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 jcoetzee@fasken.com

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.

Achievements

Best Lawyers, Best Lawyers 2022 to 2023
IFLR1000 , IFLR 1000 2020 to 2022
Leading lawyer in the field of Competition Law, IFLR 1000 2015 to 2021

Best Lawyers Publication name with laurels

2022 to 2023 Best Lawyers Best Lawyers Recognised by Best Lawyers in the field of Corporate Law

2020 to 2022 IFLR 1000 IFLR1000 Recognised by IFLR as highly regarded in the area of Competition.

2015 to 2021 IFLR 1000 Leading lawyer in the field of Competition Law

Client Work

CPV 1 Touwsrivier solar plant refinancing,
Advised Lenders in relation to the portfolio financing of five wind energy projects,
Acting for a large religious institution and related public benefit organisations, Ongoing since November 2020
Enel,
Legal Advisor in relation to the financing, construction, operation and maintenance of the following four projects to be undertaken by BioTherm Energy Proprietary Limited,
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,
Attending to property aspects of due diligence investigations,
Advising international bank on renewal of commercial office lease with landlord,

Deal July 2022 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 November 2020 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 Ongoing since November 2020 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 July 2018 Advised Nedbank Limited, ABSA Bank Limited Enel 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

Deal Advised Confidential Advising international bank on renewal of commercial office lease with landlord Advising international bank on renewal of commercial office lease with landlord. Read more

All Client Work

Career & Education

Education

Certificate, Competition Law University of Witwatersrand 2011
Higher Diploma, Tax Law University of Johannesburg 1991
LLM, Corporate Law University of South Africa 1991
LLB University of Pretoria 1982
BLC University of Pretoria 1980

Community involvement

Johan has acted for more than 15 years as a specialist and senior examiner and moderator for the attorneys’ entrance examinations administered by the Legal Practice Council (formally the Law Society of the Northern Provinces).