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Widaad Ebrahim-Fakier

Counsel

Widaad focuses on complex banking, finance and administrative law litigation, commercial disputes and regulatory compliance matters.

Widaad acts for domestic and major multinational corporate clients, banks and public bodies, and has specific experience in the financial services, mining and technology sectors. Widaad routinely advises on banking and financial services regulation, insolvency, anti-money laundering and information law, including data protection, privacy, access to information and cyber risk  issues and regulatory compliance matters.

Experience

Representative matters

The South African Reserve Bank in various civil proceedings against illegal deposit taking schemes valued between ZAR 800 million and ZAR 1.2 billion, including civil action on freezing assets and recovery of assets as well as the repayment of depositors, typically by way of adjunct insolvency proceedings against insolvent scheme operators.

A major South African bank in a series of civil damages actions in the approximate sum of ZAR 1.4 billion, arising from its position as custodian of a failed collective investment scheme, under curatorship and consequent multijurisdictional insurance litigation for the banks ancillary claims for indemnification pursuant to underlying English law governed reinsurance contracts.

A multinational electronic payment processing company, listed on the NY Stock Exchange, in relation to a USD 30million wire transfer fraud perpetrated against it, including freezing injunction, anti-dissipation and recovery proceedings.

The business rescue practitioners and related Group Five entities (in business rescue) in a landmark judgment by the Constitutional Court in relation to the appropriate for a for judicial review proceedings under the Competition Act and ancillary review proceedings.

Repayment administrators appointed under section 84 of the Banks Act, resulting in a landmark Supreme Court of Appeal judgment on the scope and powers afforded to them under the Banks Act vis-à-vis the powers of a liquidator / trustee following the sequestration of a Ponzi scheme operator.

 

 

 

Published Work

  • Widaad Ebrahim (2021 - 2023) Third Country Assessment: Public Authorities Access to Information & Data Privacy, South Africa, OneTrust Data Guidance

Speaking Engagements

Speaker, Why is SA a target for cyberattacks?, ITWeb Security Summit, June 2024

Leadership Positions And Professional Affiliations

  • South African Restructuring and Insolvency Practitioners Association
  • INSOL International
  • International Association of Privacy Professionals
Recognition
Widaad Ebrahim-Fakier represents domestic and multinational clients in contentious work, with particular strength in insolvency matters, and is sought after by clients in the financial services sector.
Legal 500, 2024

Awards

Restructuring team of the year, African Legal Awards, 2023

Qualifications

Admissions

Attorney, South Africa, 2010

Academic

LLB, University of the Witwatersrand, 2007

Certificate course in Advanced Company Law I, University of the Witwatersrand, 2011

Cyber Law & Access to Information, University of the Witwatersrand, 2014

Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.