Nastascha Harduth

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Director

Location: Johannesburg

Tel: +27 11 535 8220

Fax: +27 11 535 8600

Email: nharduth@werksmans.com

ABOUT

Nastascha Harduth is a Director and has been with Werksmans since 2008. She was admitted in 2010, and has been a director within the firm’s Insolvency, Business Rescue and Restructuring practice since 2014.  Her legal practice focusses on business rescue and restructuring matters, but she has wide ranging experience in corporate insolvencies, dispute resolution and commercial litigation, as well as corporate debt recoveries.  Nastascha often advises on the duties and responsibilities of directors, the risk of incurring personal liability, and how to mitigate it.

Her experience extends well beyond the South African jurisdiction, and includes cross-border experience in the United States of America, Mauritius, Seychelles, Zambia, Botswana and Lesotho.

Nastascha Harduth regularly writes for various publications and contributes to the media. She is a member of the South African Restructuring and Insolvency Practitioners Association (SARIPA) and is a fellow of INSOL International, where she is extensively involved, sitting on the INSOL Fellows Steering Committee, the INSOL Webinar Committee, and on the INSOL Touchpoint Newsletter’s Editorial Committee.

Years of Experience: 12 years

  • Arbitration
  • Insolvency, Business Rescue, & Restructuring
  • Restructuring distressed and insolvent companies 
  • Business rescue proceedings beyond the South African Border
  • Liquidation proceedings
  • General commercial litigation (in the High Court and Magistrate's Court)
  • Alternative dispute resolution
  • Corporate fraud
  • Corporate Governance (Director Liability)
  • Shareholder/Director disputes

 

Noteworthy Experience

  • Advising the business rescue practitioners of Comair Limited, an aviation company listed on the Johannesburg Stock Exchange and flying under British Airways and kulula.com livery, in its business rescue.
  • Advising Netcare Hospitals on a derivative action against the Government of Lesotho on behalf of Tsepong, the company operating the only public referral hospital in Lesotho in a public private partnership with the Government of Lesotho.
  • Advising the business rescue practitioners of Group Five Limited, a construction company listed on the Johannesburg Stock Exchange, in its business rescue.
  • Member of a team of advisors to the consortium of lenders in the 2018/2019 restructuring of Edcon Limited, being one of South Africa's largest retailers.
  • Advising the business rescue practitioners of Basil Read Limited, a construction company listed on the Johannesburg Stock Exchange, in its business rescue.
  • Advised a major US-based energy company, SunEdision, in the winding up of its local subsidiaries.
  • Represented Nedbank as a major creditor in the business rescue of Stuttafords International Fashion Company, being one of South Africa's oldest retailers.
  • Represented Hernic Ferrochrome in its business rescue proceedings.
  • Representing Fortress HR Solutions as major creditor in the business rescue proceedings of Steval Engineering.
  • Successfully represented Tata, a global company in cross border insolvency proceedings, where the insolvent estate in Seychelles sought to compromise our client's claims in circumstances where the relationship between our client and the insolvent was regulated by Indian law.
  • 2002: BSc (Hons) Chemistry & Biochemistry (Rand Afrikaans University)
  • 2006: LLB (cum laude) (University of Johannesburg)
  • 2010: Admitted as an Attorney, Associate, Werksmans
  • 2012: Senior Associate, Werksmans
  • 2012: Diploma in Insolvency Law & Practice (cum laude) (University of Pretoria)
  • 2013: Advanced Short Course in Business Rescue Practice (with distinction) (University of South Africa & LEAD) 
  • 2014: Director, Werksmans

 

  • Fellow of INSOL International
  • Ranked lawyer (Up and Coming) by Chambers Global | 2020 – 2021 | Restructuring/Insolvency
  • Member of the Educational Committee for the INSOL International Regional Conference to be held in New York City in 2018
  • Member of the INSOL Fellows' steering committee 2017/2019