Our Projects & Infrastructure practice

provides clients with commercially astute risk assessments of their projects and proposes effective solutions that maximise project value and mitigate risk exposure.

Groundbreaking Matters

"I really value their response time, the feedback you get and the detailed and accurate work. They're really on top of their game. If I were to do another project today, I'd go straight to CDH."

Chambers Global 2018

"Extensive experience in cross-border oil and gas transactions," adding: "The law firm has ample experience in the South African market in the infrastructure space, as well as in other African jurisdictions."

Chambers Global 2018

Our expertise has grown in tandem with the need for infrastructure improvements in Africa and the heightened global focus on the continent as an investment destination. Our services include:

  • Project financing.
  • Procurement.
  • Public-private partnerships.
  • Drafting and negotiating contractual documents.
  • Construction and engineering.
  • Oil and gas.
  • Energy.
  • Advised Standard Bank, Nedbank, ABSA, Investec, IDC and DBSA on the financing of the 100MW Ilangalethu 1 CSP project under the South African Renewable Energy Independent Power Producer Procurement Programme ("REIPPP").

  • Advising developers on all legal aspects across the full project chain relating to the financing, construction, commissioning and operation of CSP, PV, Wind, Hydro and Biomass power plants under REIPPP.

  • Advising one of the designated offtakers on the structuring, construction, operation and maintenance of the Mphanda Nkuwa 1 500MW Hydropower Plant, located on the Zambezi River in Mozambique.

  • Appointed to represent the developer Southern Energy on the structuring, financing, construction, fuelling ,operation and energy offtake arrangements in respect of a proposed fossil fired plant in Zimbabwe.

  • Appointed by Eskom to advise it on the STE and CESUL project in Mozambique.

  • Appointed by Eskom to advise in respect of the Inga 3 project (DRC).

  • Appointed by the developer of the cross border Orange River Hydro Electric Plant on the Orange River and the conclusion of a power purchase agreement with Nampower.

  • Appointed to act for Eskom on the proposed coal base load and co-generation programmes to be undertaken by the DOE.

  • Acting for BioTherm in respect of its power purchase agreement to be concluded in Senegal.

  • Acting for Kenya Light & Power in respect of its proposed geo-thermal projects.

  • Appointed to act for the lenders in respect of proposed cross-border South Africa and Swaziland coal base load to be submitted to DOE under the proposed base load programme

  • Advising Eskom Holdings SOC Limited as they are seeking to standardise its processes and agreements for the supply of electricity and the connection of customers to the grid. Eskom licensed to undertake distribution and transmission services and to buy and sell electricity.

  • Advising the Mauritius Road Development Authority in respect of the design, build, finance operation and maintenance of various roadways and a tunnel through a PPP model as part of the Mauritius Road Decongestion Programme.

  • Advising the National Department of Transport regarding a feasibility study into various transport solutions for the Moloto Transport Corridor. The preferred solution is a rail and bus solution, part of which will be implemented through a PPP procurement model.

  • Advising the Development Bank of Southern Africa, the South African National Treasury, the National Department of Health and the Gauteng Provincial Department of Health in respect of the design, build, finance, operation and maintenance of a new Dr George Mukhari Academic Hospital through a PPP model.

  • Advising the Development Bank of Southern Africa, the South African National Treasury, the National Department of Health and the Eastern Cape Provincial Department of Health in respect of the design, build, finance, operation and maintenance of a new Nelson Mandela Academic Hospital through a PPP model.

  • Advising the Development Bank of Southern Africa, the South African National Treasury, the National Department of health and the KwaZulu Natal Provincial Department of Health in respect of the design, build, finance, operation and maintenance of a new King Edward VIII Hospital PPP through a PPP model.

  • Advised the design and construction subcontractor, being the unincorporated joint venture between Aveng Grinaker-LTA and Keren Kula on the Public Private Partnership for the design, build, finance and operation of a New Head Office for the Department of Environmental Affairs.

  • Advising the Department of Rural Development and Land Reform regarding the procurement of a private party to design, build, finance, operate and maintain a new serviced working environment for the Department through a PPP model

 

  • Cliffe Dekker Hofmeyr is the lead advisor to Eskom Holdings, the largest electricity utility in Africa, and one of the top seven utilities world-wide. Our projects & energy team is advising this client in its role as buyer; transmission company; distributor; and system operator on the Renewable Energy IPP Procurement Programme. This mandate is wide-ranging and include advising on the appropriate regulatory regime and governance issues, power purchase agreements, procurement of IPPs, technical issues and agreements on grid interconnection and respective renewable energy technologies. In addition, we are also advising on a range of contract and claims management for Eskom for all of the 64 renewable energy projects under the programme, as well as the resolution of disputes and all ancillary processes contemplated under the project documents. A further 27 projects are anticipated to be signed in the first quarter of 2018.

  • Cliffe Dekker Hofmeyr is lead advisor to the Ethiopian Government, appointed through Tetra Tech ES, Inc., as the implementing partner to the US Agency for International Development’s Power Africa initiative. Our projects & energy team is advising this client in connection with the global competitive procurement conducted for the 100 MW Solar PV Project (Metehara Project). This mandate is wide-ranging and includes advising on governance issues; procurement of IPPs; technical issues; and agreements on grid interconnection. Our team has designed and drafted the request for proposals and the corresponding project documents including the related power purchase agreement; government implementation agreement; connection and use of system agreement; and more.

  • Cliffe Dekker Hofmeyr is representing Southern African Power Pool (SAPP), the electrical energy co-operation in Southern Africa, under the auspices of the Southern African Development Community (SADC). The members of SAPP have created a common power grid between their countries and a common market for electricity in the SADC region. Our projects & energy team has been appointed, through a competitive bidding process, as lead legal advisor 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.

  • Cliffe Dekker Hofmeyr is representing SunEQ GmbH, the leading Germany-based energy & natural resources sector player. Our projects & energy team is advising this client in respect of the development, financing, construction, operation and maintenance of a 5MW captive solar PV facility located in Namibia.

  • Cliffe Dekker Hofmeyr is representing Middle Lusutfu Hydropower. Our projects & energy team is advising this client in the development, financing, construction and operation of the Lower Maguduza Hydro Power Scheme as well as the drafting and negotiation of the power purchase agreement to be concluded with the utility, Swaziland Electricity Company. The scheme is a circa 13.5MW hydro-electric generation facility to be located in Swaziland, with the Swaziland Electricity Company as the buyer.

  • Cliffe Dekker Hofmeyr is representing the Kenya Urban Road Authority, the State Corporation under the Kenyan Ministry of Transport and Infrastructure. Our projects & energy team is advising this client in the second Nyali Bridge PPP Project. Our work on this major mandate including advising in connection with the design; finance; construction; operation; maintenance; and transfer of a bridge and road project in Mombasa, Kenya.

  • Cliffe Dekker Hofmeyr is representing Biotherm Energy, the African renewable energy development platform and one of South Africa’s leading renewable energy developers. Our projects & energy team is advising this client in respect of the development of two wind farms and two solar farms under the Fourth Bid Submission Phase of the Department of Energy's renewable energy IPP Procurement Programme.

  • Cliffe Dekker Hofmeyr is representing Old Mutual Alternative Investments, the leading asset management firm. Our projects & energy team is advising this client in the acquisition and subsequent development of a four of solar photovoltaic projects acquired from SunEdison. This mandate relates to projects including Project Bokamoso; De Wildt, Droogfontein; and Greefspan developed following the successful appointment in the Fourth Bid Submission Phase of the Department of Energy's REIPP Procurement Programme.

Practice Area Rankings

  • Chambers Global 2017–2018 ranked our Projects & Infrastructure practice in Band 3 for projects & energy.
  • Chambers Global 2013–2016 ranked us in Band 2 for projects & energy.
  • The Legal 500 EMEA 2009–2018 recommended us in Tier 2 for projects & infrastructure.
  • We were awarded the inaugural Law Firm of the Year award in 2012  by the South African Wind Energy Association.
  • We received the Energy Law Firm of the Year award in the 2011 and  2012 Lawyer Monthly Legal Awards.
  • We were awarded the Public Procurement Law Firm of the Year – Africa in the Finance Monthly Law Awards.
  • IFLR1000 2016–2018 ranked our practice in Tier 2 for energy and infrastructure: corporate and project finance.
  • IFLR1000 2015 ranked our practice in Tier 3 for energy and infrastructure: disputes and corporate, and in Tier 2 for energy and infrastructure: project development, financial and project finance.

Ranked Practitioners

  • Jay Govender is the National Practice Head for the Projects & Infrastructure team. She is also the Sector Head for Energy. Chambers Global 2016–2018 ranked her in Band 4 for projects & energy. The Legal 500 EMEA 2015–2018 recommended her for projects & infrastructure. IFLR1000 2018 recommended Jay as a highly regarded lawyer for energy and infrastructure and for project development. IFLR1000 2017 recommended her as a leading lawyer in this area.

  • The Legal 500 EMEA 2018 recommended Emma Dempster for projects & infrastructure. IFLR1000 2017–2018 recommended her as a leading lawyer (rising star) for project development and project finance.

  • The Legal 500 EMEA 2017–2018 recommended Megan Rodgers for projects & infrastructure.

  • Chambers Global 2016–2018 ranked Jurg van Dyk in Band 3 for construction. The Legal 500 EMEA 2018 recommended him as a leading individual for construction and recommended him for construction in 2016-2017. Best Lawyers International 2018 listed Jurg for construction law. IFLR1000 2018 recommended him as a notable practitioner.