Our work

• We represented Retailability, a leading South Africa-based fashion retailer.  Our South Africa-based private equity team advised Retailability and its subsidiaries on the disposal to Pepkor Trading and its subsidiaries of 462 retail stores in South Africa, Botswana, Namibia, Lesotho and eSwatini. We assisted Retailability with negotiating the sale agreement, advising on the labour law implications and regulatory compliance in the various jurisdictions, and the fulfilling of the conditions precedent, including obtaining approvals from the competition authorities across all relevant jurisdictions. The final purchase price adjustments are complex and have necessitated the implementation of an escrow arrangement, with our team acting as escrow agent. 
• Cliffe Dekker Hofmeyr is representing Old Mutual Life Assurance, a leading UK-based insurance company.  Our South Africa-based banking & finance team is advising Old Mutual on funding the development of a 13.5MW hydro generation plant in Eswatini known as the Middle Lusutfu Hydropower electricity project.   It will be the first limited recourse project finance infrastructure project in Eswatini. It will be the first utility-scale power generation project using private investment for public consumption, via EEC, in Eswatini. The project will provide an increase in local generation of circa 64 GWh per annum, which is a 20 per cent increase.  This will significantly improve electricity supply security in Eswatini.
• Cliffe Dekker Hofmeyr is representing Constellation Software, a Canada-based global provider of software and services to public and private sector markets, operating in more than 100 countries across the world.  Our South Africa-based competition team obtained for Trapeze Software, a subsidiary of Volaris Group, ultimately controlled by Constellation Software and listed on the Toronto Stock Exchange, South African and eSwatini merger approval for Trapeze Software ULC’s acquisition of Britehouse Automotive.  Britehouse Automotive, a South Africa-based software development company, was wholly owned by Dimension Data Investments South Africa and formed part of the Japanese-based, NTT Group of companies and is a well-established software business with a leading position in the automotive sector.  In South Africa, the transaction gave rise to a significant dilution in ownership by previously disadvantaged persons which necessitated negotiations on public interest commitments.  We secured merger approval in South Africa and eSwatini.

Africa Corporate Guide

This guide covers common questions relating to the process of incorporating and setting up in various African jurisdictions.

Many of our clients are looking to expand their African footprint.

Therefore it is incumbent on us to understand the nuances, intricacies and ultimately the legal requirements of setting up in each of the countries in Africa. The purpose of this guide is to simplify the position in relation to incorporation and setting up in various African jurisdictions and to provide our clients with an overview of their obligations in relation to this.

Click here to read the Guide.