Mendel Sass
Partner | Johannesburg
Contact
T: +27 11 669 9492
E: mendel.sass@bowmanslaw.com
Overview
Mendel is an experienced legal practitioner specialising in investigations, corporate governance, regulatory compliance, employment law (both individual and collective) and sports law. He assists clients with complex issues/complaints/allegations/irregularities/wrongdoing requiring investigations, board level disputes and executive terminations, litigation as well as cross border and domestic representation in respect of law enforcement agencies and regulatory bodies, and has the necessary breadth and depth of expertise to provide integrated multi-disciplinary strategic advice and guidance to mitigate and manage the legal, reputational and commercial risks faced by organisations.
Mendel assists clients with the full spectrum of corporate and forensic investigations (including whistleblower complaints, corporate governance deficiencies, regulatory non-compliance, workplace bullying and harassment, unethical business practices, financial misconduct, external and internal audit irregularities, business intelligence, procurement and supply chain management irregularities, financial services debarments etc.) and provides related advice on remedial action, consequence management, litigation and enforcement proceedings arising from such investigations. He further provides regulatory compliance advice on and conducts corporate/M&A legal due diligences in respect of domestic and international anti-bribery/anti-corruption, anti-money laundering, sanctions regimes and white-collar crime legislation. He represents clients in their engagements with law enforcement agencies and regulatory bodies. He also specialises in employment law and sports law.
During his career, Mendel has built up a broad range of expertise across multiple industries in the private sector such as financial services, infrastructure, mining, consumer goods and retail, technology, logistics, pharmaceuticals and professional services as well as in the public sector (at a national, provincial and local government level as well as state-owned entities and statutory bodies). He has been a lawyer for more than 25 years, which has included over 20 years collectively at Bowmans (starting as a candidate attorney/trainee in 1999 and becoming an equity partner in 2010), dispersed with stints as the divisional in-house legal counsel for a listed South African corporate, an asset forfeiture lawyer with the Crown Prosecution Services and an investigator for the Standards Board for England.
Mendel was an acting judge of the Labour Court for periods during 2021, 2022 and 2023 and has been involved in some of South Africa’s most high-profile sports law matters to date, including the King Commission of Inquiry into Cricket Match-Fixing, the Australian test cricket team ball-tampering scandal known as ‘Sandpapergate’ and the investigation into allegations of racism against World Cup winning Springbok rugby player Eben Etzebeth.
Mendel has been an appearance lawyer since he was a trainee/candidate attorney and has appeared in the Labour Appeal and Labour Court, High Court, private arbitrations, employment tribunals and other dispute resolution chambers, as well as both regional and district Magistrates’ Court (in criminal and civil matters). He is an associate member of the Association of Certified Fraud Examiners and a member of the South African Society of Labour Lawyers. He was also the chairperson of the Legal Practice Council of the Western Cape for three years.
Mendel also specialises in all aspects of employment law (individual and collective) and advises on/assists with executive/c-suite appointments and terminations, restructuring/retrenchments, HR issues arising from corporate transactions, business transfers, outsourcing, collective bargaining, industrial action, unfair discrimination, unfair labour practices, legislative compliance, enforcement of post-termination obligations, contracts of employment, workplace policies and procedures as well as training.
Because of Mendel’s diverse and comprehensive range of experience, he has acquired a multi-facetted and cross-disciplinary skillset which he is able to leverage to provide clients with seamless ‘cradle to grave’ solutions across the full lifespan of any issues/complaints/allegations/grievances which pose material legal, commercial, reputational risks to them. For example, he is able to do all of the following – conduct the investigation to establish the relevant facts; advise on any applicable regulatory, statutory and compliance obligations; act in any related dispute resolution proceedings (whether criminal, regulatory enforcement, civil recovery and asset tracing, or internal disciplinary hearings and any employment forum/court/tribunal) which a client may be involved in taken; and provide strategic guidance and legal advice to boards of directors and c-suite executives to ensure possible outcomes and mitigate/manage risks.
Experience
Mendel has advised:
- Cricket South Africa (national governing body for cricket in South Africa) – Advised on various aspects of forensic investigation reports prepared by auditors relating to allegations of non-compliance with corporate governance frameworks and policies; possible failures of internal controls; and insufficient executive oversight exercised by directors, and c-suite executives.
- American multi-national fast-food chain – Conducted investigation into, and advising board on, various current and historical whistleblower complaints made in respect alleged irregularities with country-wide restaurant construction and property developments projects.
- T-Systems – Advised on allegations investigated by the Judicial Commission of Inquiry into State Capture. Provided anti-corruption/anti-bribery regulatory advice and director training. Advising on cross-border disclosure obligations and engagement obligations in relation to international law enforcement agencies.
- Global pharmaceutical company – Investigated fraud and forgery committed by executive level employees as well as non-compliance with internal governance processes. Advising on consequence management steps to be taken arising from the investigation as well as further remedial action.
- American based pan-African NGO – Conducted cross-border investigation into allegations of fraud and tax evasion and advising its USA based board of directors on Foreign Corrupt Practices Act compliance and related governance consequences.
- AECI – Investigated various whistleblower complaints against c-suite executives and providing related governance, compliance and remediation advice.
- Engen (national petrochemical company) – Conducted review of anti-bribery management system and recommending upgrades to improve prospects of successfully obtaining ISO 37001 certification.
- American multi-national ride-hailing company – Conducted various investigations and provided on-going dispute resolution and litigation support in various civil and employment courts and tribunals. Advised on possible class action litigation.
- World-leading healthcare products and services provider – Representation in compliance investigations conducted by Health Professions Council of South Africa, conducted related internal investigation, and advised on self-reporting obligations as well as remedial steps and consequence management.
- Virgin – Advised on statutory investigating and reporting obligations and interactions with regulators in respect of various workplace incidents.
- Amazon – Advised on sanctions, trade control and white-collar crime regulatory frameworks and law enforcement agency engagement.
- Global digital travel company – Advised on internal fraud investigations and conducting related asset-tracing and recovery of losses.
- Tech Mahindra – Provided advice on exiting contractual arrangements, cross border restructuring and business transfers.
- South African Rugby Union – Conducted an internal investigation prior to and during the 2019 World Cup in Japan into high profile allegations of racism and physical assault made against a national team rugby player (Eben Etzebeth).
- Private Equity Fund – Provided anti-money laundering, know-your-client and anti-bribery/anti-corruption compliance training.
- CSM Sports and Entertainment (an international sports and entertainment agency) – Investigated allegations of cross-border wrongdoing and breaches of internal protocols/policies. Advised on the removal of directors and executive level employees. Representation in court proceedings in South Africa and abroad relating to the investigation.
- Multi-national gaming company – Assisted with the removal of c-suite executives and directors (as well as related delinquency proceedings) and successfully defended ensuring High Court and employment tribunal proceedings. Also recovered monies that were misappropriated.
- Property development company – Traced and recovered misappropriated monies by obtaining anti-dissipation orders to attach assets and ‘freeze’ bank accounts. Instituted disciplinary proceedings against the responsible employees resulting in their dismissal and successfully defending ensuing tribunal proceedings. Also assisted with the laying of criminal charges against the relevant employees and assisted law enforcement agencies with the related criminal prosecution.
- Multi-national logistics and software company – Provided advice in relation to obligations to comply with and resist subpoenas, applying to set aside subpoenas, and representing client in proceedings brought by law enforcement agencies.
- Philip Morris – Prepared strike response plans and obtained industrial action interdicts; provided restructuring and retrenchment advice; represented client during Department of Labour & Employment regulatory compliance investigation and other unfair dismissal/unfair discrimination litigation.
- Old Mutual – Represented client in various review applications, unfair discrimination proceedings, and unfair dismissal disputes.
- University of Cape Town – investigated student wrongdoing during #RhodesMustFall and #FeesMustFall protests and represented the university during the relate disciplinary tribunals and High Court proceedings.
- Global business process outsourcing and IT company – Advised on setting up operations in South Africa, secondment arrangements and restraints of trade/confidentiality agreements; drafting dual employment and other contracts as well as internal policies and procedures.
- FIFA – Advised on setting up of local subsidiaries in Southern Africa and drafting various contracts.
- Western Province Rugby Union – Acted as independent investigator in relation to allegations of racial discrimination made by a senior coach.
- National Student Financial Aid Scheme – Investigated allegations of sexual harassment and bullying against senior executive employee.
- National Treasury – Conducted forensic investigation into supply chain management processes of the Department of Home Affairs and tender irregularities pertaining to the appointment of suppliers, and related advice.
- Department of Sports, Arts and Culture – Conducted forensic investigation into procurement and funding irregularities and providing related advice.
- Open Society Foundations – Advised the George Soros founded NGO on cross border operational restructuring and implications of South African and other legislation.
- King Commission of Inquiry into Cricket Match Fixing – Represented more than 30 current and former national cricket team players and coach during public hearings.
- Australian Cricketers Association – On the instructions of an Australian based international law firm and its client, the trade union for professional cricket players in South Africa, represented the Australian national cricket team during the initial International Cricket Council investigation into ball tampering allegations (colloquially known as ‘Sandpapergate’).
AREA OF EXPERTISE
Qualifications
Education
- Bachelor of Arts (BA), University of the Western Cape
- Bachelor of Laws (LLB), University of Cape Town
- Certificate in Sports Law, University of Cape Town
INSIGHTS
Overview
Mendel is an experienced legal practitioner specialising in investigations, corporate governance, regulatory compliance, employment law (both individual and collective) and sports law. He assists clients with complex issues/complaints/allegations/irregularities/wrongdoing requiring investigations, board level disputes and executive terminations, litigation as well as cross border and domestic representation in respect of law enforcement agencies and regulatory bodies, and has the necessary breadth and depth of expertise to provide integrated multi-disciplinary strategic advice and guidance to mitigate and manage the legal, reputational and commercial risks faced by organisations.
Mendel assists clients with the full spectrum of corporate and forensic investigations (including whistleblower complaints, corporate governance deficiencies, regulatory non-compliance, workplace bullying and harassment, unethical business practices, financial misconduct, external and internal audit irregularities, business intelligence, procurement and supply chain management irregularities, financial services debarments etc.) and provides related advice on remedial action, consequence management, litigation and enforcement proceedings arising from such investigations. He further provides regulatory compliance advice on and conducts corporate/M&A legal due diligences in respect of domestic and international anti-bribery/anti-corruption, anti-money laundering, sanctions regimes and white-collar crime legislation. He represents clients in their engagements with law enforcement agencies and regulatory bodies. He also specialises in employment law and sports law.
During his career, Mendel has built up a broad range of expertise across multiple industries in the private sector such as financial services, infrastructure, mining, consumer goods and retail, technology, logistics, pharmaceuticals and professional services as well as in the public sector (at a national, provincial and local government level as well as state-owned entities and statutory bodies). He has been a lawyer for more than 25 years, which has included over 20 years collectively at Bowmans (starting as a candidate attorney/trainee in 1999 and becoming an equity partner in 2010), dispersed with stints as the divisional in-house legal counsel for a listed South African corporate, an asset forfeiture lawyer with the Crown Prosecution Services and an investigator for the Standards Board for England.
Mendel was an acting judge of the Labour Court for periods during 2021, 2022 and 2023 and has been involved in some of South Africa’s most high-profile sports law matters to date, including the King Commission of Inquiry into Cricket Match-Fixing, the Australian test cricket team ball-tampering scandal known as ‘Sandpapergate’ and the investigation into allegations of racism against World Cup winning Springbok rugby player Eben Etzebeth.
Mendel has been an appearance lawyer since he was a trainee/candidate attorney and has appeared in the Labour Appeal and Labour Court, High Court, private arbitrations, employment tribunals and other dispute resolution chambers, as well as both regional and district Magistrates’ Court (in criminal and civil matters). He is an associate member of the Association of Certified Fraud Examiners and a member of the South African Society of Labour Lawyers. He was also the chairperson of the Legal Practice Council of the Western Cape for three years.
Mendel also specialises in all aspects of employment law (individual and collective) and advises on/assists with executive/c-suite appointments and terminations, restructuring/retrenchments, HR issues arising from corporate transactions, business transfers, outsourcing, collective bargaining, industrial action, unfair discrimination, unfair labour practices, legislative compliance, enforcement of post-termination obligations, contracts of employment, workplace policies and procedures as well as training.
Because of Mendel’s diverse and comprehensive range of experience, he has acquired a multi-facetted and cross-disciplinary skillset which he is able to leverage to provide clients with seamless ‘cradle to grave’ solutions across the full lifespan of any issues/complaints/allegations/grievances which pose material legal, commercial, reputational risks to them. For example, he is able to do all of the following – conduct the investigation to establish the relevant facts; advise on any applicable regulatory, statutory and compliance obligations; act in any related dispute resolution proceedings (whether criminal, regulatory enforcement, civil recovery and asset tracing, or internal disciplinary hearings and any employment forum/court/tribunal) which a client may be involved in taken; and provide strategic guidance and legal advice to boards of directors and c-suite executives to ensure possible outcomes and mitigate/manage risks.
Experience
Mendel has advised:
- Cricket South Africa (national governing body for cricket in South Africa) – Advised on various aspects of forensic investigation reports prepared by auditors relating to allegations of non-compliance with corporate governance frameworks and policies; possible failures of internal controls; and insufficient executive oversight exercised by directors, and c-suite executives.
- American multi-national fast-food chain – Conducted investigation into, and advising board on, various current and historical whistleblower complaints made in respect alleged irregularities with country-wide restaurant construction and property developments projects.
- T-Systems – Advised on allegations investigated by the Judicial Commission of Inquiry into State Capture. Provided anti-corruption/anti-bribery regulatory advice and director training. Advising on cross-border disclosure obligations and engagement obligations in relation to international law enforcement agencies.
- Global pharmaceutical company – Investigated fraud and forgery committed by executive level employees as well as non-compliance with internal governance processes. Advising on consequence management steps to be taken arising from the investigation as well as further remedial action.
- American based pan-African NGO – Conducted cross-border investigation into allegations of fraud and tax evasion and advising its USA based board of directors on Foreign Corrupt Practices Act compliance and related governance consequences.
- AECI – Investigated various whistleblower complaints against c-suite executives and providing related governance, compliance and remediation advice.
- Engen (national petrochemical company) – Conducted review of anti-bribery management system and recommending upgrades to improve prospects of successfully obtaining ISO 37001 certification.
- American multi-national ride-hailing company – Conducted various investigations and provided on-going dispute resolution and litigation support in various civil and employment courts and tribunals. Advised on possible class action litigation.
- World-leading healthcare products and services provider – Representation in compliance investigations conducted by Health Professions Council of South Africa, conducted related internal investigation, and advised on self-reporting obligations as well as remedial steps and consequence management.
- Virgin – Advised on statutory investigating and reporting obligations and interactions with regulators in respect of various workplace incidents.
- Amazon – Advised on sanctions, trade control and white-collar crime regulatory frameworks and law enforcement agency engagement.
- Global digital travel company – Advised on internal fraud investigations and conducting related asset-tracing and recovery of losses.
- Tech Mahindra – Provided advice on exiting contractual arrangements, cross border restructuring and business transfers.
- South African Rugby Union – Conducted an internal investigation prior to and during the 2019 World Cup in Japan into high profile allegations of racism and physical assault made against a national team rugby player (Eben Etzebeth).
- Private Equity Fund – Provided anti-money laundering, know-your-client and anti-bribery/anti-corruption compliance training.
- CSM Sports and Entertainment (an international sports and entertainment agency) – Investigated allegations of cross-border wrongdoing and breaches of internal protocols/policies. Advised on the removal of directors and executive level employees. Representation in court proceedings in South Africa and abroad relating to the investigation.
- Multi-national gaming company – Assisted with the removal of c-suite executives and directors (as well as related delinquency proceedings) and successfully defended ensuring High Court and employment tribunal proceedings. Also recovered monies that were misappropriated.
- Property development company – Traced and recovered misappropriated monies by obtaining anti-dissipation orders to attach assets and ‘freeze’ bank accounts. Instituted disciplinary proceedings against the responsible employees resulting in their dismissal and successfully defending ensuing tribunal proceedings. Also assisted with the laying of criminal charges against the relevant employees and assisted law enforcement agencies with the related criminal prosecution.
- Multi-national logistics and software company – Provided advice in relation to obligations to comply with and resist subpoenas, applying to set aside subpoenas, and representing client in proceedings brought by law enforcement agencies.
- Philip Morris – Prepared strike response plans and obtained industrial action interdicts; provided restructuring and retrenchment advice; represented client during Department of Labour & Employment regulatory compliance investigation and other unfair dismissal/unfair discrimination litigation.
- Old Mutual – Represented client in various review applications, unfair discrimination proceedings, and unfair dismissal disputes.
- University of Cape Town – investigated student wrongdoing during #RhodesMustFall and #FeesMustFall protests and represented the university during the relate disciplinary tribunals and High Court proceedings.
- Global business process outsourcing and IT company – Advised on setting up operations in South Africa, secondment arrangements and restraints of trade/confidentiality agreements; drafting dual employment and other contracts as well as internal policies and procedures.
- FIFA – Advised on setting up of local subsidiaries in Southern Africa and drafting various contracts.
- Western Province Rugby Union – Acted as independent investigator in relation to allegations of racial discrimination made by a senior coach.
- National Student Financial Aid Scheme – Investigated allegations of sexual harassment and bullying against senior executive employee.
- National Treasury – Conducted forensic investigation into supply chain management processes of the Department of Home Affairs and tender irregularities pertaining to the appointment of suppliers, and related advice.
- Department of Sports, Arts and Culture – Conducted forensic investigation into procurement and funding irregularities and providing related advice.
- Open Society Foundations – Advised the George Soros founded NGO on cross border operational restructuring and implications of South African and other legislation.
- King Commission of Inquiry into Cricket Match Fixing – Represented more than 30 current and former national cricket team players and coach during public hearings.
- Australian Cricketers Association – On the instructions of an Australian based international law firm and its client, the trade union for professional cricket players in South Africa, represented the Australian national cricket team during the initial International Cricket Council investigation into ball tampering allegations (colloquially known as ‘Sandpapergate’).
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