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mining law expertise

credible difference

We are legal experts in insolvency, restructuring and business rescue in Africa, with particular expertise in complex cross-border work. Over the past 185 years, we have been called in to assist in most major corporate collapses and restructurings on the continent.

 

AWARD‑WINNING
TEAM
PROVEN
TRACK RECORD
PROACTIVE
APPROACH
AFRICAN
FOOTPRINT
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Award-winning team

We have been named the Restructuring Team of the Year at the African Legal Awards and we are consistently ranked in Band 1 for Restructuring/Insolvency by leading international legal ranking agency Chambers Global Guide, which notes that we are “widely praised as the pre-eminent firm in the market” and describes us as having “phenomenal restructuring capabilities” and “a highly skilled business rescue and insolvency practice, with a deep bench and resources”.

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Proven track record

We are at the cutting edge of developing insolvency, restructuring and business rescue law in Africa, and have been involved in the largest and most high profile matters on the continent since the introduction of business rescue.

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Proactive approach

We believe in being proactive and therefore we focus on minimising loss, maximising returns and assisting clients throughout Africa to manage financial risk and exposure.

When insolvency is inevitable, we have the expertise to develop and implement effective recovery strategies for viable business activities, while also maximising returns for creditors.

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African footprint

Multi-jurisdictional businesses face significant risks, as well as the challenge of complying with vastly different laws and regulations.

We are Africa’s largest law firm, with offices in Eastern, Southern and Western Africa. With more than 600 specialist practitioners, we have deep expertise and the capacity to solve all your legal, tax, forensics and IP requirements, and help you navigate regulatory hurdles, no matter where in Africa you do business.

Because we have had many years of practical experience working on the ground throughout the continent, we have developed a proven track record and a solid understanding of local cultural, commercial and geopolitical contexts, as well as long-standing partnerships with trusted firms with whom we work.

the firm demonstrates comprehensive expertise covering debt recovery, securities enforcement, accelerated M&A and financial restructuring
Chambers Global Guide
mining law team

team

mining law accolades

awards and rankings

ENS is recognised by leading international ranking agencies, including Chambers Global, Legal 500, IFLR1000 and the World Tax Guide, for achieving consistently high standards.

Furthermore, the firm is a regular recipient of regional awards such as DealMakers and the African Legal Awards, where we have won the Restructuring Team of the Year Award.

Chambers GlobalLegal 500IFLR1000Dealmaker Awards
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ENS houses a highly skilled business rescue and insolvency practice, with a deep bench and resources
Chambers Global Guide
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widely praised as the pre-eminent firm in the market
Chambers Global Guide
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phenomenal restructuring capabilities
Chambers Global Guide
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they are very thorough and their drafting skills are exceptional
Chambers Global Guide
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exceptional turnaround
IFLR1000
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mining law offering

expertise

Administrations Audits Business 
rescue
Constitutional 
litigation
Corporate 
restructuring
Debt 
recovery
Debt 
restructuring
Employee 
fraud
Enforcement 
of securities
Forensic 
investigations
Insolvency 
due diligence
Insolvency 
litigation
Interrogations Liquidations Receiverships Restructuring Risk 
management
Schemes of 
arrangement
Securitisation Viability 
assessments
Voidable 
transactions
mining law experience mining law experience

experience

RESTRUCTURING
Represented a government-owned agricultural development bank in South Africa in the negotiations, development, and ultimate implementation of a restructuring solution with the lenders to the bank.
BUSINESS RESCUE
Represented a Consortium of international investors in a South African-based airline who acquired the shares in the airline through a business rescue plan with the intention of thereafter delisting the airline as a listed Company.
RESTRUCTURING
Advised the national development finance institution on all aspects relating to the enforcement of its securities and the validity thereof and in addition, advising on South African and Ugandan legal issues and the possible restructuring of the hotel facilities and commencement of administration proceedings.
RECOVERY
Assisted a South African-based financial services group in recovering, in the short term, EUR4 million recovery of the balance of the outstanding amount owed by a telecommunications provider in relation to its South African operations. Currently assisting the financial services groups’ Kenyan and Zambian operations with their recovery in the Italian restructuring proceedings.
RECOVERY
Assisted the liquidators of a UK-based PAYE umbrella company and an independent London Law Firm with the recovery of assets which involved a massive tax fraud committed in the UK to the value of R850 million. The money was used inter alia to acquire assets in South Africa.
BUSINESS RESCUE
Advised a South African based vertically integrated iron ore, steel and vanadium slag producer on all aspects arising from, and relating to, the business rescue process and continued throughout the implementation of the provisions of the business rescue plan.
RESTRUCTURING
Represented a South African financial services group in the restructuring and business rescue of a JSE-listed real estate and investment trust.
RESTRUCTURING
Represented a South African financial services group in the restructuring and business rescue of a KZN-based agriculture and agri-processing business.
BUSINESS RESCUE
Represented the flag carrier of South Africa prior to going into business rescue and advised and guided the carrier and the board through the period leading up to business rescue. ENS continued to advise the carrier once they were placed in business rescue.
BUSINESS RESCUE
Advised South Africa’s largest clothing and footwear retailer and the business rescue practitioner/s on all aspects arising from and relating to the business rescue process and continued throughout the implementation of the provisions of the business rescue plan.
RESTRUCTURING
Represented the Lenders in the restructuring of a Botswana multinational grocery and general merchandise retailer including its loss making SA operations including the disposal of the South African operations by the retailer.
BUSINESS RESCUE
Advised on a matter which involved opposing interdicts for the major creditor, a renewable independent power producer, whom we represented to prevent the liquidators from selling the shares held by the Company in liquidation although there was a resolution by creditors authorising and mandating the liquidators to sell the shareholding.
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