Experts in advising on ESG bonds in South Africa and offshore, and we have represented clients in listing ESG bonds and advising on sustainable bond issuances.
Leaders in the development of ESG policies for various corporates and participants in the financial services sector. Expert and highly specialised policy review advice to Africa’s largest asset manager, ensuring their ESG framework and related ESG operational policies are best of breed and in line with international best practice.
Experienced lender and borrower counsel for raising and securing syndicated sustainability-linked borrowing base facilities, sustainability-linked real estate facilities and green loans. We have acted as lead counsel regarding a sustainability-linked loan for a borrower operating across several African jurisdictions, and lead lender counsel in a sustainability-linked loan for a South African corporate.
GOVERNANCE AND LAW REFORM
Extensive expertise on ESG in the extractives sector in numerous African jurisdictions. Advice for various African Governments regarding reform of mining, petroleum and environmental laws, including standardisation of key policy, legal and regulatory documents; the development of mining and petroleum sector toolkits, including operational guidelines, standard documents and model agreements; and the provision of capacity building services and workshops.
Our experience extends to benchmarking against international best practice and equipping governments and companies in the extractives sector to negotiate optimal agreements and arrangements.
Strategic advisers for the growth and development of economies through legal instruments in the extractives sector to promote sustainable, and long-term growth
Our practitioners have a current and detailed knowledge of the evolving international climate change policy arena, carbon market legislation as well as Climate Change regulation and policy development. ENSafrica has assisted clients in South Africa in submitting detailed comments on the proposed Climate Change Bill.
Advice regarding a feasibility study within the scope of Namibia’s Southern Corridor Development Initiative (SCDI) which plans to grow a significant green hydrogen production industry in the Tsau-Khaeb Sperrgebiet National Park, including a fully integrated green hydrogen production and export facility, with an estimated capacity of 300 000 metric tons of green hydrogen.
Advised multiple, international independent power producers during the bidding process of the biggest national Independent Power Producer program in Africa, namely the Renewable Energy Independent Power Producers Procurement Programme (“REIPPPP”). The REIPPP Programme is critical to South Africa’s transition to a low carbon economy.
We have also advised participants in the Namibia Renewable Energy Feed-In Tariff programme. Advice regarding the development of the first biomass power station in Namibia which will produce electricity fuelled by encroacher bush. Advice regarding a 5 MW photovoltaic solar plant to be developed in Namibia, with licences under the Namibia Renewable Energy Feed-In Tariff programme.
Expert advice in respect of shareholder, lender and holding company liability as well as risk of director liability and liability for prescribed officers for the acts and omissions of companies. Advice in respect of all aspects of environmental law. Engagement with the regulator and appearance in environmental tribunals for environmental related infringements. Regulatory advice in respect of cradle-to-grave waste related obligations and extended producer responsibility.
Disaster mitigation advice for a city in South Africa during acute water shortages after three years of drought, including water law considerations and proposed extreme measures to be implemented in the event of “day zero”.
BIODIVERSITY AND ECO-CONSERVATION
Acquisition of a Namibian private game reserve with the greatest biodiversity outside of the Etosha National Park. Part of a team of advisors to develop an innovative financing strategy to provide a nature-positive investment approach that uplifts the biodiversity, carbon and nature components of the Greater Kruger Landscape, while also uplifting communities and reducing poverty through compatible enterprises. We are part of the project team advising private investors regarding investments in flagship eco-conservation areas such as the Timbavati Private Nature Reserve, the Sabi Sands Game Reserve, the Singita Game Reserve and other wildlife areas developed and/or managed by the Singita group.
CAPACITY BUILDING AND ESG TRAINING
Participating in the African Loan Markets Association regional think tank re developing guidance for the market in deploying sustainable finance instruments. We have also been mandated in the financial services industry to provide capacity building and training to transactors deploying and negotiating sustainable finance instruments. We have also trained the board of a large petrochemical company on fiduciary duties in respect of material ESG considerations.
Lead drafters in compiling a first-of-its-kind Toolkit on Local Development and Community Engagement in Africa for the World Bank, in partnership with the Africa Mining Legislation Atlas and African Legal Support Facility, for use by various African Governments for the reform of mining and environmental laws.
We have advised in the structuring of a platform for the scaling of regenerative agricultural projects in South Africa to allow for financial benefits to be realised arising from the issuance of carbon credits and have prepared the related co-management agreements. Through our network of carbon market experts, we have been responsible for some of the most significant climate and carbon legal work in Southern Africa, including the full range of climate change, carbon market and strategic advice to the public and private sectors.
Carbon tax advice in respect of a Johannesburg electricity distributer’s power purchase agreement with a power station, and the sale of carbon credits.
BUSINESS AND HUMAN RIGHTS
Advice in respect of human rights, including providing pro bono assistance to an international law firm regarding the South African section of a project co-ordinating a global mapping survey to determine which countries recognise the human right to a healthy environment.
Advice for various mining companies in South Africa in respect of Mining Charter Compliance, as well as Broad-Based Black Economic Empowerment in the mining sector.
Representing whistle-blowers and affected parties in exposing corruption, including a fact-finding review into allegations of corruption at a subsidiary of a listed South African IT firm, as well as advising re governance and compliance across the rest of that group.
Extensive experience in anti-bribery compliance for various firms across Africa, including anti-corruption compliance support, compliance advice, fact-finding investigations, due diligence screening, risk assessments, remediation and control review, control enhancements, training and monitoring to ensure compliance and prevent corporate crime.