Nayna  Cara

Nayna Cara

Director

Nayna Cara is a Director of our Real Estate practice. Nayna has extensive experience in advising clients on the land related aspects of renewable energy transactions. She has been involved in all rounds of the REIPPP process and has advised lenders, sponsors and contractors. She also focusses predominantly on commercial transfers, commercial bonds, drafting of commercial sale and lease agreements, notarial bonds and notarial lease agreements.

t +27 (0)11 562 1701 f +27 (0)11 562 1682

Nayna began her career as a Candidate Attorney at Webber Wentzel Attorneys where she was promoted to Associate in 2006, Senior Associate in 2008 and Partner in 2011. In 2014 she was appointed as Head of Real Estate Practice Group with TGR Incorporated. She joined Cliffe Dekker Hofmeyr as a Director in 2015.

2019

  • Advising Barloworld Limited and Nedbank Limited on the Barloworld-Khula Sizwe transaction which is a R3.5bn BBBEEE scheme, in particular the property element of the transaction which saw the disposal of R2.86bn worth of property and the registration of bonds over these properties in favour of Nedbank CIB.  

2018

  • Assisting and advising on all property related aspects in relation to the due diligence into Libstar Holding's group of companies, including attending to the subsequent transfer of properties into the company's PropCo. The listing was regarded as one of the largest in South Africa for 2018.
  • Assisting and advising on all property related aspects in relation to the due diligence into Medhold Group on behalf of Old Mutual including attending to the subsequent transfer of properties flowing therefrom.

2017

  • Assisting Total South Africa (Pty) Ltd with numerous head- lease, sub-lease and notarial deeds of servitudes in South Africa and Botswana, for the purposes of securing sites for its stations.
  • Advising SunEdison Energy Southern Africa (Pty) Ltd and African Clean Energy Developments (Pty) Ltd in respect of 6 solar projects (each 70MW) by attending to the review and drafting of all land related documentation: leases, servitudes and consents and liasing with lenders and various stakeholders in respect of these projects.
  • Advising Eskom SOC Ltd in respect of the proposed acquisition of land/office space and the possible design, build, finance, operation and maintenance of such office space in the Polokwane region.  
  • Assisting Pfizer Laboratories (Pty) Limited in conducting a closed tender process for the sale of immoveable property which included the set-up and management of a data room, drafting the necessary expressions of interest and sale agreement and attending to all property related advise in relation thereto.
  • Assisting with various due diligence investigations in respect of Mercantile Bank Holdings Limited and its subsidiaries; Waco International Holdings (Pty) Ltd and its subsidiaries; Sandoz (Pty) Ltd; Libstar Holdings (Pty) Ltd and its subsidiaries and the Medhold Group. 
  • Registering high value commercial property finance bonds for and on behalf of Nedbank Corporate Investment Banking division.
  • Assisting with the subdivision, transfer and subsequent consolidation of a portion of the Parkview Golf Course in respect of a private sale.
  • Attending to the subdivision, consolidation, and transfer of property in Fresnaye for private individuals.

2016

  • Attending to drafting and registration of Nedbank Corporate Investment Banking Bonds and related conveyancing aspects.
  • Attending to FirstRand Bank Limited and Rand Merchant Bank bonds and related conveyancing aspects.
  • Advising and attending to the transfer of property on behalf of Coca-Cola.
  • Assisting with and advising on the township related aspects of Grand Central Airport on behalf of Old Mutual Life Assurance Company (South Africa) Limited and preparing sale agreements, MOI's and related documentation.
  • Assisting with and advising on the internal property restructure on and behalf of Collins Property Projects (Pty) Ltd and attending to the 60 commercial property transfers flowing therefrom.
  • Advising on land and security aspects related a 5MW biogas project wherein CDH advised the project company (Busby).
  • Advising and attending to drafting of hotel lease agreement for South Point Management Services Pty Ltd.
  • Assisting the AdvTech Group on the acquisition of a school through one of its subsidiary companies.

2015

  • Advising African Clean Energy Development, as preferred bidder, in respect of a hydro-project based in Swaziland.
  • Assisting the Government Employees Pension Fund/ PIC with the acquisition of a 60% shareholding in certain immoveable property and leasehold rights by preparing the necessary acquisition agreements, co-ownership agreements, property development and management agreements and bond documents.
  • Advising a foreign individual in the disposal of immoveable property situated in Hoedspruit for the sum of R100 million as a sale of a letting enterprise and attending to the preparation of the necessary sale agreement and various servitudes.
  • Attending to various due diligences for and on behalf of clients: Anglo American Limited, Northam Platinum Limited, R J Southey (Pty) Ltd; BKB Limited and Brait Mauritius Limited.
  • Assisting Anglo American with the relocation of the Dingleton Township in the North West province.
  • Advising Biotherm Energy (Pty) Ltd in relation to the expedited Round 4.75 bid submission in respect of 6 projects (wind and solar).
  • Advising Biotherm Energy (Pty) Ltd in relation to the Round 4 preferred bidder projects: 120MW Golden Valley Wind Farm Project, the 45MW Aggeneys PV Project and the 86MW Konkoonsies II PV Project.
  • Advising Aecom in respect of its South African and African lease agreements.
  • Providing property advise to Passenger Rail Agency of South Africa in respect of its lease agreement with the Ekurhuleni Municipality for the purpose of acquiring land in respect of the Prasa-Gibela project which would see the construction of a train manufacturing plant, valued at approximately R51 billion.

2008 -2014

  • Attending to transfers on behalf of the Bakos Brothers Group.
  • Providing legal advice to Total South Africa in respect of long terms leases and servitudes.
  • Legal advisor to Afrithon Properties (Pty) Ltd in respect of its property transactions.
  • Advising Crowie Holdings (Pty) Ltd in respect of commercial leases and property related matters.
  • Advised African Clean Energy Development in respect of all of its Round 4 bids in respect of both wind and solar technology of which three which subsequently were awarded preferred bidder status, namely: 140 MW Karusa Wind Farm, 140MW Soetwater Wind Farm and 140 MW Nxuba Wind Farm.
  • Advising on a number of smaller projects in terms of the RFP for small IPP’s.
  • Advising the IDC in relation to the Round 3 preferred bidder Ilangalethu Project.
  • Advising the Standard Bank of South Africa and the Industrial Development Corporation of South Africa Limited in relation to the preferred bidder 27MW BioTherm Klipheuwel wind project.
  • Advising the Standard Bank of South Africa Limited in relation to the preferred bidder Solar Capital De Aar 75MW solar PV project.
  • Advising Guma Group Limited and Building Energy SPA, acting as the Operation and Maintenance consortium, in relation to the preferred bidder Kathu 75 solar PV project.
  • Advising Globeleq Advisors Limited on its investment into several preferred bidder wind projects and solar photovoltaic projects.
  • Advising Sumitomo Corporation on its investment into several wind projects and solar photovoltaic projects in relation to the renewable energy IPP procurement process currently underway in South Africa (one preferred bidder project).
  • Advising Dorper Wind Farm (Proprietary) Limited in respect of the financing, construction, operation and maintenance of the 97 MW Dorper Wind Farm project which was awarded preferred bidder status in round 1 of the Department of Energy's IPP Procurement Programme. This project was awarded "African Wind Deal of the Year" by Project Finance Magazine.
  • Advising a number of black economic empowerment investors in wind and solar photovoltaic IPP projects.
  • Advising Aveng (Africa) Limited and Acciona Energia Srl in relation to the preferred bidder 138MW Gouda wind project.
  • Advising the Aveng (Africa) Limited and Acciona Energia Srl in relation to the preferred bidder 74 MW Sishen solar PV project.
  • Advising the Standard Bank of South Africa Limited in relation to the preferred bidder Solar Capital De Aar 3 75MW solar PV project.
  • Advising other bidders, investors and lenders in respect of wind and solar photovoltaic IPP projects under preparation for future rounds.
  • Advising BSG Investments (Proprietary) Limited in respect of three solar photovoltaic projects.
  • Advising Terra Solar (Proprietary) Limited in respect of two solar photovoltaic projects.
  • Advising Aeolus Associated Development Company B.V. in respect of two solar photovoltaic projects.
  • Advising Networx Investments South Africa (Proprietary) Limited in respect of two solar photovoltaic and three wind IPP projects.
  • Advising iNca Energy (Proprietary) Limited in respect of four solar photovoltaic and three wind IPP projects in South Africa.
  • Advising Guma Group (Proprietary) Limited in respect of one wind and two solar photovoltaic projects.
  • Advising Foster Wheeler Italiana SrL on its investment a wind project.
  • Advising Clare Energy and Habitat (Proprietary) Limited on its development of two solar photovoltaic projects.
  • Advising Kabi Solar (Proprietary) Limited on its development of two solar photovoltaic projects.
  • Advising Solaire Direct Southern Africa (Proprietary) Limited in respect of the financing, construction, operation and maintenance of the 9 MW Vredendal solar photovoltaic project which was awarded preferred bidder status in round 2 of the Department of Energy's IPP Procurement Programme.
  • Advising Solaire Direct Southern Africa (Proprietary) Limited in respect of the financing, construction, operation and maintenance of the 9 MW Aurora solar photovoltaic project which was awarded preferred bidder status in round 2 of the Department of Energy's IPP Procurement Programme.
  • Advised sponsors, investors, contractors and lenders in various bids prepared for and/or submitted to the Department of Energy on 19 August 2013. 
  • Advising Walmart on property related aspects in its offer to acquire a majority stake in Massmart. The transaction is valued at US$2.4 billion.
  • Assisting clients with commercial transfer, including intra-group ransfers and registration of commercial bonds.
  • Negotiating the terms of the lease in respect of commercial premises occupied by Absa Capital.

Education

  • BA LLB, University of the Witwatersrand
  • Year of admission as attorney: 2006
  • Year of admission as notary: 2006
  • Year of admission as conveyancer: 2007
  • Enrolled with the Legal Practice Council
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