Adv Don Mahon SC

A commercial litigator who writes the law as well as argues it.


50+ Reported judgments
22 Academic publications
30 Junior advocates led
853 Pro bono hours (2017 to 2021)
6 Pupils mentored
5 Bar Council terms

Profile

Counsel


Adv Don Mahon SC

Senior CounselJohannesburg Society of AdvocatesMaisels Group of Advocates

Adv Don Mahon SC is a Senior Counsel practising from Maisels Chambers in Johannesburg. Conferred Silk by President Cyril Ramaphosa in 2024 and serving as Chairman of the Johannesburg Society of Advocates for 2025/2026, he has practised commercial litigation and arbitration for two decades across company law, business rescue, insolvency, construction, customary and constitutional law.

He has appeared without a leader before the Constitutional Court, the Supreme Court of Appeal and the Botswana Court of Appeal. He is the author of 22 published legal articles, one of which has been cited with approval by the High Court of South Africa. He is co-counsel in the Steinhoff class action, involving shareholder losses exceeding R185 billion, and is the founder of the Mahon Foundation, a registered Public Benefit Organisation focused on educational access.

Practice

01

Company Law and Corporate Governance

Disputes involving directors, shareholders and the exercise of corporate power under the Companies Act 71 of 2008.

02

Construction and Engineering Law

Disputes between contractors, employers and subcontractors across major construction and infrastructure projects.

03

Business Rescue and Insolvency

The full range of corporate financial distress, from business rescue proceedings to liquidation, sequestration and creditor disputes.

Areas of practice

Practice


01

Company Law and Corporate Governance

Disputes involving directors, shareholders and the exercise of corporate power under the Companies Act 71 of 2008.

02

Construction and Engineering Law

Disputes between contractors, employers and subcontractors across major construction and infrastructure projects.

03

Business Rescue and Insolvency

The full range of corporate financial distress, from business rescue proceedings to liquidation, sequestration and creditor disputes.

04

Financial Services and Securities Law

Regulatory enforcement, market abuse and investor protection before the courts and specialist tribunals.

05

Customary Law

Matters at the intersection of living customary law, constitutional rights and the statutory recognition of customary marriages.

06

Constitutional and Administrative Law

Fundamental rights, public power and the rule of law, including matters before the Constitutional Court.

07

Arbitration

Appearing as counsel and sitting as arbitrator in domestic and international commercial and construction disputes.

Appointments & practice

Experience


  1. 2024 to present

    Chairman

    Johannesburg Society of Advocates

    Leading South Africa's largest Bar society in the promotion of an independent, transformed and capable legal profession.

  2. 2024

    Senior Counsel (Silk)

    Conferred by President Cyril Ramaphosa

    Designated Senior Counsel by President Cyril Ramaphosa, in recognition of advocacy, leadership and contribution to the legal profession.

  3. 2019 to present

    Member and Committee Chair

    Legal Practice Council — Regional Ethics and Enforcement Committee

    Appointed by the Legal Practice Council to sit on and chair investigating and disciplinary committees concerning counsel and attorneys.

  4. 2005 to present

    Member and Management Committee Member

    Maisels Group of Advocates, Johannesburg

    Member and Management Committee member of one of Johannesburg's leading independent chambers.

  5. 2021

    Acting Judge

    North and South Gauteng High Court

    Appointed on two occasions to sit as an acting judge of the High Court of South Africa. All judgments handed down within one week.

  6. 2021 to present

    Co-Counsel

    Steinhoff Class Action

    Acting for claimant shareholders in proceedings brought against the Steinhoff group, its auditors, directors and investment bankers. Losses claimed exceed R185 billion.

  7. 2020 to 2022

    Chairman, Young Bar Committee (three terms)

    Johannesburg Society of Advocates

    Led the JSA's Young Bar Committee, initiating programmes on mental health at the Bar, pupil mentor induction and centralised fee recovery for junior advocates.

  8. 2018 to 2022

    Secretary, Professional and Fees Committee

    Johannesburg Society of Advocates

    Served for five years as Secretary of the JSA's Professional and Fees Committee, providing over 300 professional ethics rulings to members of the Johannesburg Bar.

  9. 2005

    Admitted to the Johannesburg Bar

    Completed pupillage under Michael Cochrane (now SC). Admitted as an advocate on 9 March 2005. Admitted as a JSA member on 9 December 2005. Red bag received from JJ Brett SC in 2012.

Before the courts

Representative Matters


Minister of Justice and Constitutional Development and Others v Prince and Others 2018 (6) SA 393 (CC)

Landmark unanimous Constitutional Court judgment on the constitutional right to privacy and the prohibition on private cannabis use and cultivation.

Tsambo v Sengadi (244/19) [2020] ZASCA 46

Supreme Court of Appeal judgment on the requirements for a valid customary marriage, arising from the estate of South African hip-hop artist Jabulani Tsambo (HHP).

Oakdene Square Properties (Pty) Ltd and Others v Farm Bothasfontein (Kyalami) (Pty) Ltd and Others 2013 (4) SA 539 (SCA)

The first Supreme Court of Appeal judgment to establish the legal test for the granting of a business rescue order under the Companies Act 71 of 2008.

Hlumisa Investment Holdings RF Ltd and Another v Kirkinis and Others 2020 (5) SA 419 (SCA)

Leading Supreme Court of Appeal judgment on the reflective loss rule and the liability of directors and auditors to individual shareholders under the Companies Act.

Nova Property Group Holdings Ltd v Cobbett 2016 (4) SA 317 (SCA)

Supreme Court of Appeal judgment on the right of shareholders and creditors to access a company's financial records under the Companies Act.

Cooperativa Muratori & Cementisti and Others v Companies and Intellectual Property Commission and Others 2021 (3) SA 393 (SCA)

Supreme Court of Appeal judgment on whether a foreign-incorporated company can access the business rescue provisions of the South African Companies Act.

Zietsman and Another v Directorate of Market Abuse and Another 2016 (1) SA 218 (GP)

The leading reported South African judgment on the elements and enforcement of the prohibition on insider trading.

Commission of Enquiry into Allegations of State Capture (Zondo Commission)

Appeared without a leader before Deputy Chief Justice Zondo, representing the South African Ambassador to the Netherlands, among other witnesses.

Stated as fact

Credentials


Admissions

  • High Court of South Africa, All Divisions2005
  • Supreme Court of Appeal2005
  • Constitutional Court of South Africa2005
  • High Court of Botswana (ad hoc)2014
  • Botswana Court of Appeal (ad hoc)2014

Education

  • Bachelor of Laws (LLB), University of Pretoria2004
  • AIPSA Diploma in Insolvency Law and Practice, University of Pretoria2004
  • Certificate in Arbitration, Association of Arbitrators of Southern Africa2007

Memberships

  • Johannesburg Society of AdvocatesChairman, 2024 to present; Bar Council member, five terms
  • Association of Arbitrators of Southern AfricaFellow
  • Chartered Institute of ArbitratorsMember
  • Maisels Group of AdvocatesMember; Management Committee
  • Legal Practice CouncilRegional Ethics and Enforcement Committee, 2019 to present

Recognition

  • Senior Counsel2024 Conferred by President Cyril Ramaphosa
  • Acting Judge: North Gauteng High CourtFebruary 2021
  • Acting Judge: South Gauteng High CourtSeptember 2021
  • Mail and Guardian 200 Young South Africans2013
  • Red bag donated by JJ Brett SC2012
  • President Obama's Young African Leaders Initiative2013 Washington Fellowship (invited)
  • Lecturer University of Pretoria (Construction Law); Law Society of the Northern Provinces; JSA Pupillage Programme

Instructions

Briefs and instructions are accepted from instructing attorneys.

Maisels Group of Advocates · 2nd Floor, Maisels Chambers, 4 Protea Place · Sandown · Johannesburg