Experience

  • Advising a bidder on draft agreements in respect of the acquisition of a coal mine.
  • Advising various mining companies on the acquisition of prospecting rights/mining rights or shares in the company that holds such rights.
  • Advising on the acquisition of various gypsum mines as a sale of business.
  • Advising a well-known mining company listed on the JSE in an asset for share transaction.
  • Advising on share exchange transactions.
  • Advising, negotiating, drafting and vetting of transactional agreements for both local and international clients, which either involved the purchase of shares in a company or the incorporation of a SPV and the transfer of a mining/prospecting right into the SPV.
  • Advising on various acquisition of mining/prospecting rights in the coal and chrome sector.
  • Advising, negotiating and drafting of coal supply and offtake agreements as well as drafting opinions and providing advice when a coal supplier is in breach of its obligations.
  • Representing a client to defend an AFSA arbitration with a claim of US$5m relating to a cross-border merger and acquisition involving approvals from the South African Reserve Bank.
  • Representing a client in arbitration relating to a transaction that failed due to a change in Reserve Bank directive.
  • Assisting a mining company and its related companies to commence with business rescue proceedings, restructuring the business, implement a business rescue plan, and successfully terminate their respective business rescue proceedings.
  • Advising on implementation of business rescue proceedings and working together with the technical team and business rescue practitioner during business rescue proceedings.
  • Advising clients on the “One Environmental System” for prospecting and/or mining right applications.
  • Drafting legal opinions in respect of environmental laws.
  • Attending to environmental legal audits at mining operations.
  • Attending to environmental due diligence investigations.
  • Providing ad hoc environmental regulatory advice to clients.
  • Advising clients on NEMA judicial reviews and environmental and mining litigation in both the High Court and Supreme Court of Appeal.
  • Conducting environmental legal compliance audits and ISO 14001 compliance audits and reviews.
  • Advising on the establishment of a parfum franchise in South Africa.
  • Advising well-known franchisors of local and international brands in respect of disclosure documents, franchise agreements and general legal issues.
  • Advising on the acquisition of a known restaurant franchise in South Africa.
  • Advising on regulatory aspects relating to a debt restructure as local counsel to an international law firm.
  • Advising an international commodity company on a pre-payment facility repayable via manganese ore offtake from various mining operations.
  • Advising and drafting of agreements for the acquisition of exclusive prospecting licenses in Namibia.
  • Involved in negotiations of a complex transaction on behalf of a well-known international group that was selling one of its Nigerian subsidiaries. Part of the business was sold as a sale of business and the remainder, together with the shares of the company, was sold simultaneously to a third party.
  • Advising on management buy-out of a well-known insurance company (a subsidiary of a UK company), involving a mixture of SA and UK law.
  • Acting for clients in Zambia, Namibia, Zimbabwe, DRC, Nigeria, and the UK.
  • Successfully represented a client in an urgent application and obtained an order freezing bank accounts of persons who had defrauded our client.
  • Successfully represented a client in obtaining an Anton Pillar order.
  • Successfully represented clients with obtaining urgent interdicts against striking employees and/or communities.
  • Advising on and drafting of section 11 applications, which involved either the transfer of a controlling interest in a company or the transfer of a mining/prospecting right to a new legal entity.
  • Advising and drafting of section 102 applications.
  • Advising and successfully objecting to an appeal lodged against the decision of the DMRE to grant our client a prospecting right.
  • Advising clients and attending to PAIA applications.
  • Assisting various clients with obtaining dates for execution of rights and attending to the notarial execution of rights and registrations at MPTRO.
  • Liaising with DMRE on behalf of clients in respect of appeals, granting of rights, executions, response to section 93 notices, etc.
  • Advising on restructure to comply with black ownership requirements.
  • Advising and commenting on offtake agreements for coal, acting on behalf of seller or purchaser.
  • Liaising with communities and the creation of trusts to further Mining Charter requirements.
  • Advising and assisting clients with prospecting right and/or mining right applications and submission to the DMRE.
  • Assisting clients with resolving issues raised by the Minerals and Petroleum Titles Registration Office to have mining/prospecting rights registered.