Administrative Law, Procurement Law and Constitutional Law experience:

• World Bank as consultant to the National Treasury: Cities Support Programme preparing a detailed legal review of the energy and electricity legislative framework and preparing a road map for municipal new generation capacity procurement and energy security, the mandate included stakeholder interactions and management with various government departments including the National Energy Regulator of South Africa, the Department of Minerals and Energy, the National Treasury, the Office of the Chief Procurement Officer.
• Legal transaction advisors to the Gautrain Management Agency in relation to the PPP procurement for the Gautrain Rapid Rail Link Project The Legal transaction advisory roll involves advising on all aspects of the transaction including the constitutional and administrative authority for procuring the Gautrain concessionaire when the current contract expires, designing and implementing a public procurement process which is fair, transparent equitable and complies with the constitutional standards of public procurement and evaluation and financial close for the project.
• Eskom Holdings SOC Limited with strategic legal advice and litigation on the structure of electricity distribution and supply in South Africa and its right to supply electricity in its licensed area of supply including within the municipal boundaries. The dispute relates to the correct interpretation of the Constitution of the Republic of South Africa, 1996 and whether it creates an exclusive right for the municipalities to supply and distribute electricity within municipal boundaries.
• Advising Department of Home Affairs in respect of the development, financing and construction of new border posts at six major ports of entry to South Africa through public private partnerships. Our work as legal transaction advisor involves advising on all aspects of the transaction including the constitutional and administrative law questions relating to power and authority for the project, the procurement process, especially in light of the complexity of different stakeholders, seeking and obtaining the required regulatory consents and engagements with different regulators.

Mining Law Experience:

• Orion Resources LLP in respect of its royalty finance and streaming with various major South African mining companies including investments in Blyvoor Gold Capital Proprietary Limited; Bushveld Vametco Holdings (Pty) Ltd; ilanesberg Platinum Mines (Pty) Ltd and Itereleng Bakgatla Minerals Resources (Pty) Limited.
• Anglo American on various smart mining projects and just energy transition projects. These projects are at the cutting edge of sustainability initiatives in mining. Through these projects Anglo aims to reduce its environmental footprint from new ways of mining, including using a number of precision mining technologies and data analytics. We worked closely with the project team to assess the projects to identify regulatory licenses and permits and considering pending or threatened disputes including details of pending or threatened regulatory changes that may affect the projects.
• Harmony Gold Mining Company Ltd on the mining and environmental regulatory aspect of its acquisition of AngloGold’s South African assets and related liabilities, which includes Mponeng, the world’s deepest mine and Moab Khotsong mine, the Great Noligwa mine and related infrastructure from AngloGold Ashanti Ltd. The deal won Energy and Natural Resources Deal of the Year, African Legal Awards 2018.
• Coal of Africa on the development of the Greenfields Vele Colliery and Wash Plant Project, this was the largest open cast coal project in South Africa, as well as a number of other operations. Successfully obtained various approvals and defended disputes, including local land development disputes, Water Tribunal appeals, mining rights appeals, and High Court interdict and reviews. We also provided legal advice on commercial framework for the development, construction and commercial operation of the Coals Wash Plant and Effluent Treatment Plant, including drafting relevant construction and commercial contracts, negotiation and conclusion of contracts with construction company and operator Successfully obtained various approvals and defended disputes, including local land development disputes, Water Tribunal appeals, mining rights appeals, and High Court interdict and reviews.

Environmental Project Advisory and Permitting Reviews:

• Lender Legal Advisors in respect of various Total Mulilo and Scatec Battery Energy Storage Projects and other renewable energy projects.
• Western Cape Provincial Government – Municipal Energy Resilience Project. We were appointed to develop a strategy and framework for municipalities to procure renewable power directly from IPPs.  The project concerns climate response in the Western Cape and South Africa’s response to carbon border tax in the EU. This important public law and sustainability mandate sees the firm at the cutting edge of constitutional matters in the energy and sustainability space in South Africa.  We have been able to leverage our preeminent position in the IPP government sector into proposing new and innovative approaches to public procurement, energy regulation, climate change response and the constitutional division of powers.
• Green hydrogen assisting major international company committed to producing zero-emission green hydrogen from 100% renewable sources on its exploration of green hydrogen projects in the Northern Cape, including advise on acquisition of various existing potential wind and solar (PV and CSP) green energy projects, advice environmental authorisations, biodiversity. the relevant authorisation processes and interactions with government. This matter also includes us advising on the regulatory environment in South Africa construction and build of a Green Hydrogen Based Green Ammonia Production Plant.
• South African Breweries Proprietary Limited (SAB) in relation to the Extended Producer Responsibility Regulations, 2020, published in terms of the National Environmental Management: Waste Act, 2008 which have recently come into force. We advised on the constitutionality of the scheme and sought and obtained amendments to the regulatory regime prior to their implementation and continue to advise on the legal challenges arising from rolling out a new regulatory scheme in a wide ranging existing business.
• Climate Investor Two (CI2) in relation to its investment in the Bio2Watt Group and, as a first step, the Bronkhorstspruit Biogas Plant (BBP) Expansion Project. Our advice included all environmental and regulatory aspects to the transaction including potential disputes.  The BBP Project is the first and largest operational biogas facility in Africa, with BMW South Africa being the offtaker.  CI2 has various similar projects which it is exploring.

Disputes, Litigation and Enforcement:

• De Beers Consolidated Mines Proprietary Limited (DBCM) in a review application in the High Court to obtain a closure certificate, its Oaks Mine after it ceased operation and duly rehabilitated the mine as it was required some years ago, the matter raises important issues under the one environmental system applied under the MPRDA and the environmental closure obligations of rights holders under the MPRDA including production and mining rights.
• Minerals Council of South Africa in a constitutional challenge brought by the South Africa Local Government Association to the manner in which electricity is reticulated, which matter has significant implications for sustainable mining operations and the transition to a carbon neutral economy.
• Strategic Fuel Fund Association and its wholly-owned subsidiary, Mahne’s Areas (Pty) Ltd in a matter involving a dispute over the ownership of an anthracite coal residue deposit (Coal Dump) which was being illegally mined. The continued illegal mining has significant impact on the environment and potential of reversing the completed rehabilitation. We advised SFF on its position regarding the possible resultant environmental liabilities and the ongoing environmental obligations in respect of the portion of the Coal Dump it owns. The favourable order obtained in this matter clearly demonstrated to client the Firm’s ability to navigate emerging contemporary legal issues in mining and environmental regulation in our market.
• Regularly appearing before regulatory authorities and tribunals for internal appeals and other regulatory challenges.