- Significant Matters
Education globally has been characterized by expansion and fundamental change in recent decades, including increasing student numbers, notable shifts from public-sector to private-sector education in developing countries, and ever-changing technological advancements. These developments have created opportunities for innovation and investment, but have also been accompanied by increasing operational complexity and competition, as well as proliferating regulation. Our lawyers are ideally placed to enable clients to explore these opportunities and navigate these challenges.
The education sector is highly regulated by sector-specific laws and policy measures. Educational institutions’ operations are also governed by a range of general laws, including anti-trust/ competition, employment, data protection and tax laws and, in some jurisdictions, local ownership/ indigenization laws, each of which have particular nuances in the context of educational institutions. Moreover, schools and universities are required to have in place various policies (e.g. admissions, disciplinary, human resource, social media) and need to set up structures equipped to implement these policies.
Commercial transactions in the education sector need to be conducted not only with due regard to corporate and tax complexities, but also in a way that ensures due regulatory compliance with sector-specific laws. Our transactional and advisory experience includes advising clients on matters at secondary and tertiary levels, across the private and public sectors. In addition, we have longstanding relationships with regulatory bodies which allows us to facilitate efficient completion of transactions in the African market. Our clients include education institutions, investors and technology and other service providers.
Our multi-disciplinary and cross-jurisdictional team is in a singular position to provide clients entering or operating in this field with a comprehensive spectrum of services covering transactional, regulatory, tax and employment law in the education sector.
- Advising on complex commercial transactions ensuring compliance with applicable corporate, tax, regulatory, local ownership / indigenisation and employment laws
- Providing specialist advice on local ownership/ indigenisation matters within the education sector
- Providing comprehensive regulatory and employment advice at secondary and tertiary levels of the education sector
- Assisting with dispute resolution within the education sector
- Liaising with regulatory authorities, where applicable
- ISASA’s various contentious and non-contentious matters
- Employment advice provided to multiple tertiary institutions
- BBBEE advice to Standard Bank in relation to the #FeesMustFall movement
- Establishment of Victoria University in Uganda by Edulink Holdings
- Educational projects by a number of Old Mutual Alternative Investments’ investment funds
- EDUCAS International acquisition of a majority stake in the Reddam Schools
- Laureate Education’s sale of private higher education group MSA
- Apollo Global Education Group acquisition of Milpark Education