Samantha Saffy
Head of Commercial Property | Johannesburg
Contact
T: +27 11 669 9391
Overview
Samantha is a partner in our Banking and Finance Department and heads our Commercial Property Practice. She specialises in commercial property transactions, due diligence in the property and mining sectors, commercial property developments, property finance and securities.
Samantha has significant experience in all aspects of commercial property law, property development and property finance. Samantha has been actively involved in the establishment of numerous freehold and sectional title, commercial, industrial and residential developments throughout South Africa as well as registering security in the form of mortgage and notarial bonds for project finance and structured finance transactions.
She works closely with the Project Finance and Mergers and Acquisition practice in all transactions and advises on land tenure and security aspects including compliance on land issues arising from renewable energy projects under the various rounds of the South African Department of Energy’s renewable energy program – such projects include solar PV, hydro, landfill gas and wind projects. Over the years, she has been involved in a number of mining related transactions and mergers and acquisitions in the mining sector where she has regularly advised on all property aspects relating to those transactions including mining title and mortgage bond registration of over mining rights.
Experience
Samantha has advised:
- Harmony Gold Mining Company in relation to its announced acquisition of Anglogold Ashanti’s Moab Khotsong operations, and in particular the acquisition of over 1000 immovable properties for residential and mining purposes, in the North West of South Africa for approximately ZAR 4 billion (value USD300 million).
- Pick ń Pay Retailers on its disposal of the Plattekloof and Tableview shopping centres, and associated retail leases, to FPG Holdings (value ZAR500 million).
- A borrower in relation to property due diligence, land sale agreement, long term lease agreement, right of way servitudes and mortgage and notarial bond documents for the development of a limestone mine and construction of a cement plant in the Limpopo Province (value ZAR 1.025 billion).
- As part of the team of legal advisors to Capitalworks Private Equity regarding its share‑sale acquisition of The Building Company, which operates under the brand names BUCO, Timbercity and Tiletoria with over 160 retails sites across South Africa, from Pepkor Holdings, valued at ZAR1.2 billion).
- Eris Property Group, Old Mutual Insure and First National Bank in relation to the development of a multilevel parkade development in the Johannesburg CBD.
- Mpande Property Fund in relation to the funding and acquisition, and lease-back, of the Consol Logistics Park in Clayville from Consol Glass (value ZAR287 million).
- Capitec on its acquisition of the Liberty Life Building in Century City Cape Town from Spear REITT Limited (value ZAR400 million).
- Eris Property Group, Old Mutual Insure and First National Bank in relation to the development of a multilevel parkade development in the Johannesburg CBD (value ZAR150 million).
- African Rainbow Minerals Limited and Assmang Proprietary Limited in relation to the disposal of over 100 immovable properties, including employee houses and mining properties on which the Machadodorp mining operations are conducted.
- Eris Property Group and WBHO on all aspects of a development for student accommodation in Hatfield Pretoria, from the acquisition of the property, to the co-ownership agreements, development agreement and funding and the related security arrangements for the implementation of the transaction (value ZAR300 million).
- Norsk Solar on a suite of lease options, sale agreements and long-term lease agreements for the development, design, construction, operation, management and maintenance of a solar photovoltaic power generation facility and/or battery energy storage system to be located on the properties in the Lephalale Local Municipality Limpopo Province.
- Barloworld Limited on all aspects of the acquisition, sale, lease and development of Barlow Park development comprising of a new high-density residential precinct with ancillary uses including convenience retail educational, commercial and healthcare as part of the overall development, partnering with Atterbury (value ZAR3 billion).
Awards
- Recognised by Best Lawyers 2017 for Real Estate Law
‘Samantha Saffy stands out – she builds good relationships with clients and shows understanding of their needs.’ – Legal 500, 2024
AREA OF EXPERTISE
Qualifications
Education
- BCom and LLB degree, University of the Free State.
- Certificate in Prospecting and Mining Law, University of Witwatersrand.
- Admitted conveyancer and notary public.
Professional Memberships
- admitted conveyancer and notary public.
INSIGHTS
Overview
Samantha is a partner in our Banking and Finance Department and heads our Commercial Property Practice. She specialises in commercial property transactions, due diligence in the property and mining sectors, commercial property developments, property finance and securities.
Samantha has significant experience in all aspects of commercial property law, property development and property finance. Samantha has been actively involved in the establishment of numerous freehold and sectional title, commercial, industrial and residential developments throughout South Africa as well as registering security in the form of mortgage and notarial bonds for project finance and structured finance transactions.
She works closely with the Project Finance and Mergers and Acquisition practice in all transactions and advises on land tenure and security aspects including compliance on land issues arising from renewable energy projects under the various rounds of the South African Department of Energy’s renewable energy program – such projects include solar PV, hydro, landfill gas and wind projects. Over the years, she has been involved in a number of mining related transactions and mergers and acquisitions in the mining sector where she has regularly advised on all property aspects relating to those transactions including mining title and mortgage bond registration of over mining rights.
Experience
Samantha has advised:
- Harmony Gold Mining Company in relation to its announced acquisition of Anglogold Ashanti’s Moab Khotsong operations, and in particular the acquisition of over 1000 immovable properties for residential and mining purposes, in the North West of South Africa for approximately ZAR 4 billion (value USD300 million).
- Pick ń Pay Retailers on its disposal of the Plattekloof and Tableview shopping centres, and associated retail leases, to FPG Holdings (value ZAR500 million).
- A borrower in relation to property due diligence, land sale agreement, long term lease agreement, right of way servitudes and mortgage and notarial bond documents for the development of a limestone mine and construction of a cement plant in the Limpopo Province (value ZAR 1.025 billion).
- As part of the team of legal advisors to Capitalworks Private Equity regarding its share‑sale acquisition of The Building Company, which operates under the brand names BUCO, Timbercity and Tiletoria with over 160 retails sites across South Africa, from Pepkor Holdings, valued at ZAR1.2 billion).
- Eris Property Group, Old Mutual Insure and First National Bank in relation to the development of a multilevel parkade development in the Johannesburg CBD.
- Mpande Property Fund in relation to the funding and acquisition, and lease-back, of the Consol Logistics Park in Clayville from Consol Glass (value ZAR287 million).
- Capitec on its acquisition of the Liberty Life Building in Century City Cape Town from Spear REITT Limited (value ZAR400 million).
- Eris Property Group, Old Mutual Insure and First National Bank in relation to the development of a multilevel parkade development in the Johannesburg CBD (value ZAR150 million).
- African Rainbow Minerals Limited and Assmang Proprietary Limited in relation to the disposal of over 100 immovable properties, including employee houses and mining properties on which the Machadodorp mining operations are conducted.
- Eris Property Group and WBHO on all aspects of a development for student accommodation in Hatfield Pretoria, from the acquisition of the property, to the co-ownership agreements, development agreement and funding and the related security arrangements for the implementation of the transaction (value ZAR300 million).
- Norsk Solar on a suite of lease options, sale agreements and long-term lease agreements for the development, design, construction, operation, management and maintenance of a solar photovoltaic power generation facility and/or battery energy storage system to be located on the properties in the Lephalale Local Municipality Limpopo Province.
- Barloworld Limited on all aspects of the acquisition, sale, lease and development of Barlow Park development comprising of a new high-density residential precinct with ancillary uses including convenience retail educational, commercial and healthcare as part of the overall development, partnering with Atterbury (value ZAR3 billion).
Awards
- Recognised by Best Lawyers 2017 for Real Estate Law
‘Samantha Saffy stands out – she builds good relationships with clients and shows understanding of their needs.’ – Legal 500, 2024
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