Projects & Energy
CDH has experience across a broad spectrum of project related matters. We have been extensively involved in infrastructure and project finance, public private partnerships and energy projects in Southern Africa and across the African continent.
Energy Sector Services
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.
Energy Sector Brochures
Services
Energy Sector Services
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.
Brochures
Energy Sector Brochures
Projects & Energy Lawyers
Our Projects & Energy team has substantial experience in diverse infrastructure projects, project finance, PPPs, energy and oil and gas sector assignments in Kenya, Sub-Saharan Africa and across the rest of the African continent.
Our Work
All
Eco (Atlantic) Oil and Gas
CDH represented Eco (Atlantic) Oil and Gas, listed on Toronto Venture Exchange and London AIM. Our South Africa-based projects & infrastructure team advised Eco (Atlantic) Oil and Gas on its acquisition of Azinam Group. The acquisition resulted in the issuance to Azinam Holdings of, in aggregate, 40,170,474 common shares (the new issue), providing Azinam Holdings with 16.5 per cent of Eco's share capital as enlarged by such issue (enlarged share capital), providing for a cashless acquisition to become the sole owner of Azinam's entire African portfolio.
The National Petroleum Corporation of Namibia (NAMCOR)
Cliffe Dekker Hofmeyr represented NAMCOR, the Namibia-based national oil company. Our South Africa-based projects & infrastructure team advised on NAMCOR's acquisition of oil producing asset in Angola from Sonangol Pesquisa E Produção. This was achieved through the incorporation of a UK SPV, Sungara Energies (Sungara), which in turn entered into an agreement with Sonangol to purchase a 10 per cent participating interest in Block 15/06, 40 per cent participating interest in Block 23 (with operatorship), and 35 per cent participating interest in Block 27 (the Transaction).
Newcastle Energy
CDH is representing Newcastle Energy, the leading Australia-based proprietary company. Our South Africa-based projects & infrastructure team is advising Newcastle Energy, as IPP counsel, on a 100MW embedded generation gas power project whereby Newcastle Energy will sell energy to third-party offtakers.
Eco (Atlantic) Oil and Gas; Azinam Limited; Ricocure (Pty) Ltd
Cliffe Dekker Hofmeyr represented Eco (Atlantic) Oil and Gas (listed on TSXV and AIM), a leading Canada-based oil & gas exploration company; Ricocure, the leading South Africa-based oil and gas exploration company; and the current trustees of the Lunn Family Trust. Our South Africa-based projects & energy team advised clients in relation to the acquisition by Eco (Atlantic) Oil and Gas (through wholly owned UK entity Azinam) of additional 6.25 per cent participating interest (PI) in the exploration right referenced 12/3/339 from the Lunn Family Trust, one of the shareholders of Ricocure (Proprietary) (Ricocure) (the Acquisition).
FATA
CDH is representing FATA, the leading Italy-based global company which operates in the field of plant engineering, procurement and construction. Our South Africa-based projects & energy team is advising FATA as EPC counsel in respect of a renewable private sector IPP project being developed by Mulilo in South Africa. This is a critical and market-shaping project, as it will be one a of a handful of pioneering private sector independent power producer projects that would seek to create a lesser dependence on the purchase of power from Eskom and would seek to reduce the current grid and power load constraints affecting South Africa at large, thereby ensuring greater energy stability and security for South Africa.
Broadreach
CDH represented Broadreach, the leading South Africa-based player in the energy sector and a portfolio company of private equity fund Metier Sustainable Capital Fund II. Our South Africa-based projects & energy team advised Broadreach on its acquisition from Enertronica, the leading Italy-based company, of an indirect 35 per cent interest in Sertum Energy, which owns the 6MW Trekkopje Solar Plant in Namibia. We also advised Broadreach in respect of the funding for the transaction and the refinancing of the Bank Windhoek funding.
Puma Energy Tanzania; and Puma Energy South Africa
CDH is advising Puma Energy Tanzania, a subsidiary of Puma Energy, the leading Switzerland-based global mid- and downstream oil company. Our South Africa-based projects & energy team is advising Puma Energy Tanzania on a matter relating to an agreement between Puma Energy and the Petroleum Bulk Procurement Agency of Tanzania (the Agency), which concluded an importation contract in compliance with Petroleum (Bulk Procurement) Regulations 2017 GN No. 198 of 2017 (Petroleum Regulations) and the Petroleum Act, 21 of 2015 (Petroleum Act) to import petroleum products into Tanzania.
Arcelor Mittal South Africa
CDH is representing Arcelor Mittal South Africa, the leading steel producer in Africa. Our South Africa-based projects & infrastructure team is advising Arcelor Mittal South Africa as sponsor/developer counsel on the development of a 100MW embedded generation private sector photovoltaic power project, in the Gauteng of South Africa, and a 100MW embedded generation private sector wind project in the Western Cape of South Africa, which will supply electricity in accordance with a long-term power purchase agreement.
Richard Bay Gas Power 2 Pty Ltd
Cliffe Dekker Hofmeyr is representing Richard Bay Gas Power 2, the South Africa-based gas power plant. Our South Africa-based projects & infrastructure team is advising Richards Bay Gas Power 2 (Richards Bay) on the judicial review application brought by Groundwork Trust and South Durban Community Environmental Alliance against the Minister of Forestry, Fisheries and the Environment; the Chief Director: Integrated Environmental Authorisations Department of Forestry, Fisheries and the Environment; and Richards Bay, for granting an environmental authorisation a gas facility with a maximum export capacity of 400MW to be developed by Richards Bay. The matter involves Groundwork seeking an order to set aside the decision by the Minister to grant an environmental authorisation to Richards Bay for the establishment of a Gas to Power Project.
Our Work
Eco (Atlantic) Oil and Gas
CDH represented Eco (Atlantic) Oil and Gas, listed on Toronto Venture Exchange and London AIM. Our South Africa-based projects & infrastructure team advised Eco (Atlantic) Oil and Gas on its acquisition of Azinam Group. The acquisition resulted in the issuance to Azinam Holdings of, in aggregate, 40,170,474 common shares (the new issue), providing Azinam Holdings with 16.5 per cent of Eco's share capital as enlarged by such issue (enlarged share capital), providing for a cashless acquisition to become the sole owner of Azinam's entire African portfolio.
The National Petroleum Corporation of Namibia (NAMCOR)
Cliffe Dekker Hofmeyr represented NAMCOR, the Namibia-based national oil company. Our South Africa-based projects & infrastructure team advised on NAMCOR's acquisition of oil producing asset in Angola from Sonangol Pesquisa E Produção. This was achieved through the incorporation of a UK SPV, Sungara Energies (Sungara), which in turn entered into an agreement with Sonangol to purchase a 10 per cent participating interest in Block 15/06, 40 per cent participating interest in Block 23 (with operatorship), and 35 per cent participating interest in Block 27 (the Transaction).
Newcastle Energy
CDH is representing Newcastle Energy, the leading Australia-based proprietary company. Our South Africa-based projects & infrastructure team is advising Newcastle Energy, as IPP counsel, on a 100MW embedded generation gas power project whereby Newcastle Energy will sell energy to third-party offtakers.
Eco (Atlantic) Oil and Gas; Azinam Limited; Ricocure (Pty) Ltd
Cliffe Dekker Hofmeyr represented Eco (Atlantic) Oil and Gas (listed on TSXV and AIM), a leading Canada-based oil & gas exploration company; Ricocure, the leading South Africa-based oil and gas exploration company; and the current trustees of the Lunn Family Trust. Our South Africa-based projects & energy team advised clients in relation to the acquisition by Eco (Atlantic) Oil and Gas (through wholly owned UK entity Azinam) of additional 6.25 per cent participating interest (PI) in the exploration right referenced 12/3/339 from the Lunn Family Trust, one of the shareholders of Ricocure (Proprietary) (Ricocure) (the Acquisition).
FATA
CDH is representing FATA, the leading Italy-based global company which operates in the field of plant engineering, procurement and construction. Our South Africa-based projects & energy team is advising FATA as EPC counsel in respect of a renewable private sector IPP project being developed by Mulilo in South Africa. This is a critical and market-shaping project, as it will be one a of a handful of pioneering private sector independent power producer projects that would seek to create a lesser dependence on the purchase of power from Eskom and would seek to reduce the current grid and power load constraints affecting South Africa at large, thereby ensuring greater energy stability and security for South Africa.
Broadreach
CDH represented Broadreach, the leading South Africa-based player in the energy sector and a portfolio company of private equity fund Metier Sustainable Capital Fund II. Our South Africa-based projects & energy team advised Broadreach on its acquisition from Enertronica, the leading Italy-based company, of an indirect 35 per cent interest in Sertum Energy, which owns the 6MW Trekkopje Solar Plant in Namibia. We also advised Broadreach in respect of the funding for the transaction and the refinancing of the Bank Windhoek funding.
Puma Energy Tanzania; and Puma Energy South Africa
CDH is advising Puma Energy Tanzania, a subsidiary of Puma Energy, the leading Switzerland-based global mid- and downstream oil company. Our South Africa-based projects & energy team is advising Puma Energy Tanzania on a matter relating to an agreement between Puma Energy and the Petroleum Bulk Procurement Agency of Tanzania (the Agency), which concluded an importation contract in compliance with Petroleum (Bulk Procurement) Regulations 2017 GN No. 198 of 2017 (Petroleum Regulations) and the Petroleum Act, 21 of 2015 (Petroleum Act) to import petroleum products into Tanzania.
Arcelor Mittal South Africa
CDH is representing Arcelor Mittal South Africa, the leading steel producer in Africa. Our South Africa-based projects & infrastructure team is advising Arcelor Mittal South Africa as sponsor/developer counsel on the development of a 100MW embedded generation private sector photovoltaic power project, in the Gauteng of South Africa, and a 100MW embedded generation private sector wind project in the Western Cape of South Africa, which will supply electricity in accordance with a long-term power purchase agreement.
Richard Bay Gas Power 2 Pty Ltd
Cliffe Dekker Hofmeyr is representing Richard Bay Gas Power 2, the South Africa-based gas power plant. Our South Africa-based projects & infrastructure team is advising Richards Bay Gas Power 2 (Richards Bay) on the judicial review application brought by Groundwork Trust and South Durban Community Environmental Alliance against the Minister of Forestry, Fisheries and the Environment; the Chief Director: Integrated Environmental Authorisations Department of Forestry, Fisheries and the Environment; and Richards Bay, for granting an environmental authorisation a gas facility with a maximum export capacity of 400MW to be developed by Richards Bay. The matter involves Groundwork seeking an order to set aside the decision by the Minister to grant an environmental authorisation to Richards Bay for the establishment of a Gas to Power Project.
Projects & Energy News
More newsReform of the electricity market: Updates on the ERA Bill and draft Wholesale Market Code
South Africa’s energy sector is historically founded upon a vertically integrated model in terms of which Eskom has been responsible for electricity generation, transmission and distribution. However, the ongoing electricity supply crisis has accelerated calls and action to reform the market to provide for greater private access and a more competitive multi-marketsystem.
Power struggle: Eskom’s bid to reserve grid capacity denied
On 6 May 2024, Eskom submitted an application to the National Energy Regulator of South Africa (NERSA) in terms of section 21(2) of the Electricity Regulation Act 4 of 2006 (ERA), seeking NERSA’s approval to reserve and preserve grid connection capacity in favour of any project procured in terms of a ministerial determination published under section 34 of the ERA.
Quarterly energy market update
Happy Clients
"The team is competent and demonstrates in-depth knowledge in most areas of expertise."
Chambers Global 2022
A "one-stop shop for any speciality areas."
Chambers Global 2022
Discharge of advisory services with highest degree of integrity and objectivity.
Legal 500 EMEA 2020
The group works together as one integrated unit/team and has complementary skills.
Legal 500 EMEA 2020
Good in-depth knowledge of the energy sector, and able to provide constructive solutions to certain challenges.
Legal 500 EMEA 2020