SOUTH AFRICA LEAGUE TABLES / FIRM BRIEFINGS South Africa ENERGY AND INFRASTRUCTURE
Highly recommended Bowman Gilfillan Edward Nathan Sonnenbergs (ENS) Norton Rose (incorporated as Deneys Reitz) Webber Wentzel in alliance with Linklaters
Recommended Baker & McKenzie DLA Cliffe Dekker Hofmeyr Fasken Martineau (incorporated as Bell Dewar) Werksmans
Notable Glyn Marais Routledge Modise Tabacks White & Case
Baker & McKenzie
2012 Firm Overview Highlight clients
Standard Bank of South Africa, Thelo Group, ArcelorMittal South Africa
Most active disciplines
Litigation, company and commercial, M&A and joint-ventures, banking, debt capital markets, project finance, renewables finance, EPC
Key sectors Mining and metals, oil and gas, power, renewable energy, roads
Key partners
Scott Brodsky, Morné van der Merwe, Chris Moraitis, Wildu du Plessis, Gerhard Rudolph
Introduction
The most talked about topic of 2012 was the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP). All the top South African law firms have been in- volved, climbing a steep learning curve in renewables laws and reg- ulations to act as counsel to the South African government, the state power company Eskom and private project bidders from all over the world. The REIPPPP, which came off the back of a 2003 renewable
energy policy paper, set a target of 3,725MW of energy to be pro- duced by renewable sources by 2016, from bio-mass, solar, wind and hydro, but this was revised upwards in 2012 to 6,925MW by 2020. In 2012, two of three bidding rounds concluded, with 47 solar, wind and small-hydro projects selected as winning bidders for a total generation capacity of 2,458MW. The third round of bidding was scheduled to close in May 2013. Partners describe the programme as a “step change” and “major breakthrough” which will create a long pipeline of work. On the legal market side South Africa has seen a number of
changes, not least the arrival of Baker & McKenzie, which picked up the Dewey & LeBoeuf team, the formal alliance between Web- ber Wentzel and Linklaters and the dissolving of the Eversheds and Routledge Modise alliance. These developments come quick on the heel of the establishment of Norton Rose in the country in 2011 which, together the recent changes, have made South Africa the most dynamic legal markets in Africa at the moment.
In 2012 Baker & McKenzie became a serious player in the energy and infrastructure space in South Africa when, in May, it took over Dewey & LeBoeuf ’s Johannesburg office. The former Dewey team has a focus on energy, mining and infrastructure, project finance and banking, among other areas, and is led by Scott Brodsky, Wildu du Plessis, Chris Moraitis and Morné van der Merwe. In December 2012, the firm then added 23 lawyers from dispute
firm Rudolph Bernstein & Associates (RB&A), which included Ger- hard Rudolph. In the context of increasingly dispute oriented mining sector this added capacity is key to the firm’s energy and infrastructure practice. It is a new brand in South Africa but with a tested team. “Very
smooth, very professional, we were quite unreasonable as clients but they took it in their stride and we were very impressed by them,” says a client. “I would recommend Scott [Brodsky] any time, he is quick, efficient, has expertise,” says a renewables and PPA client.
Matters Through 2012 Gerhard Rudolph and Kate Daniels acted in a number of high-level arbitrations, civil review proceedings, claims related to construction projects and civil claims in South Africa. Morné van der Merwe led a team advising Thelo Group on a PPP
(public-private partnership) joint-venture between Thelo Rolling Stock Partnership and the Industrial Development Corporation of South Africa to develop rail networks in the country. Van der Merwe also led another deal for a client advising on a disposal, acquisition and off-take agreement in the mining sector. In a deal which was winning accolades, Chris Moraitis, Wildu du
Plessis, Astrid Berman, James O’Brien, Muhammad Sader and Shaun Browne were working with Oakleaf Investment Holdings and Firefly Investments 253 on the financing of two 75MW solar plants in South Africa, within the nationwide renewable energy programme. A team including Scott Brodsky also advised Standard Bank of South Africa on a $314 million financing of two solar plants.
28 ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013
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