business areas

natural resources / energy / oil and gas

ENS’ (Edward Nathan Sonnenbergs) natural resources, energy and oil and gas attorneys have extensive experience in these often complex and increasingly important areas.  As the largest full-service law firm in Africa, our natural resources, energy and oil and gas teams have the opportunity to cross-refer work to other business areas when necessary thereby offering clients the most cost-effective and appropriate solution to all their needs.

Our experience in the full spectrum of renewable and non-renewable energy transactions and related matters is extensive and includes a range of work such as:

• Advising the Government of Kenya on the energy law component of the Initial Public Offering of Kenya Electricity Generation Company. 
• Advising the Bureau of Public Enterprises (Nigeria) on the proposed privatisation of its downstream hydrocarbon assets (Port Harcourt, Warri & Kaduna refineries). This mandate involved conducting a pre-privatisation legal and regulatory sector review of all relevant legislation as well as an extensive legal due diligence investigation into the refineries assets’, labour issues, supply contracts, environmental issues and intellectual property matters.
• Advising on the importation of natural gas into South Africa from Mozambique, including the negotiation of all shareholding, construction, financing, operating and maintenance, gas transportation and gas supply agreements.
• Rendering legal advice on the exploration, production, transportation and operation and maintenance issues pertaining to the utilisation of natural gas situated offshore from Cape Town.
• Advised the Central Energy Fund and the Department of Minerals and Energy (South Africa) on the restructuring of the Mossgas and Soekor Groups and the subsequent creation of PetroSA, South Africa’s largest state owned oil company.
• Advised national and local authorities on the drafting and implementation of regulatory frameworks relating to electricity distribution on a national, regional and local level. 
• Advising the Government of the Kingdom of Lesotho on the proposed restructuring and privatisation of Lesotho Electricity Corporation. The mandate included assessing the existing legal, regulatory and organisational framework governing the electricity industry in order to allow for the privatisation of the state owned utility.
• Advised the Namibian electricity utility NamPower, on the ring-fencing of its regulated business activities and the proposed licensing of NamPower.
• Advised on the restructuring and corporatisation of Eskom, (the sixth largest electricity utility in the world) as well as advised on the preparation of all required legislative amendments thereof. 
• Appointed to serve on the advisory panel of experts of the Electricity Distribution Industry Holdings (Proprietary) Limited (a company which has been established to manage the restructuring of the electricity distribution industry in South Africa). 
• Advised on the restructuring of the (then) Greater Johannesburg Municipality with regards to restructuring its activities and the creation of utilities, municipal entities and agencies. Also advised in relation to the drafting of by-laws which regulate those activities. 
• Advised the (then) Greater Johannesburg Municipality in respect of the implementation of various PPP projects to enhance municipal services provision including electricity and gas distribution.
• Advising on the power purchase agreement, shareholder arrangements, wheeling agreement and the operations and maintenance agreement in respect of a project for the establishment of a wind farm in Darling in the Western Cape.
• Acted for the City of Windhoek with respect to the ring-fencing of its electricity department with a view to the establishment of a Regional Electricity Distributor or “RED” including advice regarding regulatory and legislative amendments and electricity licensing as well as corporate and commercial advice.
• Advised on negotiation and preparation of electricity power supply contracts to both domestic and industrial customers including special tariff contracts related to commodities.
• Advised a pan African private equity energy fund on regulatory issues in specified African countries.
• Advised the City of Cape Town and Drakenstein Municipality in South Africa, in a consortium, on an investigation in terms of section 78(1) and (3) of the Municipal Systems Act (as amended), relating to the provision of electricity services.
• Advised the United Nations Development Programme on the formulation of a standard form power wheeling agreement for wind energy projects within South Africa.
• Advised the City of Cape Town and the Sol Plaatje Municipality in terms of section 78 of the Municipal Systems Act regarding the restructuring of their electricity undertaking in preparation for their proposed participation in the establishment of a RED (Regional Electricity Distributor) as part of the restructuring of the South African EDI (Electricity Distribution Industry), including all legal aspects relating to: the project feasibility study and project due diligence, stakeholder consultations, examination of internal and external mechanisms, a detailed options analysis and recommendations.
• Advised the National Department of Trade and Industry regarding the National Government’s interests and investment in the PBMR Project regarding the proposed development of a pebble bed modular reactor and related matters.
• Advising on the importation of LNG and the subsequent use thereof in a CCGT power station as well as advising across the total project chain including lending, construction, financing, operations and maintenance agreements.
• Advising in respect of the development, licensing, financing, construction and operation of power generation plant utilizing flared furnace off gasses and the sale of the electrical energy via power purchase agreements.
• Appointed to advise City Power Johannesburg in relation to the restructuring of the EDI and the nature and corporate arrangements, stakeholder consultations and advice regarding options for RED formation and participation.
• Advising Independent Power Producers on the licensing, financing, construction and the operation and maintenance of power stations and the sale of the electrical energy in terms of power purchase agreements with the national utilities.
  Our project finance experience includes:
• Advising Australian Mining House on the project financing of the Richards Bay Heavy Minerals project.
• Advised South African commercial bank on the project financing of a gold mining operation in the Republic of Ghana.
• Advising on the first privately financed mining project - Chipoka Bay Mineral Sands Project. 
• Advising South African bank on the project financing of the Tabakota Gold Mine in Mali.
• Advising South African Lead Arranger on the project financing of the Mozal Aluminum Smelter in Mozambique.
  

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