Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698834159703.pdf (South Africa)
1 Kgomotso Busisiwe Mufamadi Johannesburg, South Africa Kgomotso is an experienced attorney, labour consultant, a commissioner of the Commission for Conciliation Mediation and Arbitration and a lecturer at the University of Johannesburg,.

She is also President of the Wits University Convocation.

She has worked as a legal researcher for former Justice Kate O’Regan, current Chief Justice Mogoeng Mogoeng and the late former Chief Justice Arthur Chaskalson of the Constitutional Court of South Africa.
She is a fellow of both Brightest Young Minds and the Aspen Institute’s African Leadership Initiative.

She is also the 2014 recipient of the Inyathelo Youth in Philanthropy Award in addition to being named one of Mail and Guardian's Top 200 Young People to Watch in 2015.

Kgomotso holds a diploma in Social Entrepreneurship from the Gordon Institute of Business Science and practiced at Cheadle Thompson Haysom Inc in Johannesburg for 4 years.
Kgomotso holds a Bachelor of Arts degree in Political Science and Law, a Bachelor of Laws degree and a Masters in Law degree (Intellectual Property and Media Laws) all from the University of the Witwatersrand.

She is a member of the Charities Aid South Africa Board of Directors and is the chair of its Governance Committee.

Kgomotso is also a seasoned facilitator, having facilitated conversations with the likes of Former Justices Dikgang Moseneke and Edwin Cameron.
Kgomotso is currently reading towards her PhD in Labour Law at the University of the Western Cape.

She is not only a seasoned attorney and commissioner, but an experienced manager, well-cited teacher of the law and accredited research professional.

2 PROFESSIONAL EXPERIENCE 1.


Commission for Conciliation, Mediation and Arbitration, Johannesburg (2017 – Present) Part-time Commissioner • Conciliation and Arbitration of general labour disputes including, but not limited to, unfair dismissals and unfair labour practices • Drafting of various rulings and awards • 2.
WMN Inc Attorneys, Johannesburg (May 2021 – Present) Consulting Director – Employment Law • Supervision of 3 associate attorneys and 1 candidate attorney • Management and oversight of department • Advising clients (both employers and employees) on employment related matters including but not limited to: o S189 dismissals o Policy development, drafting and revision o Chairing of hearings o In house training in relation to labour policies o Matters of mutual interest • Preparation of clients for matters at the CCMA and Bargaining Councils 3.
Commission for Conciliation, Mediation and Arbitration, Johannesburg (October 2018 – March 2019 – Fixed Term) Senior Researcher • Conducting and facilitating research projects • Coordination of activities of team of three researchers • Strategic proposals future research projects 4.
University of Johannesburg, Johannesburg (01/2015 – Present) Lecturer 3 • Preparation and presentation of lectures in Introduction to Legal Studies, Post Graduate Labour and Labour Law (LLM) • Academic research – primarily labour law 5.
Cheadle Thompson & Haysom Inc, Johannesburg (01/2013 – 01-2015) Associate Attorney (Admitted Attorney of the High Court of South Africa) • Drafting of Legal Documents (eg contracts) and pleadings, legal opinions and legal letters • Appearances and representation of clients in both District and Regional Magistrates’ Courts, arbitrations as well as the Labour Court of South Africa • Meeting with clients and providing legal advice if litigation is unnecessary • Client relationships and liaison • Assisting with recruitment of Candidate Attorneys from Universities • Training of new Candidate Attorneys within the firm • Instruction of Advocates in various matters • Key practice areas include: - Labour Supervised by Reynaud Daniels - drafting and finalizing of pleadings and opinions for: o several section 189 retrenchments for several COSATU Unions o review applications for several COSATU Unions o drafting of pleadings in review applications, and section 158 applications for many Union members o several arbitrations at CCMA and various Bargaining Councils for Union clients o Opposing strike interdict applications against large international mining companies on behalf of large COSATU Union o Opposing several strike interdict applications against several large Metropolitan Municipalities o Opposing strike interdicts against large state-owned transportation firm o Opposing several strike interdicts 4 against large refuse collection firm o Urgent application seeking investigations of fraud at large refuse collection firm and large transportations o Collation of information, drafting of witness statements and attendance for large Union at wage arbitration against large utility firm.
o Collation of information and liaising with Department of Labour for merger to one larger COSATU union and a smaller union Supervised by Molatelo Makhura o appearances for several condonation hearings for large COSATU unions Supervised by Komeshan Naidoo and Brendan Barry o Regular attendance and administrative assistance at Marikana Commission of Inquiry - Media drafting of pleadings for defamation matters involving: Supervised by Karien Norval o provincial newspapers o national newspapers o several matters between Union members and large COSATU Unions - Constitutional law Supervised by Reynaud Daniels o Act presently for client to launch proceedings relating to religious freedoms of Mosques in South Africa regarding “call to prayer” o South African Transport and Allied Workers Union (SATAWU) and Others v Moloto NO and Another 2012 (11) BCLR 1177 (CC); [2012] 12 BLLR 1193 (CC); (2012) 33 ILJ 2549 (CC) - Contract law o drafting settlement agreements and trust deed for large sanitation Trust o revision of contracts for large sanitation Trust 5 6.
Cheadle Thompson & Haysom Inc, Johannesburg (01/2011 – 12/2012) Candidate Attorney • Shadowed and provided professional various attorneys within the firm • Drafted of legal documents, pleadings and opinions on a supervised basis • Made appearances in the District Magistrates’ Court and various arbitrations, supervised by an attorney • Drafted legal letters on behalf of clients • Maintained relationships with our clients and was responsible for maintaining contact with them • Was responsible for providing free legal advice to walk-in clients • Supervised by Reynaud Daniels (Labour) and Karien Norval (Media) 7.
Constitutional Court of South Africa, Johannesburg (01/2009 – 07/2010) Legal Researcher • Assisted former Justice Kate O’ Regan, Chief Justice Mogoeng Mogoeng and the late former Chief Justice Arthur Chaskalson with various research assignments • Researched pending matters before the courts prior to hearings • Drafted pre-hearing memoranda • Research pending matters at the stage of judgment writing • Drafted post hearing memoranda to assist in the drafting of judgments • Researched various legal issues for judges’ speeches as well as the compilation of lectures.
• Edited judgments prior to hand down • Drafted media statements on behalf of the Court • drafting legal memoranda to assist Justice Kate O’Regan in: o Mazibuko and Others v City of Johannesburg and Others 2010 (3) BCLR 239 (CC) ; 2010 (4) SA 1 (CC) o Lufuno Mphaphuli & Associates (Pty) Ltd v Andrews and Another 2009 (4) SA 529 (CC) ; 2009 (6) BCLR 527 (CC) o African National Congress v Chief Electoral Officer of the Independent Electoral Commission 2009 (10) BCLR 971 (CC) ; 2010 (5) SA 487 (CC) 6 PUBLICATIONS PUBLICATIONS 1.
"Are Uber drivers employees?

A look at emerging business models and whether they can be accommodated by South African Labour Law" Industrial Law Journal (Juta), Vol.

37 Pt.

2, Issue 7 (July 2016), pp.

1574-1583.

2.

“Are Uber Drivers Employees or Independent Contractors: A Comparative Analysis” Industrial Law Journal (Juta), Vol.

39 Pt.

2, Issue 7 (July 2018), pp.

1453-1469.

3.


Kitty Malherbe, Kgomotso Mokoena et Darcy du Toit “Le droit du travail et la « révolution technologique » en Afrique du Sud” COMPTRASEC - UMR 5114 - CNRS - UNIVERSITÉ DE BORDEAUX 2019/20.

4.
4.

Kgomotso Mokoena “The Legislative Possibilities and Challenges Relating to the Private Possession and Use of Cannabis in South Africa” in Charl Hugo et al Legal Certainty and Fundamental Rights – A Cross Disciplinary Approach to Constitutional Principles in German and South African Law (Juta 2020) (available on request) 5.

Kgomotso Mokoena “The Subtleties of Racism in the South African Workplace” International Journal of Critical Diversity Studies Vol.

3, No.
3, No.

1, Troubling Seasons of Hate (June 2020), pp.

25-36 6.
25-36 6.

Kgomotso Mufamadi & Louis Koen “Independent contractors and Covid-19 relief: Tax and social insurance legislative reform to extend protection to independent contractors” South African Journal on Human Rights Volume 37, 2021 - Issue 2: Special Issue on ‘The Covid-19 Pandemic, Inequalities and Human Rights in South Africa’, produced in collaboration with the National Research Foundation South African Research Chair in Equality, Law and Social Justice 277-301.

7.
7.

Faheemah Karolia-Hussain and Kgomotso Mokoena “Lessons from the ILO’s Global Commission on the Future of Work Report for South Africa” in Stefan Van Eck, 7 Pamhidzai Bamu and Chanda Chungu (eds) Celebrating the ILO 100 Years on: Reflections on Labour Law from a Southern African Perspective Juta Cape Town (2020).

8.

Mufamadi, K., & Koen, L. (2022).

Promoting Access to Justice through the Broadcasting of Legal Proceedings.
Potchefstroom Electronic Law Journal, 25, (Published 3 June 2022) pp 1 – 28. https://doi.org/10.17159/1727-3781/2022/v25ia8122 9.

Mufamadi, K & Letsiri K (2022) Mandatory Vaccination against Covid-19: Implications for the South African Workplace in The Impact of Covid-19 on the Future of Law and Related Disciplines (2022).

10.
10.

Mufamadi, K. & Letsiri K. (2022) The implications of Derivative Misconduct on the Right to Strike: An Analysis of NUMSA obo Nganezi v Dunlop Mixing and Technical Services (Pty) Ltd, Constitutional Court Review (2022 Vol 12, 107-119).

11.

Mufamadi, K & Koen, LJ (2023) Artificial Intelligence and Racial Discrimination in Artificial Intelligence and Human Rights.

CONFERENCES 1.

LRRN4 Conference, Toronto (2017), “Are Uber Driver Employees?” 2.
XXII ISLSSL World Congress, Torino (2018), “A Consideration of whether Uber Drivers are employees or independent contractors in Various Jurisdictions” 3.

South African Law Teacher’s Conference, South Africa (2020), “The Legislative Possibilities and Challenges Relating to the Private Possession and Use of Cannabis in South Africa” 4.
Collaborative Conference Between University of Johannesburg and Augsburg University, Augsburg (2020), “The Legislative Possibilities and Challenges Relating to the Private Possession and Use of Cannabis in South Africa” 8 FACILIATION AND MEDIA APPEARENCES 1.

Book Discussion with Former DCJ D Moseneke https://www.facebook.com/UJLibrary/videos/742124743322906 2.

Discussion with Former Justice E Cameron “Reflections of a Retried Judge” https://www.facebook.com/UJLibrary/videos/283618169756878 3.
Facilitation for Juta – Launch of the Journal of the South African Chapter of the International Association of Women Judges https://blog.juta.co.za/in-celebration-of-ourwomen-we- proudly-announce-the-forthcoming-publication-of-the-journal-of-southafrican-chapter-of-the- international-association-of-women-judges/ 4.

Ted Talk - Access to the Internet as Human Right https://www.ted.com/talks/kgomotso_mokoena_access_to_the_internet_as_a_human_ri ght_nov_2020 5.
K Mokoena “Freelancers should also be able to access UIF relief” Sunday Independent https://www.iol.co.za/sundayindependent/analysis/freelancers-should-also-be-able- toaccess-uif-for-relief-46871255 6.

Forbes Africa https://www.forbesafrica.com/focus/2021/08/09/the-1956-womens-marchstill- resonates-today/ 7.
Carte Blanche https://m.youtube.com/watch?v=F1fRHW9B3dQ&feature=share&fbclid=IwAR0NTQKRvz BJ4X9nlepue665xpcSZHTpe961k6OZ_KtzBz5VR8XVzEXo8Q8 9 COMMUNITY OR VOLUNTEER WORK (non-paid) University of the Witwatersrand, Johannesburg President Elect (1 August 2023) Charities Aid Foundation Southern Africa, Johannesburg Director Chair, Governance (Board Sub-committee) • Provision of regular legal advice and strategic direction Enke: Make your Mark, Johannesburg Director, Board Chair • Provision of regular legal advice and strategic direction SpreadLuv Movement, Johannesburg CEO / Director Business Development / Career Guide • Responsibilities as indicated above • In addition at events I act as a Career Guide with the other volunteers, providing Career Guidance relating to the legal profession in addition to managing the overall event EDUCATION AND TRAINING 1.
University of the Witwatersrand, Johannesburg, South Africa (2011) Masters in Law (Intellectual Property Law and Media Law 10 2.

University of the Witwatersrand, Johannesburg, South Africa (2009) Bachelor of Law 3.

University of the Witwatersrand, Johannesburg, South Africa (2006) Bachelor of Arts (Political Science and Law) 4.

Gordon Institute of Business Science, Johannesburg, South Africa (2015) Certificate in Social Entrepreneurship 5.
University of the Western Cape, Cape Town, South Africa (2020 – present) PhD (Law) SKILLS Languages: English (Native) Computer: Microsoft Office applications, Windows 2000/2003/2007, Windows XP, Windows 8 REFERENCES 1.

Nerine Khan – 2.

Reynaud Daniels – CONTACT AND PERSONAL DETAILS Identity Number – Gender – Female Address - Mobile - Email – 11