ANC stalwart and businessman Mathews Phosa, acting in his capacity as chief executive officer of a mining company, Transasia 1, has filed a formal complaint with the Legal Practice Council (LPC), seeking punitive action against leading law firm Werksmans Attorneys for what he describes as a blatant breach of professional ethics.
The saga began in August 2019, when Transasia 1 engaged Werksmans Attorneys to represent it in a commercial dispute. According to Phosa, a seasoned politician not known to back down from a fight, Werksmans became privy to confidential information, trade secrets and business strategies during the course of their engagement.
Fast forward to 2024, he continues, the same firm is now representing Caterpillar Financial Services SA (CFSSA) in a legal dispute against Transasia 1, despite having had access to sensitive information that is central to the case.
In his complaint to the LPC, Phosa outlines the gravity of the situation: “During the pe-riod of such engagement, Werkmans became privy to some confidential information or trade secrets of our company as a client. Part of the confidential information was agreements, which our company had with third parties during the scope of its business.
“Despite being conflicted as a result of being former attorneys of our company and having had sight of the agreement or dispute on the matter, Werkmans proceeded to take instructions to prosecute the matter from another party.
“The conflict of interest arises from the fact that Werkmans is acting against the same company, directors and the mine which was its client and was equipped with its trade secrets.
“We submit that the conduct or behaviour of Werkmans is unethical and seriously constitutes misconduct hence this complaint.”
Phosa also accuses Werksmans of acting “without dili-gent or proper background check of such serious conflict of interest and/or to at least engage our company as a client to determine its stance on such conflict of interest”.
He further asserts that the firm’s actions are “unethical and seriously constitute misconduct”.
At the heart of the matter is the principle of attorney-client confidentiality and the -duty of legal practitioners to avoid conflicts of interest.
The LPC’s rules of professional conduct clearly state that attorneys must avoid situa-tions that could compromise their independence, objectivity or duty of confidentiality.
Phosa argues that Werksmans has violated these rules, thereby prejudicing the fairness of the proceedings and the rights of the parties involved.
Before reporting the law firm to the LPC, Phosa’s legal team, led by Thomas Sibuyi of TTS Attorneys, wrote letters to Werkmans, warning it to -desist. In a letter dated August 26 this year, Sibuyi called upon Werksmans to withdraw as attorneys of record for Cater-pillar Financial Services, citing the significant conflict of interest.
“Werksmans Attorneys’ continued involvement in this matter may place your law firm in a position where your professional duties and obligations to one party conflict with your obligations to another.
“Specifically, in relation to prior representation, access to confidential information, and representation of an opposing party,” the letter stated.
However, Werksmans refused to back down. In its response dated August 29, the firm dismissed the conflict of interest claims as false.
“We are firmly of the view that no conflict of interest -exists, and that nothing prevents Werksmans from acting on behalf of CFSSA in the pending legal proceedings.”
The firm went on to argue that Phosa’s complaint was “a mere repetition of previous unmeritorious and unsuccessful complaints by Transasia 1 against Werksmans”.
In another letter also dated August 29, Sibuyi warned Werksmans that Transasia 1 would escalate the matter if it did not comply with their letter of demand.
In its response to Sibuyi’s letters, Werksmans stated that should Transasia 1 elect to escalate the matter as threatened, it reserves the right to disclose this correspondence to the court and/or any other body seized with the complaint.
LPC spokesperson Kabelo Letebele said: “A complaint was received on 5 September 2025, and is under investigation.
We cannot disclose further details at this stage.”
