Middle Lusutfu Hydropower Pty Ltd
Middle Lusutfu Hydropower Pty Ltd
Cliffe Dekker Hofmeyr is representing Middle Lusutfu Hydropower ("MLH") in the development, financing, construction and operation of the Lower Maguduza Hydro Power Scheme.
In addition to drafting and negotiating the power purchase agreement to be concluded with the utility, Eswatini Electricity Company, we have also drafted and negotiated the lease, servitude and wayleave agreements to be concluded with Early Harvest Farming (Pty) Ltd (a private land owner) as well as the office of the King of Eswatini in respect of Crown Land and Swazi Nation Land. The scheme is a circa 13.5MW hydro-electric generation facility to be located in Swaziland and is valued at 700 million Emalangeni.
You might also be interested in

26 Jan 2023
by Nicholas Carroll and Louis Botha
The devil is in the detail: When new grounds of appeal can be raised, and when not
In a previous article with reference to the case of Nesongozwi v Commissioner for SARS (838/2021) ZASCA 138 we discussed the importance of a taxpayer sticking to their original grounds of objection on the road to the Tax Court (and beyond). In its recent decision of IT45710 , the Tax Court re-iterated the importance of this principle, but not without discussing the exception to it.
Tax & Exchange Control
6 min read

16 Feb 2023
by Esther Ooko and Louis Botha
Incorrect form, irrelevant substance: A discussion on the case of Applicant X v The Commissioner for SARS
Policies and procedures are often put in place for a variety of reasons, but an overarching reason includes the desire to streamline even the most chaotic of events. Procedure allows for predictability, flow and, more importantly, appeasement of the courts by one’s good form.
Tax & Exchange Control
4 min read

24 Mar 2023
by Brigitta Mangale and Elgene Roos
Opposite-sex life partnerships: Is there protection?
Our constitutional democracy demands that where our common law offends the spirit, purport and objects of the Bill of Rights, it must be developed to cure this offence. As a result, our courts have, over the years, had to grapple with several matters that required the adjustment of our law to properly recognise and protect the rights and lived realities of our society.
Pro Bono & Human Rights
6 min read

14 Jul 2023
by Sebastian Foster
Cognitive liberty and the constitutionality of criminalising psilocybin mushrooms in South Africa
Candidate Attorney Sebastian Foster, Senior HR Business Partner Boipelo Mathodlana, and Cullinan & Associates Attorney Paul-Michael Keichel joined CDH Conversations to unpack on the Theory of Cognitive Liberty.
Pro Bono & Human Rights
16:54 Minutes

14 Jul 2023
by Alex Kanyi and Joan Kamau
Analysis of the High Court ruling in Petition No. E181 of 2023 on the suspension of the Finance Act, 2023
On 26 June 2023, the President of Kenya assented to the Finance Bill, 2023 (Bill) and the resultant Finance Act, 2023 (Act), which was to come into operation or be deemed to have come into operation on 1 July 2023.
Tax & Exchange Control
6 min read

1 Mar 2023
by Stephan Spamer and Howmera Parak
Amendments in relation to purported loopholes in foreign capital participation exemption
Like many countries South Africa has a “ participation exemption ” which exempts returns in the form of both foreign dividends or foreign capital realised by South African residents, upon certain conditions being met. Under the foreign capital participation exemption, subject to certain exclusions, a person, other than a headquarter company is required to disregard any capital gain or capital loss determined in respect of the disposal of any equity share in a foreign company if certain requirements are met.
Tax & Exchange Control
3 min read