Cliffe Dekker Hofmeyr

Emma Dempster

Director

Emma Dempster is a Director in the Projects and Energy sector and has experience, both for public and private sector. Her areas of specialty extend to energy (including technologies of coal, wind, solar CSP, solar PV, landfill, biomass, gas, thermal energy, hydro, natural gas, LNG, nuclear, carbon capture, and other renewables) and infrastructure, drafting/negotiating power purchase agreements, EPC and O&M contracts, feedstock/ fuel supply, project development agreements, off‑take agreements and transmission and distribution connection and related agreements, regulatory issues, IPP procurement, advising on greenfield and brownfield project-financed power projects, regulatory framework governing the electricity sector. She also advises owners, developers, contractors and professionals on all aspects of construction and engineering law. Emma has extensive experience in advising clients on construction contracts, including FIDIC, JBCC and project specific contracts, bespoke EPC contracts, split EPC contracts, operations and maintenance and EPCM contracts. This experience includes advising on, drafting, reviewing and negotiating these contracts. She has experience in multiple jurisdictions, including South Africa, Swaziland, Namibia, Botswana, Mozambique and Zimbabwe and Ethiopia.

emma.dempster@cdhlegal.com +27 (0)11 562 1194 +27 (0)11 562 1694

Emma began her career as a Candidate Attorney in 2008 at Cliffe Dekker (now Cliffe Dekker Hofmeyr) and was appointed as an Associate in 2010 and was promoted to Senior Associate in 2012. In 2015 Emma was appointed as a Director.

Legal advisor to Ethiopia Electric Power (EEP) in the design of the Metehara 100MW Solar PV procurement programme, including the entire suite of agreements (RFP, PPA, IA and Connection Agreement). This mandate also included assistance with the actual procurement process, which included addressing clarification questions received from bidders, and training EEPs employees with regard to the necessitated procurement process.
Legal advisor to Ethiopia Electric Power (EEP) in the design of the Chemoga Yeda I and II 280 MW Hydro procurement programme, including the entire suite of agreements (RFP, PPA, IA and Connection Agreement). This mandate also included assistance with the actual procurement process, which included addressing clarification questions received from bidders
Advising various developers, owners, contractors, professionals and suppliers on various projects, on bespoke contracts as well as standard form contracts, which include FIDIC contracts (red, yellow and silver books) and JBCC.
Advised Southern Energy in respect of a 660MW coal-fired power station in Zimbabwe on all aspects relating to the construction and operation and maintenance contracts and the power purchase agreement and implementation agreement.
Advised BUSA Holdings in respect of the development, financing, construction and operation of the Strand Private Hospital located in the Western Cape, including drafting the relevant construction and equipment (hospital equipment and radiology) agreements and the construction contract (based on FIDIC silver book).
Advised BUSA Holdings in respect of the development, financing, construction and operation of the Longlake Private Hospital located in Gauteng, including drafting the relevant equipment (hospital equipment and radiology) agreements.
Advising various developers in respect of the construction, installation and lease of solar PV panels on commercial and residential buildings. Mandates include drafting and negotiating the equipment lease agreements, PPA's, installation and operation/maintenance agreements.
Advising Evolution Africa in respect of claims under the EPC Contracts entered into in respect of two PV projects located in Namibia.
Advising SunEQ GmbH, a leading German-based energy & natural resources player in respect of the development of a 10MW captive photovoltaic power plant to be located in Namibia and the subsequent sale of energy to an industrial company, including drafting and negotiating the power purchase agreement. Mandate included drafting and negotiating the PPA and the EPC Contract.
Advising Old Mutual Alternative Investments (Pty) Ltd in the acquisition and subsequent development of the following solar photovoltaic projects acquired from SunEdison, namely Project Bokamoso, Dewildt, Droogfontein and Greefspan developed pursuant to successful appointment in the Fourth Bid Submission Phase of the Department of Energy's REIPP Procurement Programme. Mandate included drafting and negotiating the EPC and O&M contracts and continued contract management in relation to claims submitted by the contractor.
Advising Busby Power in respect of the development, financing, construction and operation of a 5MW Biomass Project pursuant to the Small IPP Procurement Programme. Mandate includes drafting and negotiating the fuel supply agreement, EPC and O&M EPC and O&M contracts.
Advising BioTherm Energy in respect of the development of two wind farms and two solar farms pursuant to the Fourth Bid Submission Phase of the Department of Energy's renewable energy IPP Procurement Programme. Mandate included drafting and negotiating the EPC and O&M EPC and O&M contracts.
Advised Botswana Development Corporation in respect of the proposed refinancing of coal gasification power plants located in Ghana.
Advisor to the Kenya Urban Road Authority on the 2nd Nyali Bridge PPP Project, entailing the design, finance, construction, operation, maintenance and transfer of a bridge and road project in Mombasa, Kenya.
Legal advisor to the South African Power Pool (SAPP) 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.
Legal advisor to the Southern African Power Pool in its feasibility study regarding the interconnection of the Southern and the Eastern African Power Pools. This instruction comprises an analysis of the legal and regulatory frameworks that can enable bilateral and competitive trading between the power pools.
Advising Middle Lusutfu Hydropower (Proprietary) Limited on development, financing, construction and operation of the Lower Maguduza Hydro Power Scheme, a circa 13.5MW hydro-electric generation facility to be located in Swaziland, with the Swaziland Electricity Company as the buyer. Mandate includes drafting and negotiating the offtake and construction agreements.
Advising TriGen on the installation, operation and maintenance of a waste to value power plants installed at a chicken processing plants in Worcester and Rustenburg. Mandate includes drafting and negotiating the energy conversion agreement and gas supply agreement.
Assisting BioTherm Energy in responding to a number of requests for proposals across various jurisdictions (Morocco, Ghana, Namibia, Mauritius, Egypt, South Africa, Zambia), including reviewing and advising on the proposed power purchase agreements, implementation agreements and connection agreements issued.
Advised a consortium of lenders on the debt financing of the development, construction, operation and maintenance of the Ilangalethu 100MW CSP plant pursuant to the Third Bid Submission Phase of the Department of Energy's renewable energy IPP Procurement Programme. Mandate included negotiating and drafting amendments to the EPC and O&M contracts.
Advised SENER and Acciona in their capacity as joint contractor in respect of the construction of the Kathu CSP Plant pursuant to the March 2014 CSP Bid Submission Phase of the Department of Energy's renewable energy IPP Procurement Programme.
Advised Group Five and Sishen Iron Ore on the development of the Kathu CSP Project pursuant to the Department of Energy's renewable energy IPP Procurement Programme prior to the sale of the project to GDF Suez.
Assisted DLA Piper with advising Abener on the construction of the Khi and Kaxu CSP Plants developed pursuant the Department of Energy's renewable energy IPP Procurement Programme.
Advised Nedbank on the debt financing of development, construction and operation of a proposed Soybean crushing plant and transesterification plant to be located in the Industrial Development Zone, in Coega, Eastern Cape.
Advising on power purchase agreements in the Southern Africa electricity sector taking into account applicable regional treaties and regulatory regimes.
Acting for sponsors in respect of the development, financing, construction and operation of various waste to energy power plants.
Advised Italgest on the development of a solar (PV) power facility in Gauteng, South Africa pursuant to the Department of Energy's renewable energy IPP Procurement Programme.
Acting for PPC in respect of the negotiation and conclusion of a power purchase agreement with a wind facility.
Advised IDC/Arengo on the equipment supply, construction and operation of a bio-ethanol plant and co-generation power plant.
Advised Xstrata Alloys (a division of Xstrata South Africa (Pty) Ltd) in relation to the development, financing, commissioning, construction and operation of a 600MW captive coal fired power plant. Mandate included drafting and negotiating the PPA, water supply agreement and EPC and O&M contracts.
Advised Xstrata South Africa (Pty) Ltd on the cross-border purchase of power with an IPP in Mozambique.
Advised BioTherm in respect of the development of various wind farms and solar farms pursuant to the Department of Energy's renewable energy IPP Procurement Programme. Mandate included drafting and negotiating the EPC and O&M contracts.
Advised on the development, financing, construction, commissioning, operation and maintenance of a 150MW CSP plant in the Kalahari pursuant to the Department of Energy's renewable energy IPP Procurement Programme.
Advised SAPPI on the conclusion of a Power Purchase Agreement in respect of the Tugela Mill Power Plant.
Advised Nedbank and Standard Bank on the debt financing of the development, construction, operation and maintenance a wind farm in Kouga, Northern Cape pursuant to the Department of Energy's renewable energy IPP Procurement Programme.
Advised Investec on the debt financing of the development, construction and operation of a gas fired power plant in Mozambique.
Advised Investec on the debt financing of the development, construction and operation of a transmission line through the Democratic Republic of Congo and Angola.
Advised Mulilo on the debt financing of the development, construction, operation and maintenance of the Kakamas hydro power plant pursuant to the Department of Energy's renewable energy IPP Procurement Programme. Mandate included drafting and negotiating the EPC and O&M
Advised on the debt financing of the development, construction, operation and maintenance of a concentrated PV power plant located in Touwsrivier pursuant to the Department of Energy's renewable energy IPP Procurement Programme.
Advised the drafting of a thermal energy conversion agreement and advising Anglo as the off taker on all matters relating thereto.
Acting for an IPP in respect of the sale of power generated from a privately owned small hydroelectric power plant to various third parties including drafting the relevant electricity supply agreements to be concluded.
Advised Keren Energy in respect of the various projects submitted pursuant to the Small IPP Procurement Programme.
Advised MTN in respect of the development, construction and operation of three renewable energy plants, including the application for generation licences and the negotiation and conclusion of Power Purchase Agreement and Connection and Use of System Agreements in respect thereof.
Advised Eskom in respect of the Independent Power Producer Procurement Coal Baseload Programme.
Advised Eskom in respect of the Independent Power Producer Procurement Cogeneration Programme.
Advised Eskom on the full ambit of the legal implications of conducting business under its Private Sector Participation Projects.
Advised Eskom in respect of its possible participation in the development, construction and operation of a transmission backbone in Mozambique.
Advised a developer in respect of the purchase of equity in a wind farm located in Mauritius.

Chambers Global 2019 ranked Emma as up and coming in Projects & Energy.
The IFLR1000 2016 - 2018 ranked Emma as a "Rising Star". In 2019, Emma was recommended as a highly regarded leading lawyer in Projects development and project finance.
Legal 500 EMEA 2018 - 2019 recommended Emma in both Construction and Projects & Infrastructure.