People

Ian Shapiro

Partner

E-mail ianshapiro@eversheds.co.za
Tel: 011 286 6985
International: +27 11 286 6985

Practice areas

Commercial litigation
Estate planning
General litigation
Trusts
Wills

Languages

English and Afrikaans

Practice notes

Ian specialises in general and commercial litigation and in wills, trusts, estates and estate planning.

Several of his litigation matters have been reported in the South African Law Reports. In one instance he was instrumental in an amendment to the Divorce Act concerning religious and civil divorce proceedings following the case of Levy v Levy in 1991, where a husband refused to grant a religious divorce to his wife but wanted to proceed with the civil divorce. In terms of the law change, civil proceedings can now only take place if the religious divorce has been granted.

In 2001 in the matter Janit v Van Der Heever, where a deceased estate was sequestrated and the trustee had seized the surviving spouse’s assets, his counsel argued that Section 21 of the Insolvency Act did not apply in a deceased estate. Her assets were released and the ruling is now law.

Ian’s recent experience includes:

• Acting for Bombela Concession Company in a dispute with the Gauteng Provincial Government relating to the Gautrain project where the quantum in dispute is potentially over ZAR1billion.

• Acting for Bengwenyama Minerals (Pty) Ltd in a dispute with Genorah Resources relating to the issue of a mining permit. The matter was brought before the Constitutional Court where the awards of prospecting rights on the community’s land were set aside. Following the court judgment the Bengwenyama community will apply to the Department of Minerals and Energy for the granting of the prospecting right which, when granted, will have a potential benefit to the community of at  least ZAR3billion.

• Generally involved in numerous high profile high court cases and arbitrations relating, among others, to property and contractual disputes ranging from ZAR10 to 300 million.