Samantha Kelly

Samantha joined Cliffe Dekker Hofmeyr as a Candidate Attorney in 2013, during which time she had exposure to labour law, dispute resolution, and real estate. 

Samantha was appointed as an Associate in 2015 in our Real Estate Law & Conveyancing, was promoted to Senior Associate in 2018, and was promoted to Counsel in 2023.

• Acts for various project companies and lenders in the renewable energy sector (solar and wind farms), in respect of land, which includes: land-related due diligence investigations; reviewing, drafting and registration of notarial leases; reviewing, drafting and registration of servitudes; facilitating, obtaining and reviewing land-related regulatory approvals and consents; investigating land claims: and issuing legal opinions.

• Experience in negotiations, drafting and conveyancing in commercial property transactions, which experience includes; Attending to the disposal of letting enterprises for JSE-listed property funds; vendor loans; Asset swaps and property exchanges between property companies (such as: swap of one-half share in Menlyn Shopping Centre and Cavendish Shopping Centre between Pareto Limited and Old Mutual Property, worth approximately R4.3 billion; and exchange of Synergy’s retail assets for Vukile's office and industrial assets to Synergy, worth approximately R5.5 billion); and conversion of a Collective Investment Schemes to Real Estate Investment Trusts for a Listed Property Fund and assisting all aspects of the conveyancing process involved therein (deal value of approximately R10 billion).

• Drafting and negotiation of security documents, which experience includes-

  • registration of a notarial bonds over a fibre network for R23 billion;
  • registration of special notarial bond for $2,2 billion over a telecommunication network.

• Opening of townships and sectional title schemes and all aspects related thereto, including: subdivisions / consolidations / excisions / removal of title conditions / endorsement applications (e.g. section 4(1)(b) / section 93(1)) / SPLUMA legislation and relevant by-laws.

• Leasehold transactions and developments, which experience includes-

  • disposal of commercial leasehold land for the value of R212 million
  • various aspects of the leasehold model at Waterfall Estate (99-year long-term leasehold structure)
  • drafting of leasehold development rights agreements, development leases and end-user long-term leases

• Commercial negotiations, drafting and conveyancing of the asset swaps and property exchanges between property companies (such as: swap of one-half share in Menlyn Shopping Centre and Cavendish Shopping Centre between Pareto Limited and Old Mutual Property, worth approximately R4.3 billion; and exchange of Synergy’s retail assets for Vukile's office and industrial assets to Synergy, worth approximately R5.5 billion).

• Opening of townships and sectional title schemes and all aspects related thereto, including: subdivisions / consolidations / excisions / removal of title conditions / endorsement applications (e.g. section 4(1)(b) / section 93(1)) / SPLUMA legislation and relevant by-laws.

• The Legal 500 EMEA 2022 - 2025 recommended Samantha for Real Estate and notes her as a key lawyer.