David Hertz is the Chairman of Werksmans Attorneys, with deep experience in litigation and dispute resolution. He specialises in several disciplines, including arbitration; mediation; alternative dispute resolution (ADR); competition law (in particular unlawful competition); corporate law; and corporate fraud. David is consistently recognised in international rankings namely, as a leading lawyer in Dispute Resolution by Chambers Global and highly recommended in Dispute Resolution by the Legal500.
litigation and dispute resolution
arbitration
mediation
alternative dispute resolution (ADR)
corporate law
corporate fraud
insurance
intellectual property
litigation relating to flotations/listings
stock exchange and public documents
mergers, acquisitions, management buy-outs and take-overs
mining law
resources law
Advised / Represented / Acted on behalf of:
Represented Tongaat Hulett Limited ("THL") in a commercial dispute arising out of an agreement it entered into with KLL Group (Proprietary) Limited, a wholly-owned subsidiary of Barloworld Limited ("Barloworld"), for the purchase of THL's starch business as a going concern. The disposal agreement was subject to a material adverse change ("MAC") clause. Barloworld gave notice of a MAC event occurring as a result of, inter alia, the COVID-19 pandemic which, in its view, was reasonably likely to cause the March 2021 EBITDA of the starch business to be 82.5% less than the March 2020 EBITDA. THL disputed that the above MAC event had occurred. The dispute was heard before an independent third expert, who ruled wholly in favour of THL.
Lead attorney representing the Steinhoff Group in the largest corporate collapse in South African history. The representation is multi-faceted including:
retaining experts to conduct an investigation into accounting irregularities;
advising on regulatory and enforcement matters both in South Africa and internationally; and
representing the Steinhoff Group in resisting claims which have been instituted against it and in pursuing claims against various third parties.
BA LLB (Wits)
1993: Director, Werksmans
Head of Litigation & Dispute Resolution department
2015: Chairman, Werksmans
Ranked by Chambers Global | Band 1 | Dispute Resolution | 2008, 2019 - 2022, 2024
Ranked by Legal 500 | Hall of Fame | Dispute Resolution | 2022, 2024
Ranked as a leading practitioner by Legal 500 | Dispute Resolution | 2010 – 2021
Ranked as an expert consultant by IFLR 1000 | Mining | 2022
Ranked as a highly regarded practitioner by IFLR 1000 | Energy and Infrastructure; Project Development; Competition/Antitrust | 2015 – 2020
Named as a recommended lawyer in Who's Who Legal | Litigation | 2019 - 2021
Lifetime achievement award for commercial law by SAPSA in 2019.
Nominated as one of the most outstanding litigation lawyers by Acrita's in 2019.
Johannesburg 
+27 11 535 8283 
+27 11 535 8683 
