Claire Barclay

T +27 (0)11 562 1154
F +27 (0)11 562 1654
claire.barclay@dlacdh.com
Johannesburg
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Summary Profile

Claire Barclay is a director of our Projects and Infrastructure practice. Claire has extensive experience in public sector procurement, including public-private partnerships (most notably in the defence, transport - road, rail and pipelines - and accommodation sectors), public financial management, project and infrastructure finance, municipal service delivery law, structuring and dissolution of public entities and administrative and constitutional law.

Career

After completing her articles with Hofmeyr (now Cliffe Dekker Hofmeyr) Claire left the firm but rejoined in 2005 after which she was appointed director in 2007. Claire obtained her LLM cum laude in comparative constitutional law from McGill University, Canada. In 2002, she also spent a year clerking at the Constitutional Court of South Africa.

Education

• BA, University of Stellenbosch
• LLB, University of Cape Town
• LLM (Comparative Constitutional law) cum laude, McGill University, Canada
• Year of admission: 2001

Experience

• PPP Projects
  • Advising Development Bank of South Africa in respect of the new build Dr George Mukhari Hospital PPP.
  • Advising Group 5 Concessions in respect of its bid on the Chris Hani Baragwanath PPP.
  • Advising Stefanutti Stocks Concessions in respect of its bid on the Statistics – South Africa head office accommodation PPP.
  • Advising National Treasury in respect of developing an Accommodation PPP Toolkit.
  • Advising Department of Rural Development and Land Reform in its new office accommodation PPP.
  • Advising Government of Mauritius through its Road Development Authority in respect of its Road Decongestion Programme for the procurement of a private sector party through a PPP to undertake the design, build, finance, operate and maintenance of four main motorways including an alignment for the envisaged BRT system.
  • Advising Lenders to the Umtya Nethunga consortium in respect of Department of Correctional Services Prisons PPP.
  • Advised Department of Defence on the procurement of the following PPPs:
    • a new South African Navy Headquarters and Naval Mess
    • a new SA Navy Military Health Services building
    • a Marine Sea Safety Training Centre for the South African Navy
    • a Defence Training Institute for all defence services.
  • Advised World Bank and National Treasury in respect of Sedibeng District Municipality Urban Regeneration Projects/PPPs.
  • Advised External legal adviser to the National Treasury PPP Unit in respect of the 112 Public Emergency Centres PPP.
  • Advised Department of Justice and Constitutional Development in its Management of Third Party Funds PPP.
  • Advised Airports Company of South Africa in relation to third party and enabling agreements relating to the Gautrain PPP.
  • Advised the Department of Public Works RKTP Project, all legal requirements relating to the conduct of an Options Analysis for a new office campus for the Department of Justice and Constitutional Development (current).
  • Advised National Department of Environmental Affairs and Tourism to procure a new polar supply ship using PPP models.
  • Advised the South African Revenue Services in respect of the procurement of a private party to build, operate and transfer customs scanners at South African ports of exit and entry.
  • Advised Department of Water Affairs and Forestry in its Working for Water PPP.
  • Advised Concessionaire to the Louis Trichardt maximum security prison PPP procured by the Department of Correctional Services.
  • Advised Rustenburg Water Services Trust, a municipal entity established under the Rustenburg Local Municipality in the North-West Province of South Africa in respect of the replacement and upgrade of water infrastructure including three new water plants, the financing of such infrastructure by a commercial lender, and the conclusion of off-take agreements with local mining companies.
• Procurement and Public Sector Assignments
  • Advising PRASA in respect of its Balance Sheet Restructuring Programme and the introduction of an SEP.
  • Gauteng Provincial treasury in respect of the disestablishment of the Gauteng Partnership Fund and the Gauteng Fund Project Office, and the establishment of the Gauteng Funding Agency, an entity to be established under the Gauteng Provincial Treasury for infrastructure development.
  • National Treasury in conjunction with the Free State Department of Health in a review of the contractual (PPP arrangements) of the Universitas Academic Hospital and Pelanomi Hospital Co-location PPP.
  • Gauteng Department of Roads and Transport in respect of the William Nicol Upgrade Project.
  • Housing Development Agency in respect of legal aspects pertaining to intergovernmental relationships aimed at establishing sustainable housing developments.
  • Namibian Ports Authority in respect of the financing of extensions to the Walvis Bay Cargo terminal and the procurement of a private sector ports operator.
  • West Rand District Municipality in the establishment of a new municipal entity to generate social and economic development in its jurisdiction.
  • Mpumalanga Provincial Government in its purchase of the Kruger Mpumalanga International Airport.
  • Transnet Limited on all public sector regulatory issues relating to the disposal of its interest in V&A Waterfront Holdings.
  • Spoornet (South African railways), a division of Transnet, regarding the divestiture of its non-core or branch lines.
  • Shisaka Consortium in respect of the Department of Environmental Affairs and Tourism Expanded Public Works Programme.
  • Gauteng Partnership Fund in the establishment of a sustainable housing equity fund for affordable housing projects.
  • Gauteng Partnership Fund on the establishment of the Inner City Property Fund.
  • Gauteng Provincial Treasury in relation to the establishment of an infrastructure fund for the province of Gauteng, including advice on commercial deal flow and regulatory aspects relating to the fund, drafting empowering legislation.
  • Gauteng Department of Education in its Gauteng Online Project to provide computer laboratories in all schools in Gauteng province.
  • Coega Development Corporation in respect of various commercial transactions including the negotiation and drafting of a suit of agreements relating to the investment in and management of the Coega Deepwater Port and Coega Industrial Development Zone.
  • Sandspruit Works Association, a municipality entity established under the City of Tshwane Metropolitan Municipality in Gauteng Province, South Africa in respect of all aspects relating to its mandate as the water services provider.
  • City of Tshwane in the disestablishment of a municipal entity tasked with providing bulk infrastructure for housing developments.
  • City of Tshwane Metropolitan Municipality in respect of the disestablishment of Civirelo, a municipal entity established under the City of Johannesburg Municipality.
  • Eastern Cape Gambling and Betting Board in respect of negotiating various casino licenses including the Wild Coast Sun.
  • Roads Agency Limpopo in respect of a review and update of its procurement policy and related procedures.

Market Recognition

• Who's Who Legal
  • The International Who's Who of Project Finance 2011: Claire is selected as being among the world's Leading Project Finance Lawyers.
  • The International Who's Who of Business Lawyers 2010: Claire is selected by research with clients and peers as being among the world's Leading Business Lawyers.
  • The International Who's Who of Public Procurement Lawyers 2009 - 2011: Claire is selected as being among 240 of the world's Leading Public Procurement Lawyers.
• IFLR1000 2010: Claire received high praise for Banking and Project Finance work.
• Legal 500 EMEA 2010 - 2011: Claire is recommended for infrastructure projects and PPPs.