Namibia is largely desert, ranch land with a long coastline on the South Atlantic, and borders South Africa, Botswana, and Angola. Though largely desert and ranch-land, Namibia’s natural mineral riches have made it an upper-middle-income country.
- CDH was the legal advisor on the Kudu Gas Field Development Project advising on the dilution of interest by the NOC as well as the Project Development Agreement, the subsea EPIC Agreement and FPS Agreement as well as the Gas Sales and Transportation Agreements. The project scope entailed a Floating Production System (FPS) with gas processing facilities. The facilities comprised of subsea in-field flowlines with piggy-backed DEH system, dynamics risers, XTs, subsea controls, umbilical's, isolation valve skid, as well as the onshore reception facilities, including an isolation valve and temporary pigging capability and cross-border export pipelines.
- Advised on the sale of a participating interest to major IOC and AIM listed IOC in respect of Walvis Basin offshore blocks, scope of work including drafting and negotiating terms of Farm-Out Agreement, Escrow Agreement, Deeds of Assignment to Petroleum Agreement and JOA, Deed of Amendment to JOA, obtaining Ministerial consents and approvals, filing merger notices and obtaining Competition Commission approvals and drafting Completion Agreement.
- External legal advisor to the exploration division of the NOC of Namibia in respect of various Multi-Client Agreements, Data Licensing Agreements, Participation Agreements and Joint Operating Agreements.
- Advised on procurement processes for drilling (turnkey) services, trees and controls, offshore survey and logistic services.
- Our team represented Metier Capital Growth Fund II (Metier), one of South Africa's largest private equity funds. Our corporate/M&A team advised this client in the acquisition, through Retailability, of Edcon’s Legit business which has 215 stores across South Africa, Lesotho, Swaziland, Namibia, Botswana and Zambia.
- Represented (Stadio Holdings Limited) Stadio, the South Africa-based, JSE-listed investment company focussing on post-school education. Our competition team has advised this client in numerous acquisitions in the higher education market over the review period. Each acquisition has required separate merger approvals in South Africa and in Namibia. Our work included advising on Stadio's acquisition of the South African School of Motion Picture Medium & Live Performance Proprietary (AFDA); the Southern Business School Proprietary Limited (SBS); and Milpark Education.
- CDH represented Southern African Power Pool (SAPP), the electrical energy co-operation in Southern Africa, under the auspices of the Southern African Development Community (SADC). The members of SAPP have created a common power grid between their countries and a common market for electricity in the SADC region. Our projects & energy team has been appointed, through a competitive bidding process, as lead legal advisor for the ANNA Transmission Interconnector project, which is expected to link the Namibian and Angolan electricity networks in the north western part of Namibia and the southern part of Angola. This mandate includes feasibility studies; the design of a procurement programme; as well as drafting the Engineer, Procure and Construction (EPC) contract.
- Our team represented SunEQ GmbH, the leading Germany-based energy & natural resources sector player. Our projects & energy team is advising this client in respect of the development, financing, construction, operation and maintenance of a 5MW captive solar PV facility located in Namibia.
- We advised the Keller Group (a major British based ground engineering company listed on the London Stock Exchange) in its R500 million acquisition of the geotechnical contracting business owned and operated by Esorfranki Construction in South Africa, Botswana, the DRC, Ghana, Lesotho, Mauritius, Mozambique, Namibia, Seychelles and Swaziland. Following the closing of the sale transaction, CDH advised on and implemented a BEE share scheme for the new operating company, Franki Geotechnical.
- We advised on the FedEx Corporation acquisition of the courier service business operated by Supaswift, a courier company associated with the JSE listed Bidvest Group, across seven Southern African countries including the establishment of purchasing entities in each country (South Africa, Namibia, Botswana, Zambia, Mozambique, Malawi and Swaziland).
- CDH advised a listed Swedish company in its tender for the South African and Namibian assets of Anglo Zinc, including a full due diligence of such Namibian assets.
- Our team advised a listed French company with regard to its acquisition of certain manganese operations in Namibia.
- Advised Heineken, Diageo plc. and Namibia Breweries on the establishment of their South African Joint Venture.
- Advised Retailability Proprietary Limited on the acquisition of the business conducted under the "Legit" brand out of approximately 216 physical retail stores. (South Africa, Lesotho, Swaziland, Namibia, Botswana and Zambia).
- Advised CCMP Asia on the acquisition of Waco, a company with interests in South Africa, Australia, New Zealand, Namibia and Zimbabwe, at that time being South Africa's largest ever private equity transaction (value R5,4 billion).
- Advised on the sale by Sun International of controlling interests in its assets in various African jurisdictions to Minor Hotel Group and of associated hotel management agreements (Zambia, Namibia, Swaziland, Lesotho and Botswana).
- Advised on the sale by Sun International of remaining interests in its assets in various African jurisdictions to Minor Hotel Group and of associated casino management agreements (Zambia, Namibia, Swaziland, Lesotho, Botswana).
- We acted for United Property Management (Pty) Ltd, a Namibian company, in a matter with Redefine Income Fund Limited, in terms of which (commercially) United Property Management (Pty) Ltd and Redefine Income Fund Limited entered into a property development joint venture (of a Namibian property).
- CDH assisted a leading global project developer in responding to a number of requests for proposals across various jurisdictions (Morocco, Ghana, Namibia, Mauritius, Egypt, South Africa and Zambia), including reviewing and advising on the proposed power purchase agreements, implementation agreements and connection agreements issued.
- We acted for Total regarding the application of several HR and employee policies in South Africa, Swaziland, Namibia, Botswana and Lesotho.
- We dvised MacMillan on 'localising' their HR policies and employment contracts in Botswana and Namibia.
- Assisted and advised Total South Africa (Pty) Ltd in its dealings with the Employment Equity Commission in Namibia