Email:
bedfordview@live.co.za
Phone:
082 376 9667
Profile
Samantha is a practicing lawyer in South Africa and a specialist litigator. She is an admitted Advocate and a member of the Johannesburg Bar, she holds chambers at Maisels Chambers. According to Bar Rules, Samantha works on brief from admitted attorneys.
She has run a general commercial practice for over a decade. She is an arbitrator, construction adjudicator and mediator. She obtained accreditation with the Arbitration Foundation South Africa (AFSA) in alternative dispute resolution fields and sits on their commercial panel as an Arbitrator and Mediator. Her general commercial practice has included mediations, arbitrations, adjudications, high court and motion court litigation. The various fields of her practice has included inter alia family law, property law and insolvency law and Samantha has specialist skills in the below fields of expertise.
Samantha has specialist knowledge in the following fields:
Environmental law: She has over 20 years’ experience in this field in conjunction with international diplomas in international environmental law under the auspices of UNITAR and Prof Sands. She has a Masters’ Degree with Distinction in the field of environmental law covering mining, water, property law, municipal law, biodiversity law and general environmental law including environmental impact assessments. Her thesis looked at corporate social responsibility, shareholder activism and sustainability. Samantha has a special interest in the interaction between environmental law, procurement law and insolvency law. This means that Samantha has been briefed on various matters pertaining to major infrastructure and energy projects and the implication thereof on the environment, mine closure and insolvency and the interface between the infrastructure procurement and tender process and the environment. Samantha’s practice in this field has included matters pertaining to environmental authorisations, green crime, wildlife matters, climate change, energy, mining disputes, water and waste.
Construction law: Samantha has substantial litigation experience in the field of construction law. She trained as an adjudicator she has experience with construction adjudications, arbitrations and construction contracts such as the NEC, JBCC and FIDIC. Her litigation experience has included contractual disputes, delay disputes and guarantees. Samantha has also been briefed on construction disputes pertaining to the SIU’s (Special Investigative Unit) investigative powers and allegations of tender irregularities.
Intellectual property law: Samantha has experience in litigating before the Companies Tribunal in this field. She also has a Certificate for Advanced Intellectual Property from the Anton Mostert Intellectual Property Law Faculty, University of Stellenbosch covering copyright law, trade mark law, patent and design law. The topics have included protection of software, performer’s protection, ambush marketing, unlawful competition, counterfeiting, trade mark infringement, domain names, pharmaceutical products and traditional knowledge.
I specialise in the following areas of law:
Environmental Law
She has over 20 years’ experience in this field in conjunction with international diplomas in international environmental law under the auspices of UNITAR and Prof Sands. She has a Masters’ Degree with Distinction in the field of environmental law covering mining, water, property law, municipal law, biodiversity law and general environmental law including environmental impact assessments. Her thesis looked at corporate social responsibility, shareholder activism and sustainability. Samantha has a special interest in the interaction between environmental law, procurement law and insolvency law.
This means that Samantha has been briefed on various matters pertaining to major infrastructure and energy projects and the implication thereof on the environment, mine closure and insolvency and the interface between the infrastructure procurement and tender process and the environment. Samantha’s practice in this field has included matters pertaining to environmental authorisations, green crime, wildlife matters, climate change, energy, mining disputes, water and waste and compliance notices and directives.
Construction Law
Samantha has substantial litigation experience in the field of construction law. She trained as an adjudicator she has experience with construction adjudications, arbitrations and construction contracts such as the NEC, JBCC and FIDIC. Her litigation experience has included contractual disputes, delay disputes and guarantees. Samantha has also been briefed on construction disputes pertaining to the SIU’s (Special Investigative Unit) investigative powers and allegations of tender irregularities.
Procurement Law
the State is the largest consumer of goods and services. In South Africa, the procurement process is highly technical and complex. The procurement arena requires compliance with several pieces of legislation including socio-economic legislations such as Black Economic Empowerment as well local, provincial and national legislation overseeing quality and cost of goods and services. Samantha has extensive knowledge in tender and procurement law, particularly relating to State infrastructure projects and has been briefed on matters pertaining to contractual and tender disputes including reviews.
Constitutional and Administrative Law
Constitutional and Administrative law in particular reviews of administrative decisions.
Energy Law
Company law includes broad areas such as contractual arrangements and disputes, shareholder and director aspects.
Intellectual Property Law
Samantha has experience in litigating before the Companies Tribunal in this field. She also has a Certificate for Advanced Intellectual Property from the Anton Mostert Intellectual Property Law Faculty, University of Stellenbosch covering copyright law, trade mark law, patent and design law. The topics have included protection of software, performer’s protection, ambush marketing, unlawful competition, counterfeiting, trade mark infringement, domain names, pharmaceutical products and traditional knowledge.
Family Law
Family law is an area of law regulating, overseeing, and managing domestic relationships. This field is dynamic and ever-changing. The field also requires sensitivity and insight into the interface between law and sensitive and complex family patterns.
Arbitration and ADR
I am a qualified arbitrator, construction adjudicator and mediator. I hold qualifications in these fields with the Arbitration Foundation of South Africa and the Pretoria University. I am currently completing an accelerated arbitration course with the Association of Arbitration.
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Advocate Samantha Jane Martin
I hold an LLM in environmental law and I am currently undertaking my Doctorate. My LLM focused on CSR solutions to sustainability, unpacking corporate legislation and shareholder activism. My doctorate explores the environmental context of public private partnerships and public procurement projects. Prior to joining the Bar, I studied Mandarin Chinese whilst working in sustainable tourism for a few years. I was then involved in community projects on environmental campaigns.
Besides practice I am also a director of SABWiL (South African Black Women in Law), a non-profit organisation which is an educational platform for students offering mentorship, moot court and skills enhancement for tomorrow’s generation of lawyers.