Mathews Phosa takes on legal giants Werksmans at the LPC

ANC stalwart's firm accuses attorneys of conflict of interest

- By Setumo Stone

ANC stalwart and businessman Mathews Phosa, acting in his capacity as chief executive officer of a mining company, Transasia 1, has filed a formal complaint with the Legal Practice Council (LPC), seeking punitive action against leading law firm Werksmans Attorneys for what he describes as a blatant breach of professional ethics.

The saga began in August 2019, when Transasia 1 engaged Werksmans Attorneys to represent it in a commercial dispute. According to Phosa, a seasoned politician not known to back down from a fight, Werksmans became privy to confidential information, trade secrets and business strategies during the course of their engagement.

Fast forward to 2024, he continues, the same firm is now representing Caterpillar Financial Services SA (CFSSA) in a legal dispute against Transasia 1, despite having had access to sensitive information that is central to the case.

In his complaint to the LPC, Phosa outlines the gravity of the situation: “During the period of such engagement, Werkmans became privy to some confidential information or trade secrets of our company as a client. Part of the confidential information was agreements, which our company had with third parties during the scope of its business.