Finance & Banking Law

CDH has one of the top finance and banking teams in South Africa and Kenya and our excellent technical understanding is coupled with practical expertise and a strong commercial focus.

Finance & Banking Law Services

Our finance and banking advice and services cover:

  • Debt capital markets.
  • Project finance.
  • Public-private partnerships.
  • Commodity trade finance.
  • Acquisition finance.
  • General banking and investment structures.
  • Pensions and employee benefits.
  • Lending arrangements.
  • Compliance.

Debt Capital Markets

Our Debt Capital Markets practitioners serve as legal counsel to South Africa's major banking groups and a number of major international banks.

Financial Services

Our Financial Services service represents some of the largest international banks and all the major banking groups in South Africa, has a strong team of practitioners who offer comprehensive and strategic advice in all areas of financial services.

Finance & Banking Law Video

The CDH Finance & Banking team led by Practice Head, Mashudu Mphafudi, has over the years worked on many ground-breaking matters. The team includes lawyers with experience in all areas of finance and banking and works together to provide legal services and advice across this dynamic and complex sector.

Watch as Mashudu introduces this highly qualified team that delivers finance and banking services across various sectors of the economy with a diverse range of legal expertise.  

Services

Finance & Banking Law Services

Our finance and banking advice and services cover:

  • Debt capital markets.
  • Project finance.
  • Public-private partnerships.
  • Commodity trade finance.
  • Acquisition finance.
  • General banking and investment structures.
  • Pensions and employee benefits.
  • Lending arrangements.
  • Compliance.

Debt Capital Markets

Our Debt Capital Markets practitioners serve as legal counsel to South Africa's major banking groups and a number of major international banks.

Financial Services

Our Financial Services service represents some of the largest international banks and all the major banking groups in South Africa, has a strong team of practitioners who offer comprehensive and strategic advice in all areas of financial services.

Video

Finance & Banking Law Video

The CDH Finance & Banking team led by Practice Head, Mashudu Mphafudi, has over the years worked on many ground-breaking matters. The team includes lawyers with experience in all areas of finance and banking and works together to provide legal services and advice across this dynamic and complex sector.

Watch as Mashudu introduces this highly qualified team that delivers finance and banking services across various sectors of the economy with a diverse range of legal expertise.  

Brochures

Finance & Banking Lawyers

CDH finance and banking services and advice cover debt capital markets, project finance, public-private partnerships (PPPs), commodity trade finance, acquisition finance, general banking and investment structures, and pension and employee benefits

Our Finance & Banking Lawyers

Our Work

All

Lonmin

Cliffe Dekker Hofmeyr is representing Lonmin, the leading UK-based producer of platinum group metals.  Our South Africa-based banking & finance team is advising Lonmin on the innovative ZAR 3 billion refinancing of senior lenders through a prepaid metals purchase funding solution from Jiangxi Copper Corporation.  

Rand Merchant Bank (RMB)

Cliffe Dekker Hofmeyr represented RMB, the leading South Africa-based merchant bank.  Our South Africa-based banking & finance team provided RMB with combined acquisition finance, tax structuring, real estate and banking expertise in connection with RMB’s funding of a portion of investments by KC and Vulindlela into a new property listed REIT vehicle set up by Growthpoint with ring-fenced mezzanine facilities split between vanilla loan and Hybrid Debt Instruments under Section 8FA of the Income Tax Act.  

Harmony Gold Mine

Cliffe Dekker Hofmeyr is representing Harmony Gold Mine, the leading South Africa-based global gold mining and exploration company.  Our South Africa-based banking & finance team is advising Harmony Gold Mine regarding converting the funding from secured to unsecured, releasing security and negotiating new facilities syndicated, multi-tranche, multi-currency, sustainability linked term loans (including a green loans loan of up to ZAR 1.5 billion and a US$ term loan of up to US$100 million) and sustainability linked (ESG) revolving credit facilities (including a ZAR revolving credit facility of up to ZAR 2.5 billion and a US$ revolving credit facility of up to US$300 million).  

Public Investment Corporation (PIC); Industrial Development Corporation of South Africa (IDC); and Noble Resources International

Cliffe Dekker Hofmeyr is representing PIC, the South African state-owned entity with circa ZAR 2 trillion-plus of assets under management; IDC, the South Africa-based national development finance institution set up to promote economic growth and industrial development by the Government of South Africa; and Noble Resources International, the leading South Africa-based industrial raw materials supplier.  Our South Africa-based banking & finance team is advising these clients as lender’s counsel, conducting legal due diligence and advising on various mining contract packages such as the coal supply, the EPC contract, coal off take agreements with Eskom, in a transaction that will create over 3,000 direct jobs to revitalise the economy of South Africa.  

Various Banks

Cliffe Dekker Hofmeyr represented Absa Bank; the Development Bank of South Africa; Investec Bank; Standard Bank of South Africa; Nedbank; and First Rand Bank, the leading South Africa-based financial institutions.  Our South Africa-based banking & finance team acted as lenders' counsel to these clients in relation to a transaction with Trans‑Caledon Tunnel Authority (TCTA) in terms of which the lenders provided various term facilities in an aggregate amount of ZAR 15.2 billion to TCTA for purposes of funding the Integrated Vaal River System comprising Phases 1 and 2 of the Lesotho Highlands Water Project and the Acid Mine Drainage Project.  The transaction had to be implemented within a highly-regulated environment within which TCTA's operates.  The key regulatory issues for our clients related to the enforceability of the finance documents.  

Absa Bank

Cliffe Dekker Hofmeyr represented Absa Bank, the leading South Africa-based financial services group.  Our South Africa-based banking & finance team acted as lead lender counsel for Absa Bank in relation to its provision of a development loan facilities Newlyn Investments Proprietary (Newlyn) in an aggregate amount of circa ZAR 1.57 billion to finance the development, construction, operation and management of an industrial warehouses facility to be located In Kwa-Zulu Natal, South Africa.  

Our Work

Lonmin

Cliffe Dekker Hofmeyr is representing Lonmin, the leading UK-based producer of platinum group metals.  Our South Africa-based banking & finance team is advising Lonmin on the innovative ZAR 3 billion refinancing of senior lenders through a prepaid metals purchase funding solution from Jiangxi Copper Corporation.  

Rand Merchant Bank (RMB)

Cliffe Dekker Hofmeyr represented RMB, the leading South Africa-based merchant bank.  Our South Africa-based banking & finance team provided RMB with combined acquisition finance, tax structuring, real estate and banking expertise in connection with RMB’s funding of a portion of investments by KC and Vulindlela into a new property listed REIT vehicle set up by Growthpoint with ring-fenced mezzanine facilities split between vanilla loan and Hybrid Debt Instruments under Section 8FA of the Income Tax Act.  

Harmony Gold Mine

Cliffe Dekker Hofmeyr is representing Harmony Gold Mine, the leading South Africa-based global gold mining and exploration company.  Our South Africa-based banking & finance team is advising Harmony Gold Mine regarding converting the funding from secured to unsecured, releasing security and negotiating new facilities syndicated, multi-tranche, multi-currency, sustainability linked term loans (including a green loans loan of up to ZAR 1.5 billion and a US$ term loan of up to US$100 million) and sustainability linked (ESG) revolving credit facilities (including a ZAR revolving credit facility of up to ZAR 2.5 billion and a US$ revolving credit facility of up to US$300 million).  

Public Investment Corporation (PIC); Industrial Development Corporation of South Africa (IDC); and Noble Resources International

Cliffe Dekker Hofmeyr is representing PIC, the South African state-owned entity with circa ZAR 2 trillion-plus of assets under management; IDC, the South Africa-based national development finance institution set up to promote economic growth and industrial development by the Government of South Africa; and Noble Resources International, the leading South Africa-based industrial raw materials supplier.  Our South Africa-based banking & finance team is advising these clients as lender’s counsel, conducting legal due diligence and advising on various mining contract packages such as the coal supply, the EPC contract, coal off take agreements with Eskom, in a transaction that will create over 3,000 direct jobs to revitalise the economy of South Africa.  

Various Banks

Cliffe Dekker Hofmeyr represented Absa Bank; the Development Bank of South Africa; Investec Bank; Standard Bank of South Africa; Nedbank; and First Rand Bank, the leading South Africa-based financial institutions.  Our South Africa-based banking & finance team acted as lenders' counsel to these clients in relation to a transaction with Trans‑Caledon Tunnel Authority (TCTA) in terms of which the lenders provided various term facilities in an aggregate amount of ZAR 15.2 billion to TCTA for purposes of funding the Integrated Vaal River System comprising Phases 1 and 2 of the Lesotho Highlands Water Project and the Acid Mine Drainage Project.  The transaction had to be implemented within a highly-regulated environment within which TCTA's operates.  The key regulatory issues for our clients related to the enforceability of the finance documents.  

Absa Bank

Cliffe Dekker Hofmeyr represented Absa Bank, the leading South Africa-based financial services group.  Our South Africa-based banking & finance team acted as lead lender counsel for Absa Bank in relation to its provision of a development loan facilities Newlyn Investments Proprietary (Newlyn) in an aggregate amount of circa ZAR 1.57 billion to finance the development, construction, operation and management of an industrial warehouses facility to be located In Kwa-Zulu Natal, South Africa.  

Finance & Banking Law News

More news

Enhancing supervision in the banking sector: A review of the Draft Banking (Penalties) Regulations, 2024

The Central Bank of Kenya (CBK) plays a fundamental role in maintaining stability within Kenya’s banking sector. According to the Banking Act (Act), the CBK is empowered to make regulations for carrying out the purposes and provisions of the Act. The CBK may make regulations or prescribe penalties to be paid by banks, financial institutions, mortgage finance companies, credit reference bureaus and any other persons that fail or refuse to comply with its directions under the Act or Prudential Guidelines. In exercising this power, the CBK recently published the Draft Banking (Penalties) Regulations, 2024 (Proposed Regulations) whose defining features are a marked departure from the Banking (Penalties) Regulations, 1999 (Existing Regulations) which they will be seeking to repeal. In this article, we highlight some noteworthy features that the Proposed Regulations will introduce. 

Jurisdiction of the Environment and Land Court in enforcement of securities over land

” Jurisdiction is everything ” reads part of the decision of the Court of Appeal in the Owners of Motor Vessel Lillian S v Caltex Oil (Kenya) Limited KLR 1. 

The pari passu principle in loan transactions

An important, yet undervalued principle in loan transactions is the pari passu principle. The principle concerns the ranking of lenders’ claims and concomitant security rights in loan transactions. In this article, the meaning and scope of the pari passu principle in loan transactions isdiscussed.  

Market recognition

Our Finance & Banking practice is externally praised for its depth of resources, capabilities and expertise.

 

  • Chambers Global 2021–2024 ranked our Finance & Banking practice in Band 2 for capital markets: equity.
  • Chambers Global 2013–2024 ranked capital markets: debt in Band 2.
  • Chambers Global 2017–2024 ranked our Finance & Banking practice in Band 2 for banking & finance.
  • The Legal 500 EMEA 2009–2024 recommended us in Tier 2 for banking & finance.
  • The Legal 500 EMEA 2024 recommends our Kenya banking, finance & capital markets practice in Tier 3.
  • The Legal 500 EMEA 2022–2023 recommends our Kenya banking, finance & capital markets practice in Tier 2.
  • IFLR1000 2017–2023 ranked our practice in Tier 2 for banking, and also in project finance.
  • IFLR1000 2016–2022 ranked our practice in Tier 2 for capital markets: debt and capital markets: equity.

Market recognition

Our Finance & Banking practice is externally praised for its depth of resources, capabilities and expertise.

 

  • Chambers Global 2021–2024 ranked our Finance & Banking practice in Band 2 for capital markets: equity.
  • Chambers Global 2013–2024 ranked capital markets: debt in Band 2.
  • Chambers Global 2017–2024 ranked our Finance & Banking practice in Band 2 for banking & finance.
  • The Legal 500 EMEA 2009–2024 recommended us in Tier 2 for banking & finance.
  • The Legal 500 EMEA 2024 recommends our Kenya banking, finance & capital markets practice in Tier 3.
  • The Legal 500 EMEA 2022–2023 recommends our Kenya banking, finance & capital markets practice in Tier 2.
  • IFLR1000 2017–2023 ranked our practice in Tier 2 for banking, and also in project finance.
  • IFLR1000 2016–2022 ranked our practice in Tier 2 for capital markets: debt and capital markets: equity.

Happy Clients

Chambers Global 2024

“A key component of their advice and work is their understanding of the commercial aspects and concepts of the transaction, which adds extreme value to the process.”

Chambers Global 2024
Chambers Global 2024

“Cliffe Dekker Hofmeyr was exceptional in its ability to handle the complexity of the transaction and propose sophisticated and effective solutions to all issues that were identified.”

Chambers Global 2024
Chambers Global 2024

They are very good in big commercial transactions.”

Chambers Global 2024
Chambers Global 2023

"Cliffe Dekker Hofmeyr are highly customer-centric and highly responsive to our requirements."

Chambers Global 2023
Chambers 2023

"They will walk the proverbial extra mile for their clients."

Chambers 2023
Chambers Global 2023

"Their service levels are exceptional."

Chambers Global 2023

‘I found the team to be very proactive in transactions, ensuring that technical issues are anticipated and resolved timeously. They were always responsive and made sure that expectations were managed accordingly.’

The Legal 500 EMEA

Unbelievable work ethic – turnaround times are prompt and the content accurate. They deliver consistently, are pro-active, and they go the extra mile in engaging other areas within the firm to provide guidance.

The Legal 500 EMEA