Service & Scholarship

A career built on more than the brief.

The practice of advocacy carries obligations that extend beyond any individual instruction. Through more than twenty years at the Johannesburg Bar — and through the Mahon Foundation, the JSA's committees, and the chambers he has shared with juniors he has helped build into practitioners — Don Mahon SC has pursued those obligations with the same rigour and commitment he brings to the most demanding matters in his practice. He is now the Chairperson of the Johannesburg Society of Advocates. The role is both a recognition of that record and a continuation of it.

Beyond practice

Contributions


01

Leadership | The Bar

Chairman, Johannesburg Society of Advocates

Serving as Chairman of South Africa's largest Bar, representing the independent advocacy profession before the Legal Practice Council and the legal community.

02

Philanthropy | Education

The Mahon Foundation

Founder of a registered Public Benefit Organisation providing bursaries, scholarships and outreach programmes to students from disadvantaged communities.

03

Legal Scholarship | Publications

South African Commercial Law Blog

Founder and editor of a practitioner-led commercial law publication. Articles from the Blog have been cited with approval in judgments of the High Court of South Africa.

04

Transformation | Mentorship

Mentorship and Transformation at the Bar

A sustained commitment to the briefing, mentoring and professional advancement of black and female advocates at the Johannesburg Bar.

05

International Practice | Professional Development

The 39 Essex Initiative

Co-creator of a programme enabling junior Maisels Group advocates to shadow barristers at 39 Essex Chambers in London, one of England's leading sets.

06

Judicial Service | The Bench

Acting Judge, High Court of South Africa

Appointed on two occasions to sit as an acting judge of the High Court, presiding over civil trials, opposed motions and liquidation proceedings.

07

Civil Society | Pro Bono

Pro Bono Practice (2017 to 2021)

853 pro bono hours undertaken between 2017 and 2021, including landmark constitutional and customary law litigation before the Constitutional Court and the Supreme Court of Appeal.

08

Recognition | Public Life

Mail and Guardian 200 Young South Africans (2013)

Selected for the Mail and Guardian's annual recognition of South Africa's most promising young leaders across law, business, science, the arts and civil society.

Programmes

Initiatives


Co-created and implemented, together with Lane SC and Cochrane SC, a structured exchange programme enabling junior members of the Maisels Group to spend time at the 39 Essex Barristers' Set in London. Participants are exposed to British solicitors, the Bar of England and Wales and the British clerking system, attend British courts, and actively participate in pending matters.

The programme was designed with three specific objectives: to provide junior advocates with an international professional profile that increases their marketability; to expose them to how advocates in a comparable jurisdiction develop and sustain their practices; and to build lasting professional relationships between the Johannesburg Bar and the 39 Essex Set. The cost of attendance is subsidised by senior members of the Maisels Group.

Negotiated a sponsorship of internet facilities and connectivity for the JSA's Bar Council transformation SALA House Initiative in 2016/2017, enabling new members of the Bar — particularly those without established chambers infrastructure — to access online legal resources free of charge. A practical contribution to lowering the practical barriers to entry for junior advocates from disadvantaged backgrounds.

The Mahon Foundation is a registered charitable trust and Public Benefit Organisation founded in 2013, with the purpose of providing educational access, academic support and scholarship funding to students from disadvantaged backgrounds, with a particular focus on legal education and transformation of the profession.

Since 2015, the Foundation has distributed in excess of R6.2 million to beneficiaries. In 2020 and 2021 alone, the Foundation provided LLM bursaries totalling over R1.35 million to fifteen previously disadvantaged students studying through the University of the North West and the University of Johannesburg. Over 80 percent of the Foundation's beneficiaries are black individuals. Other beneficiaries include schools and orphanages.

The Foundation's work extends well beyond formal bursaries. It has contributed in excess of R200 000 to the JSA Transformation Fund and the JSA Pupillage Bursary Fund — contributions acknowledged by five successive Chairpersons of the Bar Council. It has funded secondary school tuition, technical education, school equipment for low-income communities, and direct financial assistance to junior advocates at the JSA who have had difficulty meeting their group fees. It has created a dedicated junior brief fund, contributing over R400 000 to facilitate the briefing of junior black and female advocates.

The Foundation's income has been derived entirely from donations solicited personally by Don Mahon SC. It is not a passive vehicle — it is an active institutional expression of his commitment to the transformation of the legal profession and of South African society.

Appointments

Public Service


Counsel — Commission of Enquiry into Allegations of State Capture

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

Appeared as counsel before the Commission of Enquiry into Allegations of State Capture, chaired by Deputy Chief Justice Raymond Zondo (as he then was). Represented amongst others the South African Ambassador to the Netherlands, Bruce Koloane, in proceedings before the Commission. The Zondo Commission was the most significant public inquiry in post-apartheid South Africa, examining systemic corruption involving the highest levels of government and the private sector over a period extending from approximately 2009 to 2017.

Arbitrator and Adjudicator — Commercial and Construction Disputes

Various — AFSA, Private Arbitrations

Appointed as arbitrator and adjudicator in commercial and construction disputes, including as arbitrator in the matter of Mcloughlin v Moreira (October 2013), concerning warranties given in a property sale agreement, and Cocks v Gerber Fastening Systems (Pty) Ltd (September 2013), concerning an alleged breach of an agency agreement. Has also been appointed in numerous construction adjudication matters.

Acting without fee

Pro Bono


Minister of Justice and Constitutional Development v Prince — Constitutional Court

Appeared as lead counsel, without fee, in the matter that reached the Constitutional Court as a challenge to the constitutional validity of legislation criminalising the private possession and use of cannabis by adults. The litigation spanned both the High Court and the Constitutional Court. The Court unanimously upheld the challenge, striking down the impugned provisions as an unreasonable infringement of the right to privacy. The judgment is the leading authority on the boundaries of State power in the private sphere and one of the most significant constitutional decisions of the post-2010 era.

Tsambo v Sengadi — Supreme Court of Appeal

Appeared without fee for the family of the late Jabulani Tsambo (HHP) in urgent High Court proceedings and the subsequent appeal before the Supreme Court of Appeal, in a matter concerning the validity of a customary law marriage and the rights arising from it. The matter raised foundational questions about the evolution of customary law and the requirements of the Recognition of Customary Marriages Act 120 of 1998. Led junior counsel in both the High Court and the SCA.

Nedbank Limited v Collatz — Gauteng High Court

Appeared without fee in a civil trial concerning the remedies available to a spouse married in community of property where the deceased partner had, without her knowledge or consent, procured the disbursement of loan funds into an account in her name in contravention of section 15 of the Matrimonial Property Act 1984. The matter raised important questions about the protection of spousal rights in community of property marriages and the obligations of lending institutions.

Organisations

Affiliations


39 Essex Barristers — London

Co-founder, Exchange Programme

Co-created and implemented an exchange programme enabling junior members of the Maisels Group to spend time at the 39 Essex Chambers in London, gaining exposure to British solicitors, the Bar of England and Wales, and the British clerking system. The programme was designed to provide junior advocates with an international profile, expand their professional networks, and foster relations between the Johannesburg Bar and one of England's leading commercial chambers. Costs are subsidised by senior members of the Group.

Mail & Guardian

200 Young South Africans — 2013

Listed among the Mail & Guardian's 200 Young South Africans of 2013, in recognition of his contribution to the transformation of the legal profession and his work in founding the Mahon Foundation.

Young African Leaders Initiative — US Embassy, Pretoria

Invited Participant — Washington Fellowship (2013)

Personally invited by the United States Ambassador to South Africa, Patrick H. Gaspard, to participate in President Barack Obama's Young African Leaders Initiative — the Washington Fellowship — a programme for young African leaders offering engagement with US universities, government and civil society. The invitation followed recognition by the editorial staff of the Mail & Guardian. The invitation was regrettably declined due to a prior professional commitment.

Roles

Institutional Roles


  • Johannesburg Society of Advocates— Chairperson
  • Johannesburg Society of Advocates — Bar Council— Elected Member (2016/17, 2018/19, 2019/20, 2020/21, 2021/22)
  • Johannesburg Society of Advocates— Chairperson, Young Bar Committee (appointed three times)
  • Chairperson, Constitutional Review Committee— Johannesburg Society of Advocates
  • Secretary, Professional and Fees Committee— Johannesburg Society of Advocates
  • Legal Practice Council — Regional Ethics and Enforcement Committee— Member and Committee Chair (investigating and disciplinary committees)
  • North Gauteng High Court, Pretoria— Acting Judge
  • South Gauteng High Court, Johannesburg— Acting Judge
  • Maisels Group— Elected Member, Management Committee

The Record

“Basic compassion is a necessary attribute, not only of someone who considers him or herself deserving of Silk, but of any decent human being.”

Collaborate or Connect

If you are interested in discussing a mandate, a speaking engagement, or the work of the Mahon Foundation, please reach out via the contact details on this profile. Don Mahon SC welcomes enquiries from instructing attorneys, academic institutions, community organisations and fellow members of the profession.