Kelo Seleka

Kelo was admitted as an attorney in 2016 and practiced as such for over 5 years before joining Cliffe Dekker Hofmeyr in 2022. He has experience in public law (including administrative, constitutional and public finance, procurement related laws), public international law. Kelo also has experience in general and commercial litigation as well as arbitrations in the energy and infrastructure sectors. He was promoted to Senior Associate in 2024.

International Trade and Investment

• Provided a Legal report to BRICS Financial Services Working Group (FSWG) and BRICS Business Council on risks and potential implications of sanctions relating to the Russian Government and its associated persons, entities and economic sectors on the mandate and activities of the FSWG due to the BRICS summit that was held in South Africa.
• Advised client on the legal structuring of cross-border investments into South Africa via Mauritius, with a focus on investment protection under the Mauritius-South Africa Bilateral Investment Treaty (BIT). The advice included analysis of qualifying investor and investment definitions, treaty protections such as fair and equitable treatment, national treatment, and protection against expropriation. Also advised on the implications of the AfCFTA Investment Protocol, including the future termination of intra-African BITs and the sunset clause preserving existing protections for 20 years. Provided strategic guidance on treaty shopping, nationality planning, and risk mitigation in anticipation of regulatory changes.
• Advised client on the strategic benefits of the African Continental Free Trade Area (AfCFTA) for its ICT operations across Africa. The advisory covered key areas including investment protection, digital trade facilitation, harmonization of ICT regulations, and market access under AfCFTA protocols. Highlighted opportunities for infrastructure expansion, regional value chains, and regulatory alignment to support client's growth in data centres, cybersecurity, and cloud services

Public and Procurement Law

• Drafting opinions on issues relating to, amongst others, the Constitution, administrative law, Public Finance Management Act 1 of 1999, supply chain policy, Preferential Procurement Policy Framework Act 5 of 2000 and other procurement laws.

• Assisting with the review of issued Request for Proposal (RFPs) as well as other procurement documents and advising on whether the RFPs and evaluation process are compliant with procurement laws.
• Provided regulatory advice (including PFMA considerations and Borrowing Powers of the Provincial Government, 48 of 1996) and a legality and enforceability opinion to the DBSA in respect of the loan it intended to advance to Northern Cape Provincial Treasury for the benefit of Northern Cape Department of Cooperative Governance, Human Settlements and Traditional Affairs in respect of its housing infrastructure programme.
• Assisted Nedbank Limited, acting through its Nedbank Corporate and Investment Banking division, in the successful closing of a R3.5 billion loan facility provided by Nedbank to the City of Cape Town. The City of Cape Town will use the funds for its infrastructure development plans.
• Assisted Trans-Caledon Tunnel Authority (TCTA) with reviewing and updating the public procurement policies and manuals for the procurement of goods and service as well as infrastructure procurement of the TCTA. The review was undertaken to identify any gaps and ensure that the TCTA's procurement policies and manuals are compliant with the applicable legal framework for public procurement and the recent developments that have occurred as result of case laws, National Treasury Instruction Notes, standards and guidelines etc
• Advised the NRF the extensive report on the process and requirements for reclassification of PFMA listed entities and whether there is potential case to make a case for reclassification for a Schedule 3A PFMA entity to be reclassified as a Schedule 3B government business enterprise (with the NRF being a 3A entity currently). As part of the advice to NRF, CDH was required to review activities and transaction undertaken by the NRF and its compliance with the applicable regulatory framework including section 54 of the PFMA and its current Significance and Materiality Framework.

Infrastructure and Energy

• Member of a team that assisted and participated in the evaluation of bid responses and preparation of evaluation reports in various procurement programmes such as the Renewable Energy Independent Power Producers Procurement Programmes.
• Appointed by AMEA Power as sponsor counsel on the 120MW Doornhoek photovoltaic power project selected as preferred bidder under bid window 6 of the REIPPP, located near Klerksdorp in the North-West Province. As part of the appointment, CDH advised capacity and authority of the Department of Mineral Resources and Energy of the Government of South Africa and Eskom to enter into, project agreements for Bid Window 5 and the enforceability thereof including but not limited to, compliance with section 54 and section 66 as well 70 of the PFMA.

Dispute Resolution (Commercial Litigation and Arbitration)

• Kelo has assisted and advised clients in general commercial litigation, miscellaneous litigation cases and arbitrations. This includes: