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mining law expertise

credible difference

We are legal experts in public law in South Africa, with experience in providing opinion and advisory services, administrative law services relating to the performance public powers and functions, transactional services relating to public private partnerships, drafting legislation supporting investigative and reporting work and conducting judicial reviews of decisions by organs of state and public functionaries.

 

PROVEN
TRACK RECORD
PROACTIVE
APPROACH
AFRICAN
FOOTPRINT
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Proven track record

We handle a wide variety of public law matters, having advised clients in the following industries: banking and finance, basic education, construction, electronic communications, early childhood development, energy, electricity, mining, port services, private and public higher education, transport and logistics, strategic oil reserves, telecommunications, human settlements, media, electoral issues, real estate, prisons and pharmaceuticals.

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Proactive approach

We understand the constitutional principles of accountability and transparency, and in executing public procurement systems which are fair, equitable, transparent, competitive and cost-effective. We can also identify and analyse the public law consequences of commercial transactions involving organs of state, including regulatory approval requirements and issues pertaining to capacity and authority.

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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.

With offices in Eastern, Southern and Western Africa, we have over 600 specialist practitioners with 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.

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precise, practical, and collegial
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.

ENS is:

Chambers GlobalLegal 500IFLR1000Dealmaker Awards
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they have a large and diverse team with well-developed skills and experience
Chambers Global Guide
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ENS's client approach is excellent; the lawyers provide a good service in terms of quality
Chambers Global Guide
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the individuals within the team are all very experienced, legally astute and commercially pragmatic
Chambers Global Guide
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solid understanding of South African public law
Chambers Global Guide
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the team was professional and very knowledgeable
Chambers Global Guide
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mining law offering

expertise

administrative 
law
administrative 
law
bid 
evaluation
bid 
evaluation
concession and 
other PPP agreements
concession and 
other PPP agreements
constitutional 
law
constitutional 
law
contract negotiation 
and finalisation
contract negotiation 
and finalisation
corporate formation 
and structuring
corporate formation 
and structuring
development 
agreements
development 
agreements
drafting bid 
documentation
drafting bid 
documentation
drafting pre‑qualification 
documentation
drafting pre‑qualification 
documentation
due diligence 
reviews
due diligence 
reviews
investigations for 
public sector contracts
investigations for 
public sector contracts
feasibility 
studies
feasibility 
studies
financial close 
assistance
financial close 
assistance
municipal 
law
municipal 
law
preparation of 
documents for BAFO
preparation of 
documents for BAFO
procurement 
law
procurement 
law
regulatory 
compliance
regulatory 
compliance
supply chain 
management
supply chain 
management
transactional support 
in respect of PPP
transactional support 
in respect of PPP
mining law experience mining law experience

experience

LEGAL SEPARATION
Advised a South African state-owned power utility since the commencement of its legal separation process. We have also advised the utility and national power transmission company throughout the process of applying for and responding to questions and commentary from the National Energy Regulator of South Africa regarding its licence applications, most recently at the public hearing conducted by the Regulator in respect of the transmission company’s licence applications.
ADVISORY AND DRAFTING
Appointed to provide legal advisory and drafting services to amend the Constitution, and to shepherd those amendments through the process of adoption at the association of African parliamentary public accounts committees’ general meeting in Liberia.
ARBITRATION
We were mandated and entrusted by a country in South Africa to protect the viability of its economy and livelihood of its citizens, which are threatened by the execution of a judgment, in the amount of €50,000,000, by a German solar energy equipment supplier against the country’s assets.
LITIGATION
Over R700 million share buyback by a state-owned South African airport management company from two of its minority shareholders.
RESTRUCTURING
Advising a government-owned development bank in South Africa on the restructuring of ZAR44,000,000,000 worth of debt, including loans, listed and unlisted notes and instruments. The restructure aims to ensure the continued operation of the bank, which provides funding to stakeholders in the agricultural industry. The restructuring is on-going and the outstanding debt has been reduced to circa ZAR22,000,000.
FACILITY AGREEMENT
Advised a South African state-owned power utility in connection with a USD750,000,000 term loan credit facility agreement, entered into between the London branch of a German multinational investment bank and financial services company, a pan-African supranational multilateral financial institution, Schedule 1-listed financial institutions and a UK-based business administration services company.
GOVERNANCE
Conduct a 5-stage review in respect of each category and/or batch of governance documents. Assist a state-owned asset management firm with the development of a materiality framework on their governance documents.
PROCUREMENT LAW
Assisted a non-utility generator in its engagements with the supreme audit institution (SAI) of South Africa, specifically in order to provide legal opinions on two procurement-related decisions taken by the generator in the course of evaluating bid proposals submitted in Bid Window 5 of a competitive tender process that was designed to facilitate private sector investment into grid-connected renewable energy (RE) generation in South Africa, which were identified by the SAI as non-compliant with public procurement laws and principles.
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