Ben provides concise and practical advice on specialised aspects of constitutional law and international law, and the complex intersection between the two. These range from human rights (including freedom of expression, access to information, consumer protection, education and equality) to economic governance (including anti-corruption, expropriation, public procurement, foreign investment, trade and tax administration).

Ben delivers advice and training on these topics to law firms and other businesses, and also regularly appears in the media (print, online, television and radio), aiming to make the law more accessible to the wider public.

Constitution Hill, Braamfontein
© Ben Winks

Ben has advised a diverse range of clients on a variety of legal issues, including:

  • various businesses on crisis management measures in response to data theft, defamation, unlawful competition, cyber attacks and other forms of commercial sabotage
  • newspapers, publishers and broadcasters on mitigating the risks of civil litigation (privacy, dignity and defamation suits) and criminal prosecution (under national security and other laws)
  • various multinational enterprises on South Africa's unilateral termination of its bilateral investment treaties, repudiation of the 2006 SADC Protocol on Finance and Investment, and introduction of the 2015 Protection of Investment Act
  • several multinational mining companies on empowerment and other requirements under the 2010 Mining Charter, the 2013 Mineral and Petroleum Resources Development Amendment Act, and the draft 2016 Mining Charter
  • various local and multinational investors on legislative proposals to reform property rights, including the 2014 Property Valuation Act, the 2015 Expropriation Act, the draft Preservation and Development of Agricultural Land Framework Bill, and the draft Regulation of Land Holdings Bill
  • a multinational petroleum company on complex administrative law aspects of a series of disputes with the South African Revenue Service
  • the Security Industry Alliance on indigenisation clauses in the 2012 Private Security Industry Regulation Amendment Bill
  • several multinational mining enterprises on indigenisation and other regulatory requirements in Zimbabwe, Ghana, Tanzania and the Democratic Republic of Congo
  • the Independent Regulatory Board for Auditors on the scope of its disciplinary jurisdiction and other regulatory issues

Prison Door, Awaiting Trial Block, Old Fort
Constitution Hill, Braamfontein
© Ben Winks

Preamble to the Constitution
Constitution Hill, Braamfontein
© Ben Winks