• Managing Partner, South Africa

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Inanda Greens, Building 2
54 Wierda Road West
Sandton
Johannesburg 2196
+27 11 586 6000
+27 11 586 6104/5 (fax)

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Fasken Martineau Expands in Africa

Fasken Martineau completes merger with leading South African law firm Bell Dewar

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Experience

Advising the lender of a PPP project with wth Department of Statistices South Africa
Advising the lenders of a 75MWAC photovoltaic solar power facility in Prieska, Northern Cape
Rockwell Damonds Incorporated acquires alluvial diamond properties and assicuated mining assets
Advising Vale SA on Statuary Instruments 33, 55 and 78 June 2013
A large power station contractor in dispute against a subcontractor for approximately R1 billion
Advising a power station contractor in dispute adjudication proceedings against the employer
Advising a large power station contractor in proceedings against a subcontractor in relation to welding defects for approximately R1 billion
Advising the bidder in a Private-Public-Partnership project with the Authority for the Government of Mauritius
Bapo Ba Mogale acquires 2.25% in Lonmin plc
Vale SA and African Rainbow Minerals Limited (ARM) joint venture June 2013
Royal Bafokeng Resources acquires majority of the Bafokeng Rasimone Platinum Mine Joint Venture December 2009
Advising Contractor in relation to the creation of a wind power generation project
Advising a rail rolling stock supplier on tender for approximately R50 billion
Admendments to Royal Bafokeng Nation's joint venture with Impala Platinum June 2013
Advising the lender in relation to the limited recourse financing of Optimum Coal Mine (Proprietary) Limited and the acquisition finance of strategic mining assets
Advising the lender to the bid for PPP with the Eastern Cape Department of Health
Advising a large power station contractor in damages claim for R480 million
Advised a large agricultural chemical manufacturer in High Court
Ownership rights and obligation of waste rock dumps June 2013
Royal Bafokeng Platinum raises R2.98 billion IPO November 2010
Defending urgent court proceedings under an NEC Contract
Adviding the borower in the financing of the relocaion of the Swazi pup and paper mill
Jien Canada Mining Ltd. Completes $100 Million Loan Agreement from Ressources Quebec April 2015
Advised Royal Bafokeng Nation on the corporate structuring of its commercial affairs
Successful in urgent court proceedings to interdict a claim against a performance bond
Sale of various mining rights June 2013
Royal Bafokeng Resources assumes control of the Bafokeng Rasimone Platminum Mine
ZAR3,7 billion refinancing of Bakwena Platinum Corridor Concessionaire (Proprietary) Limited’s debt facilities
Advising a large power station contractor in a dispute against a subcontractor in relation to a damages claim
Advising lead arrangers and lenders to the long term financing of Powercom (Propriety) Limited
Advised a large agricultural chemical manufacturer in High Court proceedings
ArcelorMIttal acquires Coza Mining
Advised the South African National Roads Agency in tender review applications
Advising a large power station contractor against a subcontractor in relation to welding defects for approximately R1 billion.
Colas SA acquires DAS Holdings in Nambia, Zambia and Botswana
Advising a power station contractor against the employer for approximately R800 million
Impala Platinum Holdings establishes Makgomo Chrome, its Corporate Social Investment Project
Advised the developers and borrower in the Khobab 140 MW Wind Farm, under the Renewable Energy Independent Power Producer Programme in South Africa February 2015
Advised the developers and borrower in the Loeriesfontein2 140 MW Wind Farm, under the Renewable Energy Independent Power Producer Programme in South Africa February 2015
Advised an American furnace manufacturer in respect of a claim for a furnace failure
Impala Platinum Holdings bids on Mvelaphanda Resources and Northam Platinum
Advised the developers and borrower in the Noupoort Wind 80 MW Farm, under the Renewable Energy Independent Power Producer Programme in South Africa February 2015
Impala Platinum proposes a joint venture and acquisition of prospecting rights
Advised one of the operators of national toll roads on construction related disputes
Impala Platinum incorporates Impala Chrome
Advised a major mining company in regard to a dispute arising from the implementation of mining legislation
Advised the lenders on the ACWA Power Solafrica Bokpoort 50 MWe Parabolic Trough CSP Power Plant and 9.3 hr storage facility, under the Renewable Energy Independent Power Producer Programme in South Africa June 2013
Advised the EPC Contractor on the supply of turbines to the Medupi Thermal Coal-Fired Power Station in South Africa May 2007
Advised the EPC Contractor on the supply of turbines to the Kusile Thermal Coal-Fired Power Station in South Africa May 2007
Advised the Lenders on the restructuring and sale of a majority interest in Kelvin Power Station, a Thermal Coal-Fired Power Station in South Africa April 2013
Impala Platiumum Sets Limited up Employee trust
Advised the EPC contractor for the construction of a 100 MW Gas Engine Power Station in Mozambique October 2014
Advised the Lenders to the DoE IPP OCGT 1005MW Peaking Power Project Avon Peaking Power and Dedisa Peaking Power in South Africa July 2013
Advised the developers and borrower in the Jeffrey's Bay Wind Farm 138 MW, under the Renewable Energy Independent Power Producer Programme in South Africa December 2012
Disposal of equity
Disposal of business
Advised the developers and borrower in the Droogfontein 50 MW Solar PV Farm, under the Renewable Energy Independent Power Producer Programme in South Africa November 2012
Advised the International Finance Corporation and the Government of Mozambique in connection with the US$123 million tender of an exploration concession for the Moatize coal project in Mozambique January 2004
Advised the Duferco Group, a Swiss steel and trading group, on all aspects of its acquisition of the vanadium business of Highveld Steel and Vanadium Corporation in South Africa from Evraz January 2009
Advised the developers and borrower in the De Aar Solar 50 MW PV Farm, under the Renewable Energy Independent Power Producer Programme in South Africa November 2012
Advising the Lenders in relation to the provision of a guarantee facility and the implementation of a new security structure for the debt facilities made available to Mozambique Transmission Company SARL, a company incorporated in Mozambique and involved December 2006
Advising the developer of a Thermal Coal-Fired Power Station in respect of the long-term Coal Off-take Agreements August 2013
Advising the EPC contractor in respect of the construction of the King Shaka International Airport May 2007
Advising the lender in relation to the ZAR1,2 billion limited recourse financing of Optimum Coal Mine (Proprietary) Limited and the acquisition finance of strategic mining assets November 2007
Advised the EPC contractor for the construction of a 100 MW Gas Engine Power Station in Mozambique
Advising and representing a major pension fund in connection with various complaints made to the Pension Funds Adjudicator.
Advising a client with regards to outsourcing of services, the application of the Labour Relations Act to the transaction, and employment issues that arose therefrom. June 2014
Reviewing arbitration award in the Labour Court for an employer in respect of an employee who was dismissed for being absent without leave to attend a training to become a sangoma. June 2014
Representing an employer before the CCMA in respect of a dispute relating to whether a person is an employee or an independent contractor. June 2014
Turkcell’s $4.2 billion lawsuit against MTN
High profile Sunday Times case with regards to the Ministry of Health
Corporatisation of traditional community
Advising and representing the Multi-Linked Umbrella Pension and Provident Funds. July 2011
Pacific Road Capital and Resource Capital invest US$100 million in Firestone Diamonds May 2014
Assmang’s conditional subscription for a 19.9% interest in IronRidge April 2014
Investec Bank Limited has provided a ZAR350 million debt term loan facility January 2014
Advising contractors on issues relating to labour unrest at the Medupi power station December 2013
Enforcing restraint of trade agreement in the Labour Court. December 2013
Advising a number of funds and individuals in connection with various issues December 2013
Enforcing restraint of trade agreement in the High Court December 2013
ZAR9 billion restructuring of a local group of companies
Keeley Granite (Pty) Ltd completes disposal of issued share capital
Weatherly International PLC secures US$91 million loan to fund development of Tschudi copper mine in Namibia as owned by its subsidiary Ongopolo Mining Limited October 2013
Investec Bank Limited has provided a term loan facility October 2013
Insolvency of First Strut Group of Companies - the biggest corporate insolvency in South African history
Insolvency of First Strut Group of Companies - the biggest corporate insolvency in South African history -including Cosira, a subcontractor on the crucial Medupi and Kusile Power Stations
IPP Peaking Power Generation Projects – The financing of the 1,005MW greenfield open cycle gas turbine facilities in KwaZulu-Natal and Eastern Cape. July 2013
Renewable Energy Independent Power Producer Procurement Programme – The financing of the 10 MW Hydro Power Generation Facility in Kakamas, Northern Cape June 2013
Renewable Energy Independent Power Producer Procurement Programme – The financing of the 50 MW CSP Power Generation Facility in Bokpoort, Northern Cape June 2013
Renewable Energy Independent Power Producer Procurement Programme – The financing of the 94 MW West Coast One Wind Power Generation Facility in Western Cape. June 2013
Cupric Canyon Capital LLC completes arrangement with Hana Mining February 2013
Witsgold acquires South African mining company, Southgold Explorations, out of business rescue for ZAR407 million
Lafarge South African Holdings (Pty) Ltd completed restructure and disposal of shares
Majoli Enterprises (Pty) Ltd completes joint venture transaction
Assisted in the due diligence of mining assets located in Botswana August 2012
Acting for AngloGold Ashanti Limited during the company-wide strike action. July 2012
Impact of Indigenisation and Economic Empowerment in Zimbabwe June 2012
Great Basin Gold closes public offering of units for gross proceeds of $57.5 million April 2012
Fasken Martineau advises Vale S.A regarding the impact of Zimbabwe’s indigenisation and economic empowerment legislation April 2012
Advised and represented on South African state-owned electricity utility Eskom Holdings' US$1.75 billion international bond offer February 2012
Advised and represented Chevron International Pte Ltd in connection with the sale of its downstream assets in seven sub-Saharan Africa and Indian Ocean Island countries February 2012
Represented with Receiver of Wextrust Capital LLP, an American company, in recovering US$40 million which was wrongfully misappropriated in a massive ponzi scheme involving entities from the US, South Africa and Namibia February 2012
Advised Eskom Holdings Limited, South Africa's national, vertically integrated electricity utility, on regulatory and compliance work February 2012
Prepared the requisite documentation on behalf of Anglo Pacific Group Plc in relation to the royalty agreement it entered into with London Mining and its wholly-owned subsidiary, London Mining Greenland A/S, a transaction valued at approximately US$30m February 2012
Counsel to SMA Solar Technology AG on social sustainability January 2012
Fasken Martineau advises International Finance Corporation January 2012
AIM listed Fluormin Plc acquires the share capital of JSE listed Sallies Limited
AIM listed Fluormin plc acquires the share capital of JSE listed Sallies Limited December 2011
Advised a major shareholder of MTN Limited on issues arising out of the Securities Regulation Panel Code on Takeovers and Mergers in the proposed merger between Bharti Airtel and MTN Limited which had an estimated value of US$23 Billion January 2011
Fasken Martineau advises joint venture shareholders on renewable energy projects November 2011
Advised on and drafted corporate governance policies for cement company preparing for IPO November 2011
Fluormin Plc acquires Sallies Limited October 2011
Advised, represented and conducted due diligence on behalf of a UK company and its wholly owned subsidiary in relation to the acquisition by the wholly owned subsidiary of the entire issued share capital of a South African company September 2011
Prepared the requisite documentation on behalf of UK investment firm Yorkville Advisors LLC in relation to the standby equity distribution agreement in entered into with SacOil Holdings Limited, a transaction valued at approximately US$25 million September 2011
Advised and represented Ellis Park World of Sport (Pty) Ltd, a well known stadium in Johannesburg, South Africa September 2011
Advised Bradken, an Australian leading global supplier of differentiated consumable and capital products to international markets, in establishing a presence in South Africa as well as assisting it with its licensing, BEE structuring and BEE scoring September 2011
Advised and represented the Royal Embassy of Saudi Arabia in South Africa September 2011
Vale S.A. enters into joint venture in respect of the Konkola North copper project, Zambia September 2011
Fluormin plc disposes of its Tunisian assets and admits to trading on AIM August 2011
Lead attorney in the matter of AUSA obo Barnes v South African Airways, which has defined the law in relation to second generation outsourcing transactions. July 2011
Corporatisation of the affairs of Bakwena Ba Mogopa traditional community June 2011
Acquisition by Bakwena ba Mogopa traditional community of 26% of the Xstrata Rhovan (now Glencore Xstrata Rhovan) business June 2011
Vale makes US$1.1 billion cash offer for Metorex April 2011
Great Basin Gold closes $86 million bought deal offering of common shares February 2011
Loncor closes $20 million private placement financing February 2011
Uranium One enters into option agreement to acquire Mantra Resources from ARMZ, valuing Mantra at A$1.2 billion December 2010
Advised a multinational petroleum company in relation to the disposal of its downstream assets in Tanzania, Namibia, Zambia, Malawi, Zimbabwe and Botswana October 2010
MTN Limited enters into a Pre-Paid Forward and Swap transaction with a major local bank September 2010
HAWKS arrest Sunday Times journalist August 2010
Chinese telecommunications company bids to supply a leading mobile network operator with equipment August 2010
Vanchem Vanadium Products (Pty) Ltd acquires a South African BEE controlled mining company July 2010
Platmin completes US$385 million equity and debenture offering May 2010
Wesizwe acquires 26% of the Western Bushveld Joint Venture April 2010
The constitutionality of amendments to the Road Accident Fund Act 19 of 2005 March 2010
Wilderness Safaris Holdings Limited – Dual listing in RSA and Botswana March 2010
Petra Diamonds placing raises US$120 million January 2010
AngloGold Ashanti acquires 50% interest in Moto Goldmines for US$248 million October 2009
Firebird Global Master Income Fund completes takeover bid of Sallies Limited and increases interest to 74% October 2009
MTN Limited’s shareholder advised on the Securities Regulation Panel Code – Takeovers and Mergers August 2009
Bridge financing and long term financing of Neotel (Proprietary) Limited July 2009
Platmin closes $69 million private placement May 2009
First Quantum Minerals completes $345 million overnight marketed public offering April 2009
Teal completes plan of arrangement with ARM and Vale March 2009
Great Basin Gold completes $149.5 million equity financing March 2009
Advised the International Finance Corporation in connection with proposals and structuring advice for the establishment of a state owned vehicle by the Government of Mongolia to hold government interests in strategic mining deposits in Mongolia January 2009
Banro closes US$21 million financing September 2008
Orezone Essakane debt facility increased and approved at US$330 million August 2008
TEAL finalises US$85 million loan facility agreement July 2008
Moydow Mines and Gondwana sell Port Loko bauxite interests for cash and deferred consideration July 2008
Standard Bank of South Africa provides bridge loan financing facility for Platmin's Pilanesberg Platinum Mines project May 2008
European Goldfields finalises joint venture with Ariana Resources April 2008
BRC Diamond completes combination with Diamond Core and starts trading on the TSX and JSE February 2008
Platmin completes $80.75 million offering of common shares December 2007
International Investment bank advised on the acquisition the issued share capital of the JSE listed gambling and hospitality companies November 2007
Multinational logistics and transportation company disposes of US$40 million November 2007
TEAL announces joint venture with EVI Mining in Namibia October 2007
Semafo concludes Mana gold project mining convention in Burkina Faso October 2007
Mwana Africa announces completion of takeover bid for SouthernEra Diamonds September 2007
Financing of Seacom Ltd July 2007
Wesizwe Platinum acquires Africa Wide Mineral for CDN$103 million April 2007
Great Basin Gold completes C$149.5 million financing April 2007
First Uranium completes C$203 million initial public offering December 2006
Platmin completes $52.3 million initial public offering and dual listing August 2006
TEAL Exploration & Mining acquires furnace with capacity to produce 5,000 tonnes of copper per annum in the DRC July 2006
The landmark Constitutional Court decision of Cosatu and Another v Rustenburg Platinum Mines Limited and Others July 2006
Banro Corporation completes $56 million offering May 2006
Eastern Platinum completes $150 million private placement March 2006
TEAL Exploration & Mining completes $42.5 million initial public offering November 2005
Counsel to Union Carbide Southern Africa in relation to prospecting rights January 2002
Suspension of the General Secretary of Cosatu June 2014
Offer by Wits Gold to acquire the Burnstone gold mine in South Africa from Southgold Exploration (Pty) Ltd.
Counsel to Union Carbide Southern Africa in relation to tailings dumps
Counsel to Trans African Concessions on environmental legislation
Represented South African National Roads Agency Limited with respect to construction of the Wild Coast Toll Road
Advised South African National Roads Agency Limited on environmental impact of construction
Negotiation of a Lease Agreement in respect of the Anglo Platinum Limited Mogalakwena Mine, Limpopo Province, South Africa
Bakwena Ba Mogopa community concludes a black economic-empowerment (BEE) transaction with Xstrata Alloys (now known as Glencore) February 2011
Counsel on matter of iron ore prospecting rights
Prosthesis manufacturer recalls hip replacement products
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