ENSafrica has a well-established India practice group, with many years of experience in facilitating the entry and expansion of Indian corporates on the African continent, as well as facilitating foreign investment by African corporates into India.

Our expertise spans all levels of transactions, including complex multi-jurisdictional projects, joint ventures, private equity and investment funds, infrastructure development and finance, local ownership structuring and the establishment of start-up businesses.

Divergent cultures, business landscapes, political environments and regulatory and statutory legislation across Africa can make cross-border business ventures challenging. It is by providing personalised advice regarding the risks and opportunities, as well as by ensuring that every aspect of your cross-border transaction is optimised, that we are able to contribute proactively to maximising your investment returns.

Our dedicated India practice group has developed close relationships with leading law firms in India. Whether working hand-in-hand with your trusted advisor or assisting you directly, we have the local know-how and experience to assist Indian clients across Africa.

Our services do not stop once the initial stage of your investment into Africa or India is concluded. We accompany you throughout the life of your investment, whether in joint venture relationships, dispute resolution, litigation or the restructuring and re-organisation of your businesses.

Our key differentiator is that we have the unique advantage, as part of Africa’s largest law firm, of being able to harness the expertise of more than 600 practitioners throughout the continent. ENSafrica has a significant breadth and depth of experience and specialist expertise that spans all commercial areas of law, tax, forensics and IP.

As such, we regularly partner with specialists across the firm, meaning that we are able to assist with all aspects of all matters across all sectors in all African jurisdictions, ensuring that your legal requirements are handled quickly and seamlessly.

Our South African and Mauritian offices form a crucial part of our India offering.

South Africa and India share a long trade history that has been strengthened as a result of their joint participation in the Brazil, Russia, India, China and South Africa (BRICS) alliance. Within this context, we are in regular contact with the South African Department of Trade and Industry, the Indian consular offices in South Africa and the Confederation of Indian Industry to facilitate the creation of an environment conducive to the growth of investments by Indian corporates throughout Africa.

Mauritius is an important strategic partner for African-Asian-Indian trade and business development into, and out of, Africa. Mauritius was the first country to re-negotiate its double taxation avoidance agreement with India, and it remains the largest direct foreign investor into India.

With nearly 70% of the population being Indo-Mauritian, Mauritius has deep roots in India. As such, we understand the key political, economic, regulatory and legal issues associated with doing business in India, as well as its culture, religious beliefs and social customs.

Mauritius’s strategic location, skilled workforce, excellent telecommunications capabilities, African market access, preferential trade access to economic areas of the European Union and the United States of America, as well as its extensive network of double taxation treaties and investment promotion and protection agreements, make it the best platform for investing in the African continent, offering you a wide range of vehicles for your cross-border transactions.

what we offer

We offer a comprehensive scope of services in a broad range of areas and disciplines, including:

  • banking and finance
  • broad-based black economic empowerment (South Africa)
  • business and investment structuring
  • civil litigation and dispute resolution
  • company formations
  • construction and engineering
  • corporate commercial advice, including in relation to M&A, listings, and corporate formation and structuring (such as joint ventures and alliances)
  • customs and excise
  • due diligence
  • employment law
  • environmental law
  • fiduciary services of special purpose investment holdings or operational companies and trusts (including secretarial, directorship, accounting and management)
  • forensic investigations (including anti-corruption/bribery checks)
  • general regulatory advice and compliance
  • identifying local partners
  • immigration (including work permits and visas)
  • infrastructure projects and project finance
  • insolvency law
  • international tax structuring (including advising on double taxation agreements)
  • IP registrations and licences
  • local ownership and indigenisation matters
  • mining law
  • tax and employee registrations

Some of the key industries and areas in which we advise extensively include agriculture, automotive, aviation, banking and finance, construction, energy, IT, fiduciary services, hospitality, mining, pharmaceuticals, shipping, ports and logistics, and telecommunications.

ENSafrica’s India practice group has many years of experience in facilitating the entry and expansion of Indian companies on the African continent and assisting with investment by African companies into India
— India Business Law Journal 2018

experiENS

Acquisition
Acquisition of Rio Tinto’s coal mining operations in Mozambique by International Coal Ventures, an Indian Government joint venture comprising Steel Authority of India, Coal India, Rashtriya Ispat Nigam, National Minerals Development Corporation and National Thermal Power Corporation.
ZAR196-million
ZAR196-million acquisition by Santam of a participatory interest in Sanlam’s interest in Shriram General Insurance Company (India).
USD5.6-million
USD5.6-million sale of 10% of WNS South Africa to a trust for the benefit of black employees, as part of a broad-based black economic empowerment transaction by WNS Global Services.
Acquisition
Acquisition by Dabur’s South African subsidiary of D&A Cosmetics and Atlanta Body and Health Products, whose Long & Lasting brand offers a range of haircare products to African consumers.
Distribution channels
Distribution channels developed for Tata Motors in Ghana, South Africa, Uganda and Zimbabwe.
Acquisition
Acquisition by CIPLA (India) of 100% of the ordinary shares of CIPLA Medpro South Africa.
Power operations
Power operations established by Tata Power in South Africa and Zambia.
Business rescue
Business rescue proceedings of Tata Steel’s South African operations.
Hotel construction
Hotel construction and operation of the Taj Cape Town by Taj Hotels.
Establishment
Establishment of the South African operations of ICICI Bank.

contact

Mohamed Sajid Darsot

executive
mdarsot@ENSafrica.com

Sanjay Kassen

executive
skassen@ENSafrica.com

Thierry Koenig

executive
tkoenig@ENSafrica.com

expertise

expertise

African regulatory and business intelligence
agribusiness
Asia
aviation
banking and finance
Broad-based black economic empowerment (B-BBEE)
competition/antitrust
corporate commercial
dispute resolution
employment
environment
fiduciary
fintech
forensics
immigration
India
insolvency, business rescue and debt recovery
insurance
intellectual property (IP)
intelligENS
mine and occupational health and safety
mining
private clients
private equity
pro bono and corporate social investment
project development and project finance
real estate / property
shipping, ports and logistics
tax
technology, media and telecommunications