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Projects

Cliffe Dekker Hofmeyr's Finance and Banking and Projects Infrastructure teams have extensive Projects experience and expertise. This experience and expertise includes construction and engineering; infrastructure development; project finance and Public Private Partnerships (PPPs).

Our team has advised with regards the structuring, negotiation and documentation of projects being developed or financed by banks; contractors; Development Finance Institutions; Export Credit Agencies (ECA); government departments and agencies and project sponsors.

We are able to advise in relation to all matters that could impact on projects, including concessioning and licensing; environmental law; exchange control and repatriation of foreign investment; insurance; investment structuring; regulatory compliance and tax.

As a result of its representation of government departments and agencies and its constant interaction with areas of law that regulate government, our team has been retained to advise in relation to public procurement, municipal and public finance, privatizations and divestures and related matters.

Our team's key mandates include or have included:

Infrastructure

  • advising the City of Johannesburg Metropolitan Municipality in relation to its 2010 FIFA Soccer World Cup commitments, including in relation to the upgrading of stadia, the establishment of the International Broadcast Centre and related infrastructure requirements
     
  • advising the Gauteng Provincial Government on the establishment of the Gauteng Fund, a ZAR7 billion infrastructure fund
     
  • advising the Government of the People's Republic of Mozambique in relation to the restructuring of the operations of the Cahora Bassa hydroelectric project and its shareholder interest in HCB, the Mozambican company that operates and owns the hydroelectric project
     
  • advising Rand Merchant Bank (a division of FirstRand Bank Ltd) regarding a USD50 million ECA (ECIC) backed credit line and framework agreement for an Angolan Commercial Bank to finance an undersea telecommunications cable project in Angola
     
  • advising Public Investment Corporation in respect of the establishment Pan-African Infrastructure Fund, which is a 15 year United States Dollar (USD) Fund launched to raise USD1 billion
     
  • advising Gauteng Partnership Fund in the establishment of a ZAR1 billion sustainable housing equity fund for affordable housing projects

PPPs

  • advising the South African Department of Defence in relation to its Marine Sea Safety Training Centre PPP
     
  • advising the Gauteng Provincial Government's Department of Agriculture, Conservation and Environment (GDACE) in relation to its granting of concession rights to design, build and operate an Interpretation Complex Centre at the Cradle of Humankind World Heritage Site
     
  • advising the Mauritian Road Development Agency in relation to its Port Louis Ring Road PPP
     
  • advising the South African Department of Justice and Constitutional Development in its Management of Monies in Trust (PPP)
     
  • advising the South African Department of Justice and Constitutional Development in its Justice Precinct PPP
     
  • advising the Development Bank of Southern Africa in relation to the development of a technical capacity and finance product to enable meaningful participation by Black Economic Empowerment enterprises in PPPs
     
  • advising the Western Cape Provincial Government in its Chapman's Peak Drive toll road PPP
     
  • advising a major public finance institution on its possible debt and equity funding of the ZAR23 billion Gautrain Rapid Rail PPP Project on a project financing basis
     
  • advising the lenders in respect of the South African Department of Trade and Industry Head Campus PPP

Project Finance

  • advising The Standard Bank of South Africa Ltd on the project finance facility for the establishment of a ZAR260 million platinum mine in the Mpumalanga Province, South Africa
     
  • advising City of Johannesburg Metropolitan Municipality in relation to the €40 million project financing of the rehabilitation and upgrade of its water reticulation network infrastructure
     
  • advising Standard Chartered Bank and The Hong Kong and Shanghai Banking Corporation Ltd, Johannesburg Branch (HSBC) on the finance facility for the establishment of a ferrochrome smelting plant, KwaZulu-Natal
     
  • advising Air Liquide regarding a USD20 million COFACE covered credit agreement to finance Sigma plants at the LionOre site in Francistown, Botswana

Privatisation and Divestures

  • currently advising the Government of Mauritius in relation to the introduction of Private Sector Participation in Cargo Handling Corporation, the country's principal cargo handler based at the Port Louis harbour
     
  • together with Investec Corporate Finance, advising the Mpumalanga Provincial Government in its purchase of the Kruger Mpumalanga International Airport
     
  • advising SAFCOL (Pty) Ltd in respect of the divestiture of the Komatiland Forestry Company (Pty) Ltd
     
  • advising SPOORNET (now Transnet Freight), a division on Transnet Ltd in relation to the divestiture of its branch lines

General Public Sector Mandates

  • advising the Housing Development Agency established under the Housing Development Agency Act, 2008 in respect of housing projects to be undertaken in terms of its mandate under that Act
     
  • advising the Rustenberg Water Services Trust, a municipality entity of the Rustenberg Local Municipality in respect of its mandate as the water services provider under the service delivery agreement with the municipality
     
  • advising Sandspruit Works Association, a municipality entity of the City of Tshwane Metropolitan Municipality in respect of its mandate as the water services provider under the service delivery agreement with the municipality
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