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.
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Widaad Ebrahim-Fakier
Counsel
Widaad focuses on complex banking, finance and administrative law litigation, commercial disputes and regulatory compliance matters.
Expertise
Industries
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
Leadership Positions And Professional Affiliations
- South African Restructuring and Insolvency Practitioners Association
- INSOL International
- International Association of Privacy Professionals
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Awards
Restructuring team of the year, African Legal Awards, 2023
Qualifications
Admissions
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