Rakgadi Mercy Phosa

About Rakgadi

Rakgadi joined GMI as an Associate in 2004, and was appointed as a Director in 2008. Her career started at GMI in the General Litigation Department with the main areas of practice being in the Personal Injury, Health Care, Medical Negligence and Mal-Practice, Insurance and Professional Negligence Departments. That is where her litigation skills were perfected. Through the years, her practice developed into a multi-disciplinary practice covering various aspects of the law. Presently, she focuses on Administrative and Legislative, Regulatory, Evictions, Procurement law, and general litigation. Rakgadi services mostly the public sector clients such as (“Seta’s”), municipalities and individual clients. One of the major cases that Rakgadi dealt with was the matter of The Residents of Schubart Park vs City of Tshwane Metropolitan Municipality (“CoT”). The matter raised complex Constitutional Law issues concerning right to property and it was eventually decided by the Constitutional Court. Briefly, the broad issue determined in that matter was what order is justified when residents approach the court for the re-occupation of their homes after they had been removed from them in a situation of urgency. Some 700 families were living at Schubart Park buildings. A number of residents started a protest about living conditions at the buildings. The protest involved the burning of tyres, the lighting of fires and the throwing of stones and objects from the buildings at vehicles and the police. The CoT had to evacuate the residents from the buildings because of their conduct. The evacuations prompted the residents to bring an urgent application in the North Gauteng High Court, Pretoria in which they sought orders allowing them to return to their homes. The application for re-occupation of their homes was dismissed. The residents sought leave to appeal to the Constitutional Court after leave to appeal was refused by both the High Court and the Supreme Court of Appeal. The Constitutional Court then decided the matter. Rakgadi believes that we can change the world and make it a better place. It is in our hands to make a difference, and that is why she is a member of the Cyberlaw Association, Black Lawyers Association and South African Women Lawyers’ Association. In 2010, CEO Magazine awarded her with a certificate of recognition as a winner in the Legal Sector for the most influential women in business and government.

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