Tshepo Mohapi
Attorney & Labour Law Consultant
LLB · University of Johannesburg
LPC Identifier: 36795
Languages: English and Xhosa.
Direct reception: 011 483 1527
Tshepo Mohapi
Attorney & Labour Law Consultant
Tshepo Mohapi advises employers and selected executive employees on workplace policies, disciplinary processes, restructuring and labour disputes. His experience also includes civil and commercial litigation, with published judgments involving passing-off and rescission proceedings.
Practice Areas & Services
Support for employers
Tshepo advises on employment policies, staff manuals, disciplinary procedures and workplace processes. His work includes chairing or presenting disciplinary proceedings, depending on the appointment and the need to preserve the appropriate independent role.
He assists clients with preparation for labour disputes, CCMA and bargaining-council proceedings, and Labour Court matters. The procedure and availability of legal representation must be assessed for the particular forum.
Selected executive employee matters
Senior employees may need advice on contracts, disciplinary allegations, employment termination or restructuring. The initial enquiry helps the firm assess the complexity, fit and appropriate scope of assistance.
Civil and commercial litigation experience
Alongside his labour-law practice, Tshepo's experience includes disputes about business goodwill and passing off, as well as applications concerning existing court judgments. The selected judgments below identify the practice and party represented at each stage.
Selected published judgments
Applebite: business goodwill and passing-off litigation
Tshepo Mohapi Attorneys
Recorded practice: Tshepo Mohapi Attorneys
Published judgments record Tshepo Mohapi Attorneys acting for the original applicants, and later for the respondents on appeal, in a dispute between restaurant businesses using the Applebite name and branding. The proceedings concerned business goodwill, passing off and competing signage and online marketing.
[2022] ZAGPJHC 706 · 20 September 2022
Passing-off relief
The court granted relief to Gonbar Investments CC and Alex Jay Catering CC, the second and third applicants. The dormant first applicant did not establish standing.
[2022] ZAGPJHC 706 (20 September 2022)[2022] ZAGPJHC 866 · 2 November 2022
Opposition to leave to appeal
The opposing parties' application for leave to appeal was dismissed with costs. The appearances record Tshepo Mohapi Attorneys instructing Advocate A P Allison for the original applicants.
[2022] ZAGPJHC 866 (2 November 2022)[2024] ZAGPJHC 22 · 12 January 2024
Appeal dismissed
After the Supreme Court of Appeal granted leave to appeal, the High Court full court dismissed the appeal with costs. Tshepo Mohapi Attorneys represented the respondents.
[2024] ZAGPJHC 22 (12 January 2024)
These decisions concern one dispute. The case is about passing off and goodwill, not a general determination of registered-trademark ownership. The Supreme Court of Appeal granted leave; the reported merits appeal was decided by the High Court full court.
Lumka v BMW Financial Services: rescission proceedings
[2023] ZAGPJHC 641 · 2023
[2023] ZAGPJHC 641
Recorded practice: Tshepo Mohapi Attorneys
Case number: 5301/2021
In Lumka v BMW Financial Services SA (Pty) Ltd and Another, the court dismissed Lumka's rescission application following non-compliance with an earlier procedural order. The published appearances identify Tshepo Mohapi Attorneys as acting for BMW Financial Services, the first respondent.
This was a favourable procedural result for BMW, not a victory against BMW or a determination of every issue in the underlying finance dispute.
The judgments record Tshepo Mohapi Attorneys as the instructing practice. They are included as Tshepo Mohapi's professional experience and are not described here as HRA instructions. Each matter depends on its facts.
Qualifications and experience
- LLB, University of Johannesburg.
- Practising as a labour lawyer since 2012; specialised in labour law from 2015.
- Experience includes disciplinary hearings, CCMA and bargaining-council arbitration, Labour Court and Labour Appeal Court proceedings.
- LPC identifier: 36795