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Ahmed Mokdad

Associate

Johannesburg +27 11 944 6915

  • About
  • Representative Matters
  • Credentials
  • About

    Ahmed Mokdad is an associate based in the Johannesburg office, and a member of the firm’s White Collar Defense and Investigations and Anti-Corruption Practice Groups, as well as the Privacy and Cyber Security Practice Group. With a depth of experience representing clients across various sectors, Ahmed regularly assists clients navigate and mitigate a broad spectrum of regulatory and compliance risks.

    Ahmed’s investigations practice includes internal and government investigations into anti-corruption, anti-money laundering, fraud, and financial crimes matters more generally. Complementing his investigations practice, Ahmed has a broad-based compliance advisory practice in these areas and in data protection and information security matters. This includes assisting clients in numerous sectors with compliance under South Africa’s Protection of Personal Information Act (POPIA).

    Adding to his investigative, regulatory and compliance advisory experience, Ahmed has extensive experience advising on numerous M&A and complex financial transactions. He has also been involved in several high profile international arbitrations, and litigious matters before the South African courts relating to, among other things, commercial and tax disputes, exchange control violations, government procurement irregularities, and defending white collar crimes. This experience gives Ahmed valuable perspectives and insights when advising on compliance advisory matters.

    For international clients facing compliance issues cutting into Africa, Ahmed regularly advises on a range of issues that can arise in such context, e.g., labor and employment considerations, legal professional privilege, whistleblower protections, corporate governance reporting obligations, and control processes and protocols for engaging with government and law enforcement agencies. Ahmed is recognized by clients for providing practical advice and solutions on complex legal issues in ambiguous statutory regimes.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters

    Internal Investigations 

    • Counsel in an expedited investigation for an Irish technology company into corruption issues relating to public sector transactions in South Africa.
    • Investigation and remediation advice for a multinational mining company into anti-corruption and AML issues arising in the context of an empowerment transaction in South Africa.
    • Investigation and remediation advice for a South African state owned entity into a broad range of procurement irregularities.
    • Investigation and remediation advice for multi-national consulting firm in regard to a major contract procured from a South African state owned enterprise, following media enquiries and reports connecting the matter to the ‘State Capture’ Judicial Commission of Inquiry in South Africa.
    • Investigation and remediation advice for a multi-national consulting firm in regard to bribery and corruption allegations made out against certain partners within of one of its African group entities.
    • Advised a multi-national consumer products company in relation to a cross-jurisdictional internal investigation, involving amongst other regulators, the UK Serious Fraud Office, into allegations of corruption, corporate espionage, fraud and money laundering.
    • Advised a multi-national bank on a contentious cross-border internal investigation into alleged violations of exchange control regulations, and unlawful externalization of funds.
    • Internal investigation and remediation advice for a major South African public entity relating to alleged irregularities and maladministration in the award of a public tender, including corporate governance reporting obligations, and unwinding the tender process.

    Compliance Advisory Matters

    •  Compliance counsel on a large M&A transaction in the Middle East.
    • Advised a major financial institution in East Africa with a review of its sanctions, AML and counter-terrorist financing compliance regime.
    • Counseled a multinational energy company on aspects of its global anti-corruption compliance program.
    • Advised companies on market entry, cross-border transactions, and pre-acquisition diligence and post-acquisition integration.
    • Lead counsel to a South African subsidiary of a Japanese listed entity on an internal investigation into allegations of fraud, corruption and procurement irregularities.
    • Counseled a multi-national consumer products company in regard to regulatory compliance, and its anti-illicit trade initiatives.

    Privacy and Cyber Security

    • Counseled a number of multinational companies in connection with the alignment of their global data privacy compliance program with South Africa's data privacy laws, including delivering data privacy compliance training, advising on direct marketing laws, and developing additional compliance measures to be adopted by the companies’ South Africa based operating companies.
    • Advised a global technology company on privacy due diligence in a successful M&A transaction, as well as post-acquisition integration activities to align acquired entity’s policies and procedures with the company’s global privacy compliance program.
    • Counseled a global technology company on the application data privacy laws across a number of African jurisdictions.
    • Advised a global life sciences company on the handling, and exporting of clinical trial data from South Africa to the EU and the U.S.

    Disputes

    • Represented a European energy company in a US$4.5 billion dispute with a South African distributor concerning a petroleum products supply agreement (UNCITRAL Rules, Malawi law, Johannesburg seat).
    • Assisted the lead counsel representing MTN Group in a lawsuit alleging violations of U.S. Anti-Terrorism Act relating to operations in Afghanistan.
    • Represented a JSE listed company and its various subsidiaries, across a broad spectrum of litigious matters.
    • Represented a South African and a Mauritian entity in number of inter-related litigious matters before the South African High Court, and the High Court of Tanzania (Commercial Division), including the enforcement of arbitral awards made under the rules of the International Court of Arbitration of the International Chamber of Commerce.
    • Represented a Netherlands based multinational communications company in arbitral proceedings, as well litigation before the South African High Court.
    • Successfully overturned large asset restraint orders in the UK and Guernsey.
    • Acted for Dave King, a prominent figure in South African business, in high profile tax disputes with the South African Receiver of Revenue (“SARS”) where the quantum involved was in excess of ZAR2.8 billion.
    • Assisted is successfully reaching a favorable settlement for Dave King with SARS, and the South African Reserve Ban, ending 13 years of protracted litigation.
    • Successfully secured an acquittal for Dave King during 2012 in a complex commercial criminal trial wherein the State sought to prosecute Dave King on numerous charges of fraud, racketeering and money laundering. This trial commonly known as "King 2" was the first commercial criminal trial of its proportion to proceed before a South African court.
    • Co-counsel to Dave King in the commercial criminal prosecution commonly known as "King 1," and successfully securing a settlement with the State during 2013.

    Transactional

    • Represented a telecommunications company, as borrower in a trade finance transaction.
    • Counseled a multi-national bank in the implementation of a debt guarantor/SPV structure in respect of a syndicated finance facility in a principal amount of ZAR3.5 billion made available to a South African incorporated borrower.
    • Counseled a multi-national bank in respect of the implementation and applicability of parallel debt structures in South Africa (regarding financing made available to a South African incorporated borrower).
    • Advised a multi-national bank on the effect of a debt restructure on existing South African law governed security arrangements.
    • Advised in relation to a syndicated financing facility made available to a South African listed entity in the principal amount of USD280 million.

    Areas of Expertise

  • Credentials
    Education
    • University of the Witwatersrand, 2010
        • Nelson Mandela Institute
          • Advanced Company Law
    • University of the Witwatersrand, 2009
        • Wits Business School
          • Post-graduate Diploma in Management (Business Administration)
    • University of the Witwatersrand, 2008
        • Faculty of Commerce, Law and Management
          • LLB
    Bar Admissions
    • South Africa
    Languages
    • English
    • Arabic
    • Afrikaans
    Accolades
    • African Legal Awards, shortlisted in the "Rising Star of the Year" category (2022)
    • Avance Media's "Top 100 Most Influential Young South Africans," Law and Governance category (2019)
    Memberships and Affiliations
    • Law Society of South Africa
    Previous Experience
    • Senior Associate in the Risk, Investigations and Compliance practice group at an international law firm.

    Areas of Expertise

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