Jackwell began his career in 2006 as a Candidate Attorney at Hofmeyr Herbstein and Gihwala (now Cliffe Dekker Hofmeyr). In 2008 he was appointed as an Associate and promoted to Senior Associate in 2010. During 2012 Jackwell joined Webber Wentzel's Mining, Energy and Natural Resources Practice. He
re-joined Cliffe Dekker Hofmeyr in 2013 as Director.

In November 2015 Jackwell was appointed as a Director and Executive Member of the Underground Coal Gasification Association of South Africa. He is also a member of the Fossil Fuel Foundation and South African Oil & Gas Alliance and has presented at a number of seminars and workshops relating to various subjects within the mining, energy and natural resources sectors.

Mining, Energy and Natural Resources

  • Member of multidisciplinary team (with economists etc.) preparing and advising on a Market Study for Coal in South Africa;
  • Advised multinational relating to the impact and concerns relating to the termination of bilateral investment treaties by the South African government, including the proposed Protection of Investment Bill. In addition, prepared various submissions to the Department of Trade & Industry, including the South Africa Parliament relating to concerns Protection of Investment Bill and proposed amendments thereto.
  • Member of team advising Eskom SOC Limited on the conversion of its cost-plus long terms coal supply agreements to fixed price or shared risk coal supply agreements.
  • Member of team advising Eskom SOC Limited on various risk aspects of the Optimum Coal Mine (business rescue) for Eskom security of supply.
  • Member of team advising Oxeye Energy Holdings Limited on a proposed underground coal gasification project and related infrastructure for power generation.
  • Member of team who advised on the effect and implementation of the proposed beneficiation provisions in respect of certain designated minerals in terms of the MPRDA.
  • Member of team who advised on various concerns relating to coal quantity and quality requirements for Eskom's power stations.
  • Advising and assisting a multinational with objections and appeals relating to competing rights applications to its explorations rights for Coal-Bed Methane in the Waterberg.
  • Team member who represented and successfully defended De Beers in a dispute relating to its obligations in terms of its Social and Labour Plan in terms of the MPRDA.
  • Advising Senwes Limited in respect of the regulatory requirements for wholesale and retail licences for petroleum products in South Africa.
  • Member of team advising and assisting with various regulatory matters relating to the mining rights of Afarak South Africa.
  • Advising clients on various international law implications flowing from policy and regulatory changes in South Africa, specifically the MPRDA and the Protection of Investment Act, 2015.
  • Member of team involved in due diligence Investigations into risks with various coal supply agreements for Eskom, including advise on the quantification of the potential damages.
  • Team member involved in advising on the disposal of various assets, including mining and prospecting rights by Group Five in respect its various quarries in Gauteng.
  • Team member who advised on the acquisition of a 50% participation interest in an exploration right by a non-resident South African company, advised on South African requirements for the conclusion of a farm-out agreement and joint production agreements, BEE requirements in terms of the Liquid Fuels Charter and section 11 consent application for the transfer of the 50% participation interest.

Arbitrations

  • Member of team involved in a major hardship arbitration between leading players in the mining and energy sector.
  • Member of team involved in arbitration for multinational relating the failure to be able to supply and delivery of base minerals during the recession of 2008/2009.
  • Member of team involved in arbitration between leading players in mining and energy sector relating to the interpretation of coal supply agreement on whether consent was required for the restructuring of the supplier.
  • Member of team who represented a multinational company in the Ferroalloys commodities industry listed on the London Stock Exchange with multi-million Rand arbitrations with South African companies in the Ferroalloys commodities market.
  • Member of team involved in multi-billion-rand arbitration between major players in the primary energy sector of South Africa on coal supply agreements.
  • One of the team members involved in a multi-million Rand arbitration who represented Transnet Freight Rail in a dispute over the development and installation of a Data Integrity Improvement System for its railway service.
  • Member of team involved in arbitration between major players in the South Africa food sector.

Africa (General)

International Investment Law/International Arbitration

  • Advise various investors investment in countries forming part of the Southern African Development Community ("SADC") region whether certain policies and other government measures potentially affects their respect investments in those jurisdictions.
  • Prepare country risk assessment for a major oil company relating to its operations in Botswana, Namibia, Lesotho and Swaziland.
  • Prepare country risk assessment for a major multi-national in respect of the international and domestic investment framework of Mozambique, Tanzania, the Democratic Republic of the Congo, Lesotho, Nigeria and Egypt
  • Advise on potential bilateral investment claims by investor against the Lesotho and South Africa

Ghana

  • Advice on various risk aspects for Rand Water in terms of commercial agreements between Aqua Vitens Rand Water Limited and Vitens Rand Water Services BV relating to a water project in Ghana.

Namibia

  • Member of team who has represented a Namibian company during 2007 to 2010 with various disputes, inter alia, review applications against the Ministry of Mines and Energy for the refusal of exclusive prospecting licences applications and mining licences applications in terms of the Minerals (Prospecting and Mining) Act, 1992 and the encroachment of mining area applications.
  • Member of team representing Namibian company during 2011 to 2012 with dispute relating to the purported cancellation of its land use and access agreement by the owner of the property over which holds mining licences issued in terms of the Minerals (Prospecting and Mining) Act, 1992.
  • Drafting and assisting with representation to the Minerals Ancillary Rights Commission of Namibia during on the reason the land owner refuses access to its property to the holder of mining licence issued in terms of Minerals (Prospecting and Mining) Act, 1992.

Nigeria

  • Investigation and report relating to a project which required Bigen Africa to render consultancy services for the management and implementation of a ring-road around Port Harcourt in River State, Nigeria.

Zimbabwe

  • Member of team advising a major multinational on the implications and consequences relating to export duties imposed for unbeneficiated platimum ore by the Republic of Zimbabwe in terms of domestic laws supported by its national beneficiation policies.

Investigations: Procurement (General)

  • Member of team involved in various major compliance investigations for public entities such as the South African Broadcasting Corporation and South African Post Office Limited relating to public procurement and public finance in terms of the Public Finance Management Act, 1 of 1999 ("the PFMA"), and the Regulations thereto.
  • Member of team in the forensic investigation on the procurement and public finance requirements by the South African Department of Public Works into the irregular award of a multi-billion Rand tender for the lease of office accommodation for the head office of the South African Police Services.
  • Advised various financial institutions on compliance and risk aspects of tender awards and mitigating steps to take.
  • Drafted various opinions relating PFMA, and the Regulations thereto, The Preferential Procurement Policy Framework Act, and the Government Immovable Property Management Act.
  • Member of team assisted Transnet Freight Rail to comply with its obligations in terms of the Railway Safety Regulatory Act, which inter alia, entailed the drafting and negotiation of private siding agreements with mining and other companies and the management of the project.
  • Member of team representing a major Japanese telecommunication company in a review application against South Africa's leading fix-line telecommunications company on its multi-billion Rand tender award.
  • Member of team representing a major Indian Pharmaceutical company in a review application against the South African National Treasury on its multi-billion Rand ARV tender award.
  • Member of team representing a major security company in a review application against the City of Tshwane on its multi-million Rand tender award.

Education

  • LLB, North West University, Potchefstroom: 2005
  • Admitted as attorney and notary public: 2008
  • LLM in Corporate Law, University of the Witwatersrand: 2012
  • Certificate in Economics for Law, University of the Witwatersrand: 2015
  • Certificate in International Commercial Arbitration, Washington College of Law: 2017
  • Attended and completed the International Investment Treaties and Investor State Arbitration Seminar, International Law Institute: 2017

Memberships

  • Law Society of the Northern Provinces
  • Director and Executive Member of the Underground Coal Gasification Association of South Africa
  • Member of the Fossil Fuel Foundation and South African Oil & Gas Alliance
Dispute Resolution between Foreign Investor and Host Government
14 February 2019 Dispute Resolution

Dispute Resolution between Foreign Investor and Host Government

Investment treaties generally contain a dispute resolution provision for the resolution of disputes between an investor and a host government in relation to certain alleged violations of an applicable treaty. These investment treaties also provide for the steps/mechanism to trigger a potential investor-state arbitration against a host government.

Mitigating Political Risk for Foreign Investment
7 February 2019 Dispute Resolution

Mitigating Political Risk for Foreign Investment

Political Risk broadly refers to a political event within a country that may materially affects the projected profitability or legal framework of an investment or a particular project. The most common political risk factor is usually the risk of expropriation or nationalisation.

Substantive Right: National Treatment & Most-Favoured-Nation Principle
31 January 2019 Dispute Resolution

Substantive Right: National Treatment & Most-Favoured-Nation Principle

National Treatment and Most-Favoured-Nation ("MFN") Principles are contingent standards. National Treatment and MFN are each concerned to ensure that treatment afforded to a foreign investor of another contracting state with the host state is not less favourable that that which are afforded to a national of the host state or that of a third state.

Substantive Rights: Full Protection and Security
24 January 2019 Dispute Resolution

Substantive Rights: Full Protection and Security

The non-contingent standard of 'Full Protection and Security' is commonly found in investment treaties. It is fundamentally concerned with the failure by the host state to protect an investor's property from actual damage caused by either state officials or the actions of others where the state has failed to exercise due diligence (i.e. police power).

What do we mean by a
31 October 2018 Dispute Resolution

What do we mean by a "qualifying investment" in a host state?

Once a party demonstrates that it is a qualifying investor (as discussed in an earlier instalment), under an investment treaty or the foreign investment laws of a host state, the assessment turns to whether the party has a so-called "qualifying investment" in the host state. In this instalment, Jackwell Feris highlights that without an investment being deemed as a "qualifying investment" in a host state, a qualifying investor will not derive any protection for such investment under an investment treaty or under certain instances the foreign investment laws of the host state.

What do we mean by
24 October 2018 Dispute Resolution

What do we mean by "qualifying investor" for investment protection?

In this instalment, Director Jackwell Feris discusses the concept of "qualifying investor" for purpose of deriving protection for an investment made by a national of one contracting state in the territory of another contracting state to an investment treaty or under certain instances the foreign investment laws of a host state.

Investment Protection in Africa
17 October 2018 Dispute Resolution

Investment Protection in Africa

Over the next few weeks, CDH will release a number of inserts on international investment protection from a South African and African perspective. The catalyst for these inserts stems from various seminars and workshops led by CDH Director, Jackwell Feris) over the past few years, focusingon the international framework for protection for investments in Africa.

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