Mashudu Mphafudi

Practice Head, Director

Mashudu Mphafudi is a Director and Head of our Finance, Banking & Projects Practice. He provides business legal services in most areas of finance (debt and equity), projects finance, corporate finance, private equity, debt restructure, development finance, syndicated and bilateral finance, commercial real estate finance, acquisition finance, leverage finance, and public finance law. Mashudu has advised major international banks, South African banks, development finance institutions, corporate clients, private equity clients, developers, and sponsors across many sectors such as energy, health care, transport, telecommunications, agriculture, water infrastructure projects, and a variety of transactions in banking and finance in South Africa and Cross-Border transactions.

Mashudu Mphafudi

About Mashudu

Mashudu joined Hofmeyr (now Cliffe Dekker Hofmeyr) as a Candidate Attorney in 2001. He was appointed as an Associate in 2003 and promoted to Senior Associate in 2006. Mashudu became a Director 2007.

Areas of expertise

Experience

  • Advised the NDB in relation to a R7 billion debt facility made available to the South African National Roads Agency (SANRAL) and the Government Guarantee issued by the National Treasury on behalf of SANRAL. The facility will support road projects in South Africa, in particular the key economic corridors along the N2/N3 in the KwaZulu-Natal and N1 major roads in South Africa.

  • Advised Standard Chartered Bank on its amended and restated revolving credit facility to a borrower incorporated in Botswana , with a deal value of R1.7 billion.

  • Advised Rand Merchant Bank in relation to the debt facility extended to a borrower incorporated in the Netherlands with a deal value of EUR5 321, 000.

  • Advised Standard Chartered Bank on its amended and restated revolving credit facility to a borrower incorporated in Botswana, with a deal value of R1.7 billion.

  • Advised China Development Bank in relation to the restructure of term loan facilities in the aggregate amount of US$4.389 billion granted to Eskom Holdings Limited, the sovereign guarantee as well as the relevant regulatory consents required to finance two power stations and the unbundling of Eskom into three divisions.

  • Advised the Public Investment Corporation in relation to the equity investment in Africa Finance Corporation to finance infrastructure and industrial projects across the African continent, with a deal value of R1.7 billion.

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  • Advised the Industrial Development Corporation of South Africa Limited in relation to debt facilities in the total aggregate amount of ZAR1.395 billion advanced to Reatile Renewables Group to fund its equity participation in 3 wind projects (i) 144 MW Khangela Emoyeni Wind Project (ii) 219 MW Umsinde Emoyeni Wind Project and (iii) 140 Ishwati Emoyeni Wind Project.

  • Advised DRA Group (an engineering consulting form based in Australia) on a multi-currency and working capital facilities for DRA Global (Australia) and DRA Group Holdings (South Africa) on a R1,2 billion rands. The facilities involved ZAR and AUD commitments for the SA and Australian borrowers with an ability to convert commitments from one currency to the other, secured by a comprehensive package of cross-guarantee by 20 obligors in Australia and South Africa.

  • Advised Becker Mining Systems and its three South Africa-based subsidiaries in relation to further amendments to its €70 million syndicated loan agreement and relevant security as well as advised on the relevant authorisations and exchange control approvals, with a deal value of R1.2 billion.

  • Advised TCTA on a multi-billion rand financing for water infrastructure projects, including debt facilities extended to TCTA by South African Commercial Banks and Development Finance Institutions in the amount of R22 billion to fund sub-phase 2A of Mokolo-Crocodile River (West) Water Augmentation Project.  

    Advised TCTA in relation to debt facilities in the total aggregate amount of over R1.85bn to fund Berg River-Voélvlei Augmentation Scheme (BRVAS Project).

  • Advised Doorenhoek Solar PV (RF) Proprietary Limited and its sponsor AMEA Power Limited in relation to a 120 MW Solar Photovoltaic Facility under the round six bid submission phase of the Renewable Energy IPP Procurement Programme. The total debt facilities provided by Standard Bank of South Africa Limited was 8 billion rands.

  • Advised Old Mutual Limited on debt facilities extended to a borrower to purchase additional residential properties for a deal value of R500 million.

  • Advised Grindrod Bank Limited in relation to a debt facility extended to FEC Prop Proprietary Limited in relation to an acquisition finance transaction.

  • Advised Adams Solar PV Project in relation to the debt facility raised from Nedbank Limited for a Solar PV wheeling Project.

  • Advised South African based lenders and, in relation to the drafting, negotiate and settled the mine funding package which comprises of debt component and equity component totaling a combined R4.2 billion in respect of the mining project to be undertaken in the Waterberg Region, Limpopo.

  • Advised a major healthcare company in relation to the debt restructuring and term loan facility provided by The Standard Bank of South Africa and Futuregrowth Asset Management Proprietary Limited in the aggregate amount of approximately R677 million.

  • Advised the Public Investment Corporation SOC Limited in relation to the capital restructure of Afrisam Proprietary Limited, which comprised of debt and equity restructure to the value of R8 billion rands.

  • Acted for Development Bank of Southern Africa Limited in respect of its restructured loan facility in relation to the David Livingstone Safari Lodge and Spa (Zambia).

  • Advised on transaction wherein the South African Bank of Athens acquired 99.81% of the issued share capital in the South African Bank of Athens by Grocapital Proprietary Limited ("Grocapital"), a subsidiary of Afgri Proprietary Limited. The acquisition comprised a combination of debt provided by Nedbank Limited and equity made available by the shareholders of Grocapital including the Public Investment Corporation and Fairfax (a Canadian private equity fund). The total transaction value was in the region of R1 billion.

  • Advised the Development Bank of Southern Africa in respect of a USD300 million loan from the New Development Bank ("Bricks Bank") to the DBSA for purposes of enabling the DBSA to increase the electricity generation from renewable energy sources and to reduce greenhouse gas emissions in South Africa as articulated in the National Development Plan 2030.

Recognition

  • The Legal 500 EMEA 2018, 2021, 2023-2025 recommended Mashudu in Banking and Finance.
  • IFLR1000 2024 - 2025 regarded Mashudu as a leading lawyer in Banking, Project Finance, and Capital markets: Debt.
  • IFLR1000 2018 recommended Mashudu as a "rising star" for Banking, Project finance and Capital markets: debt. In 2019, 2020 and 2022, he was listed as a highly regarded lawyer for Banking, Project finance and Capital markets: debt

Credentials

Education

  • Registered with the Legal Practice Council
  • BJuris, University of Johannesburg
  • LLB, University of Johannesburg
  • LLM, University of Johannesburg
  • HDip (Labour Law), University of Johannesburg
  • HDip (Company Law), University of the Witwatersrand,
  • Certificate (Competition Law), University of the Witwatersrand,
  • Certificate in Banking and Finance, University of the Witwatersrand,
  • Year of admission as an attorney: 2003

LANGUAGES

  • English

News

High Court judgment on loan agreement dispute when a lender is not registered as a credit provider
Banking, Finance & Projects

High Court judgment on loan agreement dispute when a lender is not registered as a credit provider

On or about 16 January 2023, Baletsema Proprietary Limited (the lender) and Phek Engineering & Suppliers CC (the borrower) concluded a written loan agreement, where the lender advanced...

Sustainability bonds and the debt market of the future: Are we ready?
Banking, Finance & Projects

Sustainability bonds and the debt market of the future: Are we ready?

Sustainability-linked bonds (SLB) and green debt instruments have emerged as essential instruments in mobilising capital for climate-resilient infrastructure and inclusive socio-economic...

Why banks are different, and why it matters
Banking, Finance & Projects

Why banks are different, and why it matters

Commercial banks (as defined in the Banks Act 94 of 1990) aren’t like other public companies registered in terms of the Companies Act 71 of 2008. A South African commercial bank might...

JMC Webinar Recording - Raising finance for mining activities
Banking, Finance & Projects

JMC Webinar Recording - Raising finance for mining activities

A panel of CDH experts hosted a webinar where they discussed financing options for companies in the mining industry.

Navigating the legal landscape for green investments  in Africa
Industrials, Manufacturing & Trade

Navigating the legal landscape for green investments in Africa

For potential investors eager to tap into Africa’s burgeoning green industrial sector, understanding and navigating the continent’s complex legal landscape is paramount. While the...

Rooftop solar: Energy bounce back loan guarantee scheme
Banking, Finance & Projects

Rooftop solar: Energy bounce back loan guarantee scheme

Professor Anton Eberhard estimates that as of June 2023, households and businesses have installed 4,412 MWs of rooftop solar. Not only is this double the capacity of Eskom under its...

The application of the in duplum rule to post-judgment interest: The SCA clarifies the legal position
Banking, Finance & Projects

The application of the in duplum rule to post-judgment interest: The SCA clarifies the legal position

The in duplum rule will not come to your rescue if you fail to make post-judgment interest after arrear interest ceases to accrue when the unpaid arrear interest equals the principal...

The importance of energy regulatory reforms
Corporate & Commercial Law

The importance of energy regulatory reforms

In this episode, Njeri Wagacha is joined by a panel of experts to discuss the importance of energy regulatory reforms, following the Africa Energy Forum in Nairobi, which took place...

Securing funding for the installation of rooftop solar for commercial enterprises
Banking, Finance & Projects

Securing funding for the installation of rooftop solar for commercial enterprises

It is estimated that stage 6 loadshedding is costing the economy as much as R900 million per day. Many businesses are looking to self-generate power through the installation of rooftop...

The Revised Equator Principles – encouraging a movement to environmental and socially sustainable financing of projects across the globe
Banking, Finance & Projects

The Revised Equator Principles – encouraging a movement to environmental and socially sustainable financing of projects across the globe

Although the impacts of climate change have not been devoid of attention or debate, climate change was yet to be presented as one of the top threats to the global economy. This is...

The impact of the National Credit Act on contracts of Suretyship
Banking, Finance & Projects

The impact of the National Credit Act on contracts of Suretyship

A notable feature of credit transactions is the inherent commercial risk to credit providers. Our law, however, makes provision for the alleviation of such risks through, among others,...

The right partnership can help investors flourish in Africa
Banking, Finance & Projects

The right partnership can help investors flourish in Africa

Africa remains an attractive investment destination for investors looking to unlock maximum returns on their outlay. However, doing business in Africa requires a thorough understanding...

High Court judgment on loan agreement dispute when a lender is not registered as a credit provider
Banking, Finance & Projects

High Court judgment on loan agreement dispute when a lender is not registered as a credit provider

On or about 16 January 2023, Baletsema Proprietary Limited (the lender) and Phek Engineering & Suppliers CC (the borrower) concluded a written loan agreement, where the lender advanced...

Sustainability bonds and the debt market of the future: Are we ready?
Banking, Finance & Projects

Sustainability bonds and the debt market of the future: Are we ready?

Sustainability-linked bonds (SLB) and green debt instruments have emerged as essential instruments in mobilising capital for climate-resilient infrastructure and inclusive socio-economic...

Why banks are different, and why it matters
Banking, Finance & Projects

Why banks are different, and why it matters

Commercial banks (as defined in the Banks Act 94 of 1990) aren’t like other public companies registered in terms of the Companies Act 71 of 2008. A South African commercial bank might...

Navigating the legal landscape for green investments  in Africa
Industrials, Manufacturing & Trade

Navigating the legal landscape for green investments in Africa

For potential investors eager to tap into Africa’s burgeoning green industrial sector, understanding and navigating the continent’s complex legal landscape is paramount. While the...

Rooftop solar: Energy bounce back loan guarantee scheme
Banking, Finance & Projects

Rooftop solar: Energy bounce back loan guarantee scheme

Professor Anton Eberhard estimates that as of June 2023, households and businesses have installed 4,412 MWs of rooftop solar. Not only is this double the capacity of Eskom under its...

The application of the in duplum rule to post-judgment interest: The SCA clarifies the legal position
Banking, Finance & Projects

The application of the in duplum rule to post-judgment interest: The SCA clarifies the legal position

The in duplum rule will not come to your rescue if you fail to make post-judgment interest after arrear interest ceases to accrue when the unpaid arrear interest equals the principal...

Securing funding for the installation of rooftop solar for commercial enterprises
Banking, Finance & Projects

Securing funding for the installation of rooftop solar for commercial enterprises

It is estimated that stage 6 loadshedding is costing the economy as much as R900 million per day. Many businesses are looking to self-generate power through the installation of rooftop...

The Revised Equator Principles – encouraging a movement to environmental and socially sustainable financing of projects across the globe
Banking, Finance & Projects

The Revised Equator Principles – encouraging a movement to environmental and socially sustainable financing of projects across the globe

Although the impacts of climate change have not been devoid of attention or debate, climate change was yet to be presented as one of the top threats to the global economy. This is...

The impact of the National Credit Act on contracts of Suretyship
Banking, Finance & Projects

The impact of the National Credit Act on contracts of Suretyship

A notable feature of credit transactions is the inherent commercial risk to credit providers. Our law, however, makes provision for the alleviation of such risks through, among others,...

The right partnership can help investors flourish in Africa
Banking, Finance & Projects

The right partnership can help investors flourish in Africa

Africa remains an attractive investment destination for investors looking to unlock maximum returns on their outlay. However, doing business in Africa requires a thorough understanding...

From vision to fruition.