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corporate commercial

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Very strong, skilled and experienced commercial team giving efficient support in mergers and acquisitions activity. Seamless collaboration across the various expert practice areas within the firm to deliver an outstanding client experience. In particular, the collaboration between the commercial practice team and the competition team has especially been world class
IFLR 1000, 2019

ENSafrica’s dedicated corporate commercial team is the largest in Africa and services leading clients across the full spectrum of business mergers and major deals on the continent.

We have the capacity to work simultaneously on many substantial M&A deals, in addition to medium and small transactions.

Our key differentiator is our deep expertise and extensive experience in advising on the legal aspects of doing business in Africa, through our in-depth knowledge of the complexities and nuances of the legal and regulatory frameworks in each country, and across borders.

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.

By adding financial, tax, competition, regulatory and employment law expertise to our offering, we have become known for our value-generating role in corporate restructuring and commercial contracts in industries as varied as mining, energy, retail and telecommunications. 

Our wide range of clients from the public and private sectors includes large listed companies, multinational corporations, international agencies, state-owned enterprises, government departments and non-governmental organisations.

what we offer

We provide a broad range of corporate commercial and transactional services, including:

  • 2008 Companies Act and the King Reports on Corporate Governance (South Africa)
  • broad-based black economic empowerment (South Africa)
  • capital markets
  • company / business sales and purchases
  • corporate formations and structuring
  • corporate restructuring
  • drafting, negotiating and reviewing all forms of commercial and business contracts
  • due diligence investigations (corporate, commercial and human resources)
  • duties and responsibilities of directors and officers, and other corporate governance aspects
  • general commercial advisory
  • guidance in engaging the statutory and regulatory environments affecting listed public and other companies
  • joint ventures
  • legal compliance
  • management buy-outs
  • M&A
  • private equity and venture capital
  • privatisations
  • schemes of arrangement
  • share incentive schemes
  • stock exchange listings, de-listings and continued compliance, including dual listing regulations
  • takeovers
  • trade agreements

experience

USD203.9-million
disposal by global energy giant Engen of its operations in nine countries in sub-Saharan Africa.
Acquisition
by Investec Asset Management and RMB Ventures Seven of 72% of shares in Kamoso Distribution which were owned by Standard Chartered Private Equity and Development Capital Partners. This deal was shortlisted for the 2017 Dealmakers Private Equity Deal of the Year Award.
USD2.5-billion
acquisition of the Stillwater Mining Company in the United States of America by South Africa’s Sibanye Gold, transforming it into a global mining giant. This deal won the 2016 DealMakers Deal of the Year Award.
ZAR38.8-billion
restructure of the Distell Group’s multi-tiered ownership and Capevin’s interest in Distell.
ZAR11.9-billion
disposal of Unilever South Africa’s margarine and spreads business in Southern Africa (Botswana, Eswatini, Lesotho, Namibia and South Africa) to Remgro’s nominee entity, KKR.
USD1.05-billion
acquisition by Sanlam Emerging Markets (Ireland), via a subsidiary joint venture with insurer Santam, of Moroccan financial services holding company Saham S.A. and Saham Finances S.A., which operates in 33 countries across Africa, Europe and the Middle East, with merger notifications in numerous countries.
ZAR35-billion
acquisition by the Vodacom Group of a 34.94% stake in East African telecommunications operator Safaricom. This deal won the 2017 DealMakers Deal of the Year Award.
ZAR52-billion
divestment of Absa from Barclays by Barclays Bank plc, involving Botswana, Ghana, Kenya, Mauritius, Mozambique, Namibia, Nigeria, Seychelles, South Africa, Tanzania, Uganda, the United Kingdom and Zambia.
ZAR21-billion
broad-based black economic empowerment ownership scheme by Sasol and Sasol South Africa.
USD300-million
disposal of South African assets by AngloGold Ashanti to Coreland Property Investment Company, a wholly-owned subsidiary of Harmony Gold Mining Company.