Profile » Mr David Swanepoel


 Personal Details

Title Mr
First Name David     Send Email
Surname Swanepoel
Gender Male
HPCSA Reg No
Nursing Council
Bar Council
Law Society

Membership Profile

Membership TypeFull Member or Renewal
Date Joined2018-09-18
Available as an Expert Witness?No
Available as a Medico Legal Attorney?No
Available as an Medico Legal Advocate?No
Profile VisibilityPublic

Samla Verified Medical Mediator

Samla Verified Medical Mediator?No
Health Sector Commercial Mediator?No
Technical Medico-Legal Mediator (Personal Injury)?No
Technical Medico-Legal Mediator (Clinical Negligence)?No
Name of institution/s in which I was trained in mediation.
Name of authority that has (authorities that have) accredited me as a mediator.
I would like to be invited to observe Medical Mediations No
I am willing to provide my services free of charge for pilot projects No
My normal fees for mediation services per hour R0.00
My normal fees for mediation services per day R0.00

Contact Details

Cellphone Number *** *** ****
Web Addresswww.avilaw.co.za

Social Media

Skype Name
Linkedin Name DAVID SWANEPOEL
Facebook Name David Swanepoel Attorneys

Work / Business Info

Work Tel No 0844613384
Work Address 8 Dancing Duel Crescent, Mooikloof
City/Town Pretoria
Province Gauteng

Qualifications

Highest Education Level International Air, Space and Telecommunications Law (Master's Degree)
Highest Education Level LLB (Bachelors)
Highest Education Level LLB(Bachelors)

Professions

Legal
  • Attorney

Additional Info ...

Fields of Interest Medical Law, Aviation Law, Communications Law, Property Law, Commercial Law,
Short CV  
CURRICULUM VITAE PERSONAL INFORMATION: Christian Names: David Coenraad Surname: Swanepoel Gender: Male Citizenship: South African Marital Status: Married with Dependents SA Identity Number: 621119 5147 08 4 Driver’s License: Yes (Codes A; EB) E-mail: david@davswan.co.za Cell Number: 084 461 3384 Physical Address: 8 Dancing Duel Crescent, Mooikloof Equestrian Estate, Pretoria EDUCATION 2018: Course in Medical Law presented by UNISA. (With distinction) 2015: Advanced Short Course in Business Rescue Practice, presented by UNISA. 2013: Master of Laws (LLM), University of Pretoria in collaboration with the University of Cologne, Germany. 1996: Admitted as Notary of the High Court of South Africa 1994: Admitted as Conveyancer of the High Court of South Africa 1991: Admitted as Attorney of the High Court of South Africa 1985 - 1989: LLB, University of the Orange Free State 1982 - 1984: B Iuris, Potchefstroom University for Christian Higher Education 1976 - 1980: Matric Exemption Dr Malan High School (Meyerton) ADDITIONAL COURSES ATTENDED 2012: Certificate in International Air, Space and Telecommunications Law, University of Pretoria 2011: National Credit Regulator Debt Counsellor’s Training Course 2011: Fiduciary Responsibilities of Directors (Presented by the Association of Residential Communities) 2010: Certificate in Owners Association Management (Residential Estates) (Section 21 Companies in terms of the 1973 Companies Act), presented by Paddocks, completed with distinction. 1993: Certificate in Conveyancing Practice, presented by University of Pretoria 1992: Public Prosecutor’s Course; Department of Justice, Justice College and Magistrate’s Court Johannesburg 1991: Certificate in Advanced Military Law, South African National Defense Force. ADDITIONAL LEGAL COURSES ATTENDED Newest Developments in Property Law; Broad Based Black Economic Empowerment; Trust Law; Attorneys' Bookkeeping; Family Law; Sectional Titles Law; The New Mineral Rights Law; King III Commission; New Companies Act; Administrative Law; Consumer Protection Act; Specific Aspects of Companies Act; Business Rescue Proceedings; Protection of Personal Information Act; Commercial Contracts. EMPLOYMENT AND DIRECTORSHIPS June 2002 - present: David Swanepoel Attorneys, Attorney, Conveyancer and Notary February 2016 – present: Harvard Club of South Africa, Committee Member and Director 2011 - 2012: Mooikloof Owners Association, Director Legal Affairs 2011 - 2012: Kungwini West Alliance, Director October 1997 - May 2002: Swanepoel & Venter Attorneys, Partner September 1996 - September 1997: David Swanepoel Attorneys, Attorney, Conveyancer and Notary July 1995 - August 1996: Symington & De Kok Attorneys, Professional Assistant: Attorney and Conveyancer 1994 - July 1995: South African Lotteries and Gambling Board, Secretary March 1994 - June 1994: Transitional Executive Council (TEC), Legal Officer to Deputy Director General January 1992 - February 1994: Department of Justice, Legal Administration Officer to Minister of Justice, Department of Justice Head Office. January 1991 - December 1991: Department of Defense, capacity: Lieutenant January 1990 - December 1991: Department of Justice, Public Prosecutor 1986 - 1989: Symington & De Kok Attorneys, Candidate Attorney SKILLS The following skills pertinent to the job application are amply demonstrated by the scope of work: Ability to communicate at all levels of the organization. Strong leadership and experience developing credibility with internal and external partners. Demonstrated experience in leading business change. Interpersonal skills and team working also virtually. Analytical and process driven individual who displays excellent attention to detail. SCOPE OF WORK Medical Law Successful representation of commercial helicopter pilot in proceedings to have his commercial license privileges re- instated after incorrect diagnosis of his condition by two neurologists, a neuro surgeon and several other medical practitioners. He is currently flying commercially for ‘n large helicopter company. Currently representing a widow in a medical negligence case against a major hospital group. Property Law Attorney, Conveyancer and Notary Registration of a vast amount of property transfers; Registration of mortgage bonds (On behalf of Standard Bank, Nedbank, First National Bank, NBS, Siemens, Greenstart [National Housing Finance Corporation], ABSA, as well as private investors; Several Township establishments; Opening of several sectional title registers and subsequent transfers and bonds; Establishment of Residential Retirement Scheme; Advice on new Mineral Rights Dispensation; Advice on, drafting and registration of Notarial Deeds of Servitude (Praedial as well as Personal); Route Determinations, Electrical, Municipal, Private); Notarial Deeds of Trust; Antenuptial Agreements; Notarial Deeds of Usufruct; Special and General Notarial Bonds; Cancellation and cession of bonds on behalf of banks. Plotting and Amendment (correction) of General- and Servitude Plans by Surveyor-General; Property related transactions: Township Establishment Conditions (and proclamation thereof); Building Loans; Sub Division and Consolidation of Farm- as well as Residential Land, (Including Full Title- and Sectional Title Land). Contracts, including sale of Immovable Property, Sale of Business, Letting, Leasing, Settlements; Commercial Lease Agreements; Land Availability Agreements; Township Services Agreements. Illegal occupation of land; eviction of illegal occupants. Achievement: 1997 Nominated as BEST CONVEYANCING FIRM (Award for Outstanding Performance and Service in the Delivery of Housing in Gauteng Province). Awarded by the Honorable National Minister of Housing. Property Principal of Estate Agency Actively involved in the marketing and sales of property. Successfully sold many properties within a very short space of time and submitted the related completed bond applications which were subsequently approved by the respective banks. Aviation Law Legal opinion and advice on the establishment of an Industry Ombud for the non- type certificated aircraft industry. Legal opinion (and suggested Co-ordinated Enforcement Processes) to RAASA (Recreation Aviation Administration South Africa) on the enforcement system of relevant Air Law in South Africa including a study of related stipulations in selected international jurisdictions and the CAA Enforcement Manual; Selected matters handled by RAASA, including Special Air Events; Structures and procedures pertaining to the following: Approved Person Scheme for Non- Type Certificated Aircraft: Applicability of the Public Finance Management Act; Gazetting of the Ministerial Designation of RAASA; Aviation Recreation Organisations; Investigating and acting in Civil Litigation Matter of Claim pursuant to fatal Aircraft Accident (Specific attention was given to quantification of the claimed damages); Legal advice to Client (Company) on development of aviation and residential estate, with specific reference to financial implications relating to different developing options. Involved in advisory capacity as member of a Special Working Group of the South African Civil Aviation Authority relating to Aircraft Safety (Unmanned Aircraft Systems). Legal opinion to international client on the Operation of Remotely Piloted Aircraft Systems. Drafting of contracts relating to the operation of Remotely Piloted Aircraft Systems, also providing for relevant financial implications. Representation of client against SACAA’s revocation of his Class I medical certificate. Appointed by RAASA (Recreation Aviation Administration South Africa) to advise on Project 24 regulatory development (New regulations being drafted relating to non- type certificated aircraft). Representing an aviation training organization in regard to regulatory exemption application (the first of its kind in South African aviation history) to Department of Transport. Representation of Flight instructor against an aviation recreation organisation and the South African Civil Aviation Authority. Successful representation of commercial helicopter pilot in application against South African Civil Aviation Authority’s decision to re- instate his license privileges. Achievements: Obtaining of Master’s degree (LLM) in International Air, Space and Telecommunications Law. Advice to client who is the first legal commercial operator of Remotely Piloted Aircraft Systems in South Africa. Successful defense of client in multi million rand aircraft accident claim. Successful exemption application from Regulations and Technical Standards to SACAA, enabling client to maintain and operate Citation jet aircraft in terms of exemption. Broadcasting Law Application for Commercial Free-to-Air Television Broadcasting Service License. Business Rescue: Several business rescue cases were successfully litigated in and advised on. Company Law Drafting of legal opinions and agreements including: Shareholders Agreements; Sale of Shares; Memoranda of Incorporation (Including relating to Profit- , Non- Profit- and Share Block Companies), Advice on Enhanced Accountability and Transparency; Corporate Governance; Company Policies; Risk Management, Directors’ Responsibilities; drafting of Memorandums of Incorporation for Private-, Non- Profit- and Share Block Companies. Achievements: Completed course in Home Owner’s Association Management with distinction. By virtue of business rescue related litigation, secured company property (commercial buildings) from attachment and sale in execution by major bank. Law of Contracts: general Aviation commercial, Sale of Land; Sale of Property; Export- ; Reseller ; Services- ; Cession- ; Software Sub- License- ; End User Software License and Maintenance- ; Sub- Contractor- ; Service Level- ; Application for Credit Facility- ; Non- Disclosure- ; Restraint of Trade- ; Referral- ; Retainer- ; Joint Venture- ; Co Operation- ; Sale of Shares- ; Road Transportation- ; Logistics Services- ; Rail Carriage; International Engineering- ; Security Related: PSIRA registration- ; Joint Ventures. LEGAL COMPLIANCE: Advice rendered relating to compliance with inter alia the following legislation: Companies Act and Regulations; Aviation Act, Aviation Regulations, Aviation Technical Standards; Legislation relating to Lotteries and Gambling Act and its relevant Regulations; Electronic Communications Act and Regulations; Broadcasting Act and Regulations; Independent Broadcasting Authority Act and regulations; Telecommunications Act and regulations; Credit Law: Business Rescue; Negotiations with Council of Debt Collectors; Credit Applications; Bond Applications; Debt Review. Achievements: 2011: National Credit Regulator Debt Counsellor’s Training Certificate. 2015: Successfully completed advanced short course in Business Rescue Practice. Director: Owners Association (MOA) Established a proper system of collection of outstanding debts owing to the MOA, and managed the external legal teams during related litigation, sequestrations, liquidations and communications. Introduced Board to, and managed relationship between MOA Board and national external service provider, ensuring that the Board limited its risks and liabilities and stayed abreast of the newest developments in the management of non- profit companies. Intensive involvement in the compiling of, and approval of the yearly budgets of the MOA, ensuring proper financial planning, management and control of income and expenditure, proper oversight of legal accounts. Legal research done and consultations conducted with legal team (including attorneys, junior- and senior advocates) relating to major property related litigation, successful settlement agreement reached in High Court to benefit of the residents in general. Intensive study of the statutes and rules: numerous matters that require amendment, replacement or additions in terms of the 2008 Companies Act, identified and introduced to Board for inclusion in new Memorandum of Incorporation. Enforcing of estate rules, interpretation of contracts, dispute resolution. Consultations with the Metropolitan police, the author of the relevant AARTO legislation, other estate managers and stakeholders. Criminal Law Practice: Successfully defended clients in fraud, rape and possession of narcotic substances cases. Financial: Estate planning, drafting of wills and administration of deceased estates, including that of a commercial airline pilot. Labour Law: Chairing Disciplinary Hearings; Dismissal Proceedings; Retrenchment Procedures; Restraint of Trade; Drafting Employment Agreements. Promotion of Access to Information Act Legal Advice on Procedures relating to the Promotion of Access to Information Act. Consumer Law: Legal Advice on Procedures relating to the Consumer Protection Act. Lotteries and Gambling Law Representative of Director General of Department of Justice at the (multicultural) National Lotteries and Gambling Board, which consisted of a variety of industry specialists. Due diligence investigation of several international jurisdictions relating to potential applicants for gambling / lottery licenses. Researching the international legal, financial and tax position (focusing on the United States of America and Europe) as well national position concerning Lotteries and Gambling. Compiling of, editing and publishing in the Government Gazette, of final Lotteries and Gambling Report. Planning, arranging and attending, the formal handing over of the Lotteries and Gambling Report in parliament to the Honorable State President Mr. Thabo Mbeki. Attending to press enquiries and interviews; Planning, arranging and conducting research visits to existing licensed casinos, as well as the overseas research program by the Board, including travel and accommodation arrangements. Company Secretarial Role: including but not limited to: Compiling and strict adherence of budget; Attending to settling of all claims and accounts; Arranging, attending and taking minutes of all meetings of the Lotteries and Gambling Board and its committees; Arranging, attending of and compiling minutes of all meetings and public hearings involving national and international stakeholders; Liaison with stakeholders, representatives and Department of Justice. Achievement: Assisting in writing the relevant legislation. Awarded performance bonus by Department of Justice. Legal Advisor: Transitional Executive Council The only official of the Department of Justice selected to represent the Director General on this multicultural national forum. Responsibilities of the position included Legal advice. Assistance with Acts and Regulations regarding inter alia the Electoral Commission and the Security Forces; compiling of Proclamations e.g. of the National Flag. Liaison with the Director-General: Department of Justice. In- depth knowledge of the Constitution of South Africa; Underwent the necessary security clearance. Achievement: Seconded to serve as the Secretary of the Lotteries and Gambling Board. (Once again the only official selected by the Department of Justice to represent its Director – General). Legal Administration Officer Legal advice to Minister of Justice; Replies to all legal representations received by the Minister; Research and preparation of Ministerial legal replies to Parliamentary Questions; Legal Research; Investigation of public complaints and queries. Underwent the necessary security clearance. Public Prosecutor Investigation, decisions to prosecute, as well as successful prosecution in the following cases: Theft; Fraud; Homicide; Murder; Sexual Offences; Child molestation; Assault; Dependency Forming Substances; Judicial Inquests, reckless and negligent driving and driving under the influence of liquor. Achievement: Successfully completed prosecutors’ course presented by Department of Justice. Transferred to Department of Justice Head Office. PROFESSIONAL AFFILIATIONS: 1995 - Present: Law Society of the Northern Provinces: Pretoria

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