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Projects
Cliffe Dekker Hofmeyr's Finance, Projects and Banking team has
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
PPPs
Project Finance
Public Finance
Privatisation and Divestures
General Public
Sector Mandates
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
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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
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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
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Public Finance
- advising City of Johannesburg Metropolitan Municipality in
relation to the establishment of its ZAR6 billion Domestic Medium Term Note
programme and in relation to several of the Note issues under such
programme
- advising South Africa's Department of Public Enterprises in
relation to the ZAR60 billion loan facility to be made available to its
subsidiary, Eskom Holdings Ltd
- advising South African Airways (Pty) Ltd in relation to the
ZAR1.53 billion recapitalisation loan facility
- advising Transnet on its ZAR25 billion Umbrella Multicurrency
Export Credit Finance Facility, forming part of a ZAR78 billion capital
expenditure and expansion programme involving several ECA's and the negotiation
of the facilities pursuant to the Umbrella Facility including the USD250
million letter of credit facility
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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
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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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Key contact
| Joz Coetzer |
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Director
National Practice Head: Finance, Projects and Banking |
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