Johan Coetzee_Johannesburg_Lawyer

Johan Coetzee

Partner
It is important to consider various legal aspects that may be relevant in the real estate sector, ranging from surface rights in the mining, security in respect of land and renewable projects, property developments, merger filings and market inquiries being undertaken by the Competition Commission.
Jurisdiction South Africa, 1989
Language(s) English, Afrikaans
Office(s) Johannesburg
Contact
Business +27 11 586 6044
Email [email protected]
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Overview

Johan Coetzee is heading the real estate team and is a leading commercial attorney in Fasken’s Johannesburg office, with recognised expertise in the area of competition law. He also specialises in commercial property transactions, and all related real estate law matters.

Johan advised on some of the largest commercial property developments and mergers in the Real Estate Investment Trust (REIT) sectors in South Africa over many years.

With more than 30 years’ of extensive experience as a commercial attorney in the real estate sector, Johan acts for numerous clients in South Africa. His work in this area consists of all aspects of real estate work, including conveyancing and notarial work, commercial property developments, sectional title schemes, registration of leases, servitudes and mortgage and notarial bonds for lenders and clients in the mining and manufacturing industries.

Within competition law he works with clients from a broad range of sectors, Johan prepares merger notifications to the South African competition authorities, including in the steel, manufacturing, property management services and REIT sectors; provides compliance advice and training to clients; and provides opinions on competition law considerations in the consumer goods, agricultural services and aviation sectors.

Related Services

Industries

Practices

Markets

Achievements

  • Recognized nationwide as Highly Regarded in Real Estate, 12/8/2025
  • Best Lawyers, Best Lawyers 2022 to 2025
  • IFLR1000 , IFLR 1000 2020 to 2022
  • Leading lawyer in the field of Competition Law, IFLR 1000 2015 to 2021
  • Best Lawyers, Best Lawyers 2021
  • Recommended for Corporate and M&A, The Legal 500 Europe Middle East and Africa 2016
  • Recommended for Competition, The Legal 500 Europe Middle East and Africa 2015
IFLR 1000 Publication name with laurels Recognized nationwide as Highly Regarded in Real Estate IFLR1000 undertakes qualitative research into law firms and lawyers to inform the publication of annual rankings, ratings and awards, and editorial content.
Best Lawyers Publication name with laurels Best Lawyers Best Lawyers Recognised by Best Lawyers in the field of Corporate Law Read more
IFLR 1000 Publication name with laurels IFLR 1000 IFLR1000 Recognised by IFLR as highly regarded in the area of Competition.
IFLR 1000 Publication name with laurels Recognized nationwide as Highly Regarded in Real Estate IFLR1000 undertakes qualitative research into law firms and lawyers to inform the publication of annual rankings, ratings and awards, and editorial content.
Best Lawyers Publication name with laurels Best Lawyers Best Lawyers Recognised by Best Lawyers in the field of Corporate Law Read more
IFLR 1000 Publication name with laurels IFLR 1000 IFLR1000 Recognised by IFLR as highly regarded in the area of Competition.
IFLR 1000 Publication name with laurels IFLR 1000 Leading lawyer in the field of Competition Law
Best Lawyers Publication name with laurels Best Lawyers Best Lawyers Recognised by Best Lawyers in the field of Competition Law
Legal 500 Publication name with laurels The Legal 500 Europe Middle East and Africa Recommended for Corporate and M&A
Legal 500 Publication name with laurels The Legal 500 Europe Middle East and Africa Recommended for Competition

Experience

  • Enel Green Power reaches financial close on three wind power projects of a combined capacity of 330MW, [Deal - Lenders], Portfolio project financing for the construction, operation and maintenance of 3 wind farms with a combined capacity of 330MW.
  • CPV 1 Touwsrivier solar plant refinancing, [Deal - Lenders], Fasken advised the Lenders in respect of the refinancing of a Concentrated Solar Power project, the CPV 1 Touwsrivier solar plant which was developed pursuant to the Renewable Energy Independent Power Producers Producer Programme (REIPPPP).
  • Advised Lenders in relation to the portfolio financing of five wind energy projects, [Deal - Lenders], Part of the team that advised the Lenders in relation to the portfolio financing of five wind energy projects which will produce approximately 700MW of electricity.
  • Acting for a large religious institution and related public benefit organisations, [Deal - Confidential], Acting for a large religious institution and related public benefit organisations [confidential clients] in all property related aspects, including property transfers, consolidations and subdivisions of properties and retirement village owned and managed by one of such organisations.
  • Enel, [Deal - Nedbank Limited, ABSA Bank Limited], We advised the Lenders (ABSA Bank and Nedbank) in relation to the portfolio financing of five wind energy projects which will produce approximately 700MW of electricity. The Fasken team advised the Lenders on the structure of the financing and security, and were responsible for the negotiation an...
  • Legal Advisor in relation to the financing, construction, operation and maintenance of the following four projects to be undertaken by BioTherm Energy Proprietary Limited, [Deal - BioTherm Energy Proprietary Limited], Part of the team that acted as Lender’s Legal Advisor in relation to the financing, construction, operation and maintenance of the following four projects to be undertaken by BioTherm Energy Proprietary Limited in Round IV of the Renewable Energy Independent Power Producer Procurement Programme
  • Advised the Borrower and the Sponsors in relation to the development, financing, construction, operation and maintenance of the 140 MW Kangnas wind farm, [Deal - Sponsor], Part of the team that advised the Borrower and the Sponsors in relation to the development, financing, construction, operation and maintenance of the 140 MW Kangnas wind farm.
  • Real estate advice, conveyancing and notarial work for ACWA Power, [Deal - ACWA Power], Real estate advice, conveyancing and notarial work for ACWA Power in a renewable project at Bokpoort
  • Attending to property aspects of due diligence investigations, [Deal - Confidential], Attending to property aspects of due diligence investigations for numerous clients and project.
Deal Advised Lenders Enel Green Power reaches financial close on three wind power projects of a combined capacity of 330MW Portfolio project financing for the construction, operation and maintenance of 3 wind farms with a combined capacity of 330MW. Read more
Deal Advised Lenders CPV 1 Touwsrivier solar plant refinancing Fasken advised the Lenders in respect of the refinancing of a Concentrated Solar Power project, the CPV 1 Touwsrivier solar plant which was developed pursuant to the Renewable Energy Independent Power Producers Producer Programme (REIPPPP). Read more
Deal Advised Lenders Advised Lenders in relation to the portfolio financing of five wind energy projects Part of the team that advised the Lenders in relation to the portfolio financing of five wind energy projects which will produce approximately 700MW of electricity. Read more
Deal Advising Confidential Acting for a large religious institution and related public benefit organisations Acting for a large religious institution and related public benefit organisations [confidential clients] in all property related aspects, including property transfers, consolidations and subdivisions of properties and retirement village owned and managed by one of such organisations. Read more
Deal Advised Nedbank Limited, ABSA Bank Limited Enel We advised the Lenders (ABSA Bank and Nedbank) in relation to the portfolio financing of five wind energy projects which will produce approximately 700MW of electricity. The Fasken team advised the Lenders on the structure of the financing and security, and were responsible for the negotiation an... Read more
Deal Advised BioTherm Energy Proprietary Limited Legal Advisor in relation to the financing, construction, operation and maintenance of the following four projects to be undertaken by BioTherm Energy Proprietary Limited Part of the team that acted as Lender’s Legal Advisor in relation to the financing, construction, operation and maintenance of the following four projects to be undertaken by BioTherm Energy Proprietary Limited in Round IV of the Renewable Energy Independent Power Producer Procurement Programme Read more
Deal Advised Sponsor Advised the Borrower and the Sponsors in relation to the development, financing, construction, operation and maintenance of the 140 MW Kangnas wind farm Part of the team that advised the Borrower and the Sponsors in relation to the development, financing, construction, operation and maintenance of the 140 MW Kangnas wind farm. Read more
Deal Advised ACWA Power Real estate advice, conveyancing and notarial work for ACWA Power Real estate advice, conveyancing and notarial work for ACWA Power in a renewable project at Bokpoort Read more
Deal Advised Confidential Attending to property aspects of due diligence investigations Attending to property aspects of due diligence investigations for numerous clients and project. Read more
All Experience

Career & Education

Education

  • Certificate, Competition Law University of Witwatersrand
  • Higher Diploma, Tax Law University of Johannesburg
  • LLM, Corporate Law University of South Africa
  • LLB University of Pretoria
  • BLC University of Pretoria

Community involvement

  • Specialist, Senior Examiner and Moderator , Attorneys’ Entrance Examinations Legal Practice Committee

Memberships & Affiliations

  • Admitted as a Notary Public
  • Member Legal Practice Council of South Africa
  • Admitted as a Conveyancer
  • Member Association of Competition Law Practitioners

Knowledge

  • Assessing key aspects of the new Expropriation Act, 1/29/2025
  • Supreme Court of Appeal places “life-rights” under the spotlight, 7/1/2022
  • Expropriation without compensation – it is not the end of the road and is still on the table, 12/15/2021
  • 100MW Electricity Generation Licence Exemption May Have Finally Been Given The Green Light, 8/13/2021
  • The repeal of the Subdivision of Agricultural Land Act – so close, yet so far, 7/26/2021
  • Using Notarial Bonds as a Form of Security in the Financing of Renewable Energy Projects, 7/7/2021
  • Unpacking some principles of the new compensation dispensation in the 2020 Expropriation Bill, 3/8/2021
  • Unpacking the who, what and why of the Expropriation Bill, 1/28/2021
  • Reflecting on the phasing out of long-term exclusive lease provisions in South Africa, 1/6/2021
  • A common pitfall with renewal of leases: be careful to avoid an ‘agreement to agree’, 5/8/2020
Forest trees and mountain landscape with low clouds on a rainy day in Canada Bulletin Assessing key aspects of the new Expropriation Act The land reform debate over the last few years in South Africa can, at best, be described as controversial, political, and primarily emotional, specifically in the context of expropriation. The significant reactions to the President’s signing of the Expropriation Act[1] are unsurprising. Even though the President has signed the Expropriation Act, it has not yet been promulgated as to when the Expropriation Act or different provisions thereof will come into effect. Read more
aerial of suburban area Bulletin Supreme Court of Appeal places “life-rights” under the spotlight The development of residential estates has been a growing trend in the South African property market over the last few years. Read more
view looking up at tall buildings Bulletin Expropriation without compensation – it is not the end of the road and is still on the table In a significant development in the land reform debate, the National Assembly on 7 December 2021 failed to pass a resolution to amend the South African Constitution to specifically allow land expropriation without compensation. Read more
Forest trees and mountain landscape with low clouds on a rainy day in Canada Bulletin Assessing key aspects of the new Expropriation Act The land reform debate over the last few years in South Africa can, at best, be described as controversial, political, and primarily emotional, specifically in the context of expropriation. The significant reactions to the President’s signing of the Expropriation Act[1] are unsurprising. Even though the President has signed the Expropriation Act, it has not yet been promulgated as to when the Expropriation Act or different provisions thereof will come into effect. Read more
aerial of suburban area Bulletin Supreme Court of Appeal places “life-rights” under the spotlight The development of residential estates has been a growing trend in the South African property market over the last few years. Read more
view looking up at tall buildings Bulletin Expropriation without compensation – it is not the end of the road and is still on the table In a significant development in the land reform debate, the National Assembly on 7 December 2021 failed to pass a resolution to amend the South African Constitution to specifically allow land expropriation without compensation. Read more
electrical power lines Bulletin 100MW Electricity Generation Licence Exemption May Have Finally Been Given The Green Light After much anticipation, the amendments to Schedule 2 of the Electricity Regulation Act 4 of 2006 to increase the licensing threshold for self-generation facilities from 1MW to 100MW came into force on 12 August 2021. Read more
forest with clouds in the distance Bulletin The repeal of the Subdivision of Agricultural Land Act – so close, yet so far For many years, conveyancers, town planners, land surveyors and property developers have had to deal with issues surrounding the Subdivision of Agricultural Land Act 70 of 1970 (“SALA”). Read more
man checking solar panels Bulletin Using Notarial Bonds as a Form of Security in the Financing of Renewable Energy Projects The current energy crisis, the inaccessibility of electricity to rural and remote areas, and the issue of environmental degradation from an over-dependence on coal have led to a substantial increase in the share of renewable energy in the national energy mix over the last few years in South Afric... Read more

News

  • Seventeen Fasken Lawyers Recognized in the 2022 Edition of Best Lawyers in South Africa, 11/11/2021
  • Fasken “Recommended” by GCR 100 for the 8th Consecutive Year, 1/30/2020
  • Renewable Energy IPP Programme wins PFI Award, 3/1/2019
  • Iono.fm interviews Johan Coetzee in a report on implementation of land expropriation without compensation, 2/11/2019
  • Forty-Seven Partners and Eleven Practice Areas listed by IFLR 1000 Financial and Corporate 2017, 10/17/2017
Seventeen Fasken Lawyers Recognized in the 2022 Edition of Best Lawyers in South Africa Rankings & Recognitions Seventeen Fasken Lawyers Recognized in the 2022 Edition of Best Lawyers in South Africa The 2022 edition of Best Lawyers in South Africa has recognized 17 Fasken lawyers in 10 practice areas. Two lawyers have also been named “Lawyer of the Year.” Read more
Fasken “Recommended” by GCR 100 for the 8th Consecutive Year News Release | Rankings & Recognitions Fasken “Recommended” by GCR 100 for the 8th Consecutive Year Toronto (Canada) – Fasken has been recognized in the 20th edition of the GCR 100 for the eighth consecutive year. The guide, published by Global Competition Review, has provided a listing of the world’s top competition practices for two decades and features firms in more than 50 jurisdictions for... Read more
Renewable Energy IPP Programme wins PFI Award News Release | Rankings & Recognitions Renewable Energy IPP Programme wins PFI Award Fasken announces that the Renewable Energy IPP Programme (REIPPP 4) has won the Project Finance International 2018 African Programme of the Year Read more
Seventeen Fasken Lawyers Recognized in the 2022 Edition of Best Lawyers in South Africa Rankings & Recognitions Seventeen Fasken Lawyers Recognized in the 2022 Edition of Best Lawyers in South Africa The 2022 edition of Best Lawyers in South Africa has recognized 17 Fasken lawyers in 10 practice areas. Two lawyers have also been named “Lawyer of the Year.” Read more
Fasken “Recommended” by GCR 100 for the 8th Consecutive Year News Release | Rankings & Recognitions Fasken “Recommended” by GCR 100 for the 8th Consecutive Year Toronto (Canada) – Fasken has been recognized in the 20th edition of the GCR 100 for the eighth consecutive year. The guide, published by Global Competition Review, has provided a listing of the world’s top competition practices for two decades and features firms in more than 50 jurisdictions for... Read more
Renewable Energy IPP Programme wins PFI Award News Release | Rankings & Recognitions Renewable Energy IPP Programme wins PFI Award Fasken announces that the Renewable Energy IPP Programme (REIPPP 4) has won the Project Finance International 2018 African Programme of the Year Read more
MediaCoverage-1 Media Coverage Iono.fm interviews Johan Coetzee in a report on implementation of land expropriation without compensation “Law feature: some clarity on the implementation of land expropriation without compensation” with Michael Avery, iono.fm Read more
Forty-Seven Partners and Eleven Practice Areas listed by IFLR 1000 Financial and Corporate 2017 News Release | Rankings & Recognitions Forty-Seven Partners and Eleven Practice Areas listed by IFLR 1000 Financial and Corporate 2017 21 Highly Ranked Individuals and 10 Rising Stars are profiled Read more

Publications

  • Reflecting on the phasing out of long-term exclusive lease provisions in South Africa, 1/6/2021
  • A common pitfall with renewal of leases be careful to avoid an agreement to agree, 5/12/2020
  • The end of the road for the use of long-term exclusive lease agreements?, 3/1/2020
  • Competition law amendments: The buyer power and price discrimination provisions are now in effect in South Africa, 2/27/2020
  • The legal effect of the Commission’s Grocery Retail Market Inquiry Report, 8/1/2019
  • How will the Property Valuation Act fit into land reform legislation?, 7/1/2019
  • Investing and Conducting Business in South Africa, 5/1/2019
  • A new chapter for competition law, 3/1/2019
  • Law feature: some clarity on the implementation of land expropriation without compensation, 2/11/2019
  • Some clarity on the implementation of land expropriation without compensation, 2/1/2019
Article, Author Reflecting on the phasing out of long-term exclusive lease provisions in South Africa Competition Chronicle Read more
Bulletin, Co-Author A common pitfall with renewal of leases be careful to avoid an agreement to agree Polity Read more
Article, Author The end of the road for the use of long-term exclusive lease agreements? Without Prejudice