FIRM BRIEFINGS SOUTH AFRICA Bowman Gilfillan
2012 Firm Overview Cross-border matters
Angola, Botswana, DRC, Kenya, Mozambique, Namibia, Tanzania, Uganda
Highlight clients
Eskom, Development Bank of South Africa, Eurasian Natural Resources Corporation, South African government
Most active disciplines ADR, arbitration, litigation, project finance, renewables finance, EPC, environmental, land, public and administrative
Key sectors
Mining and metals, oil and gas, power, renewables, airports, industry and manufacturing, ports, water, sewage and utilities
Key partners Anton Barnes-Webb, Robert Legh, Claire Tucker, Daryn Webb
Bowman Gilfillan has one of the biggest chunks of the market in South Africa for energy work especially and clients are quick to praise it. “Re- sponsive,” says a one, “their written work is very good, the advice is very clear, they are very responsive and a pleasure to deal with”. As well as its transactional work, the firm is acting as advisors to the
government (along with Webber Wentzel-Linklaters, ENS and Led- waba Mawai Attorneys) in relation to the bid documents, design, draft- ing, PPAs, bid evaluation and other matters for the country’s renewables programme (REIPPP), putting it at the centre of the renewables drive until 2016.
Matters A team advised BioTherm Energy on the local law issues on a number of bids for solar and wind projects within South Africa’s renewables programme REIPP, while another team is acting as counsel to the gov- ernment (Ministry of Energy and Treasury) and the Development Bank of South Africa as they manage the country’s first ever international IPP bidding process for renewable energy. Claire Tucker and Daryn Webb have central roles on the latter. Teams including Tucker, Rob Legh and construction partner Rob
Morson were also assisting Eskom Holdings on several matters includ- ing the Medupi and Khusile coal power stations (totalling 12,000MW) and a long-term coal supply agreement with AngloAmerican Inyosi Coal for the Khusile power plant. Tucker and Charles Young were also mandated by the Eurasian Nat-
ural Resources Corporation to advise on mining and prospecting op- erations in the country. Craig Whitley and team recently won Euromoney African Wind Deal of the Year for their work advising the lenders on the Dorper Wind Farm project.
DLA Cliffe Dekker Hofmeyr
2012 Firm Overview Key partners
Biddy Faber, Kieran Whyte, Deon Wilken
DLA Cliffe Dekker Hofmeyr regularly acts on energy and infrastruc- ture projects and is comfortably one of the big six corporate firms in the country. The firm has lost some capacity over the past year with some departures to competitors, partly recompensed by the recent hire of banking and finance partner Biddy Faber (a former in-house for Absa Bank and FirstBank). Faber has experience in project finance and PPP (public-private part-
nership) and in the past worked on the financing for the Bujagali hy- droelectric power project. Another partner often recommended is
ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 29
Kieran Whyte, who heads the infrastructure and projects team and comes praised for his expertise in all walks of energy law, including the more specialised regulatory and permitting areas.
Edward Nathan Sonnenbergs (ENS)
2012 Firm Overview Cross-border matters
Botswana, Central African Republic, DRC, Ghana, Lesotho, Mozambique, Zambia, Zimbabwe
Highlight clients
ABSA Capital, Frontier Rare Earths, Standard Bank of South Africa, African Infrastructure Investment Managers
Key sectors Oil and gas, power, renewables, industry and manufacturing, rail
Key partners Eric le Grange, Lawrence Helman, Andrew Van Niekerk, Pippa Reyburn
ENS has a broad team with experience across the board in infrastruc- ture projects and energy. The firm is one of three advising the govern- ment in relation to the bid documents, design, drafting, PPAs, bid evaluation and other matters for the country’s renewables programme (REIPPPP). In the context of South African link-ups with international firms,
ENS has remained strongly independent. Clients regularly recommend a number of lawyers from the firm, among them is Eric le Grange. Clients praise him for his “understanding of all issues regulatory and commercial… for the bankability of a project his feedback is very valu- able”. “We like his experience in the IPP sector,” says another, “for ne- gotiating with developers and regulatory knowledge and ability to understand things quickly”. Pippa Reyburn and recently recruited Ian Hayes are also widely recommended. Clients pick out construction and projects lawyer Andrew van Niek-
erk for “commercial agreements, working on the EPC contract and water supply to IPP plant” and Loren Tibshraeny for his EPC expert- ise.
Matters Eric le Grange advised ABSA Capital on project financing of R2.5 bil- lion ($268 million) for a 140MW wind farm and two solar parks of 30MW. A large team led by Lawrence Helman was working with Fron- tier Rare Earths and Sedex Minerals to support on corporate commer- cial matters to develop mining capacity. Another corporate commercial matter saw Helman and Tracy van
Wyk assist African Infrastructure Investment Managers while Le Grange, Kerryn Esterhuizen and Loren Tibshraeny advised the Stan- dard Bank of South Africa on project finance for a 75MW wind farm and two solar parks with 35MW capacity.
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