Section 24 environmental right, service delivery dispute and stormwater management at local level. This matter is currently before the SCA.

Moropa and others v Chemical Industries National Provident Fund and others [2022] JOL 54477 (GJ) – Administrative Law, Pension Fund Law – review – appeal against dismissal on review application based on fraud and corruption, legality, and the PAJA. This matter pertains to the alleged capture of a Pension Fund by an Administrator through an alleged corrupt procurement/ tender process. We successfully argued this matter before a Full Bench. Akani and the CINPF appealed to the SCA, the SCA dismissed this appeal, with costs.
Other Societies & Memberships:
SABWiL (South African Black Women in Law)

WIMSA (Women in Mining South Africa)

ACL (African Construction Law)

ELA (African Environmental Law)

SANEA (South African Energy Association)

South African Sports Law Association
Practice Areas:
I am highly specialised in environmental, construction mining, IP, and procurement law. I have worked on several procurement/ tender disputes. I have approximately 20 years’ practical experience in the environmental field, and I have worked on several matters involving pollution and water disputes, air quality, service delivery, climate change, wildlife issues, town planning, mining, and directive disputes. I have a keen interest in alternative dispute resolution, and I have participated in several arbitrations and mediations. I have also been appointed as a mediator and arbitrator in several matters.

















Contact Information:
  • 082 376 9667
  • smartin@law.co.za
  • smartin@advocatesa.co.za
Contact Samantha:
Practice Areas

Phone: +27 11 535 1800
Email: accounts@maisels3.co.za

Address: 3rd Floor, 4 Protea Place, Sandown, Sandton, Johannesburg

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