Adv Don Mahon SC

Company law constitutes approximately 30% of Mahon's practice. He advises and appears in matters involving directors' duties and liability, shareholder disputes, oppression remedies, scheme of arrangement applications and the interpretation of the Companies Act 71 of 2008. His practice spans listed JSE entities as well as private and family-held companies.

He has appeared in leading cases including Nova Property Group Holdings Ltd v Cobbett (SCA) and ABSA Bank Ltd v Newcity Group (GSJ), and is co-counsel in the Steinhoff class action, involving shareholder losses exceeding R185 billion.

Construction law constitutes approximately 25% of Mahon's practice. He appears in disputes involving payment certificate mechanisms, delay and disruption claims, JBCC and NEC contract disputes, global claims in adjudication and defect liability.

He has lectured in construction law under the auspices of the University of Pretoria and has authored a number of published articles on the subject, including on global claims in adjudication proceedings. He acts for contractors, developers and employers in High Court litigation, arbitration and adjudication.

Business rescue and insolvency constitutes approximately 20% of Mahon's practice. He has acted for and against liquidators, business rescue practitioners, secured creditors and shareholder groups in matters spanning the full spectrum of corporate financial difficulty.

He appeared in Oakdene Square Properties v Farm Bothasfontein (SCA), the first SCA judgment establishing the test for the granting of a business rescue order. He has also authored a number of articles on business rescue, one of which has been cited with approval by the High Court.

Financial services and advisory law constitutes approximately 10% of Mahon's practice. He appeared in Zietsman v Directorate of Market Abuse (GP), the seminal South African reported case on insider trading, and in Ombud for Financial Services Providers v Harms NO (GPPHC), a leading authority on the jurisdiction of the FAIS Ombud. He has a detailed working knowledge of the Financial Markets Act and the Financial Advisory and Intermediary Services Act.

Customary law constitutes approximately 10% of Mahon's practice, which is an unusual combination alongside his commercial specialisms. He appeared as lead counsel, without a Silk, in Tsambo v Sengadi [2020] ZASCA 46 before a full bench of five SCA judges.

The matter concerned the validity of the customary marriage of the late South African celebrity Jabulani Tsambo (HHP) under the Recognition of Customary Marriages Act 120 of 1998. He led junior counsel and was opposed by Bester SC.

Mahon has appeared before the Constitutional Court in Minister of Justice and Constitutional Development v Prince 2018 (6) SA 393 (CC), a landmark unanimous judgment striking down the prohibition on the private cultivation, possession and use of cannabis.

He was lead counsel, appearing without a Silk against teams led by prominent senior counsel at various stages of the litigation. He has also appeared without a leader before the Zondo Commission of Enquiry into State Capture, representing the South African Ambassador to the Netherlands, among others.

Mahon is a fellow of the Association of Arbitrators of Southern Africa and holds a Certificate in Arbitration from that body. He is also a member of the Chartered Institute of Arbitrators. He regularly accepts appointments as sole arbitrator and serves on panels in commercial and construction arbitrations.

Notable arbitrations include a domestic matter against C Jordaan SC and S Khumalo SC with a quantum of approximately 275 million Euros, and an international arbitration concerning oxidisation in macadamia nut export trade contracts. He is admitted to practise in Botswana, where he has represented government parastatals.