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credible difference

We are legal experts in real estate and property in Africa, with particular experience in advising on property developments and projects, including establishment of new developments and resorts, land restitution claims, energy projects, and contractual issues.

 

PROVEN TRACK
RECORD
PROACTIVE
APPROACH
AFRICAN
FOOTPRINT
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Proven track record

We handle a wide variety of real estate transactions and our strong track record of working on some of the most high-profile and innovative real estate matters, allowing us to bring solutions that add value at all stages of property investments and development transactions.

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Proactive approach

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

When property transactions in Africa and beyond become increasingly complex due the detail of local laws and to changes in legislation, multi-party foreign investment and cross-border sales and purchases, our property and real estate team, working where necessary with other specialist teams in our offices, is able to provide practical and commercial advice which is always solution-driven, while maximising returns for clients.

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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 reason we chose ENS was due to its breadth. The firm sources the best skills for the problem and there is little ego at play. It has been impressive to work with them.
Chambers Global Guide
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your team

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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 Property and Construction Team of the Year.

Chambers GlobalLegal 500IFLR1000Dealmaker Awards
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well versed in handling general real estate issues as well as those related to the commercial, industrial, residential and retail sectors
Chambers Global Guide
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services an array of international clients, particularly those from the banking and finance sector
Chambers Global Guide
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client centric approach, excellent communication and good knowledge sharing
Legal 500 EMEA Guide
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hands-on, proactive approach and keeps the client informed of the process.
Legal 500 EMEA Guide
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excellent property knowledge and solution focussed
Legal 500 EMEA Guide
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expertise

Renewable 
energy projects
Renewable 
energy projects
Property funding 
and structuring
Property funding 
and structuring
Agribusiness including 
game reserves
Agribusiness including 
game reserves
Property development 
structures
Property development 
structures
Land use rights and 
property rates and valuations
Land use rights and 
property rates and valuations
Land claims Land claims
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experience

LAND CLAIM
Advising and representing multiple land owners in connection with the land claims instituted by communities in the Hoedspruit region.
LAND RIGHTS
Advising a private game reserve, situated in the south-western section of the Kruger National Park, in connection with its interests in the Trans-frontier National Park with the intention to contract with the Kruger National Park to secure certain rights. The matter involves managing the resignation of certain land owners from the private reserve’s land owner association, and disputes arising from that.
LAND RIGHTS
Our client, an African Independent Power Producer was awarded preferred bidder status under Bid Window 5 of the South African REIPPP Programme. The deal is the finalization of the PPA, IA and DAs in respect of each of three 140MW wind farms, plant procurement and financing. We represented our client in relation to the land rights which included over 20 leases and 80 servitudes to connect to the main electricity grid.
ZAR100 MILLION ACQUISITION
Acting for a privately held property investment and development company in the acquisition of the Bare Dominium of a large retail centre from a state owned enterprise.
LEASE AGREEMENT
Drafting and negotiating a complex lease for client, a world leading supply chain management organisation, as a prospective tenant in respect of warehouse premises in Johannesburg to be sub-let by client to a well-known international IT company for distribution purposes in South Africa.
LEASE AGREEMENT
Drafting of a templet/standard commercial lease agreement on instructions from one of South Africa’s “big four” banks to be used by them when they rent out commercial properties to prospective tenants.
LEASE AGREEMENT
Assisted client, the owner of an international renowned wine farm in Franschhoek, with the preparation and negotiation of a long term lease, various servitudes and other commercial agreements in favour of a third party.
ACQUISITION
Assisted our client, a real estate private equity platform, with an acquisition of a well know hotel in Kigali, Rwanda. The matter involves the acquisition of the hotel from the National Government of Rwanda conditional upon tax incentives being granted by the government and the presidential decree of freehold title.
UNBUNDLING
Advising South Africa’s primary electricity supplier on the unbundling of its transmission business into a separate entity, including undertaking a due diligence on the statutory, regulatory, and factual issues affecting transmission business and providing advice in respect of the impact of its separation from being a division of the supplier and the optimal transaction structure.
ZAR2 BILLION LAND RIGHTS
Acting as project company counsel for a South African independent power producer in the securing of the land rights, shared infrastructure and connection servitudes for an energy storage project comprising a 75MW dispatchable hybrid power plant, which was awarded preferred bidder status under the South African Risk Mitigation Programme. The project is developed over 2 different project sites in 2 different provinces and comprises a wind farm in the Eastern Cape, a solar park in the Northern Cape with Battery Storage and a small thermal plant.
ZAR70 MILLION GAME LODGE ACQUISITION
Assisting our client who is a resident in the USA with the acquisition of a game lodge in a remote part of the Klaserie Game Reserve. The client acquired the shares in a property holding company which held 75% of the land rights. Negotiations included dealing with the seller and the other shareholder.
LAND CLAIM
Assisting our client, a South African resort and casino company, with land claims over the land on which their luxury resort and casino in the North West is situated.
ZAR700 MILLION REFINANCING
Assisted our client, a South African financial services provider, with the refinancing of a large citrus group loan bond.
ZAR120 MILLION BUY-OUT
Acting for one of South Africa’s “big four” banks on a leveraged buy-out for a confidential client.
ZAR220 MILLION REFINANCE
Acted for a financial services group in relation to the refinancing of a portfolio of residential properties for a confidential client – 8 parcels of land with around 300 properties over the space of this land.
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