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doing business in

africa



 

doing business in south africa(click to view pdf)

Doing business in Africa provides unique challenges and endless opportunities. This is especially true now, in the wake of the first-world's economic crisis. Business in Africa, however, requires a different skill-set as transactions often involve parties in multiple countries that typically have varying, and sometimes conflicting legal, regulatory and taxation requirements. Businesses therefore need legal counsel with geographical capability as well as substantive local expertise. Advice developed through a comprehensive knowledge, background and experience of Africa is critical to the long term success of any business proposition.

With South Africa often being a preferred point of entry into the rest of the African continent, ENS's substantive cross-border expertise and project management skills are pro-actively augmented by know-how relating to and local skills within the specific countries involved. This formidable combination makes ENS the firm of choice for law, tax, forensic and IP advice in Africa.

 




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awards


 

ENS ranked first for flow and value in both the Corporate Finance and M&A League Tables for the first quarter of 2010 by Dealmakers, becoming the first (and only) South African firm to win in all four categories in both the quarterly and annual ratings to date

ENS was voted the Most Trusted Law Firm and Client Care Law Firm of the year in the Acquisition Finance (ACQ) Global Awards 2010 for Africa

ENS won the award for Law Firm of the Year: Asia, Middle-East, Africa and Oceania Region in the M&A Advisor Awards 2010

ENS was voted Best M&A Team in South Africa in the World Finance Legal Awards 2010

ENS ranked 1st by Deal Flow and Deal Value in South Africa and 1st by Deal Flow in Africa in the Mergermarket 2010 Q1 League Tables

ENS ranked 1st in M&A by Deal Value and 1st in Corporate Finance by Deal Flow and was the only firm ranked in the top three places across every category in the Dealmakers Annual Awards 2009

ENS ranked 1st by Deal Flow in South Africa in the Ernst & Young M&A Activity Review 2009

ENS ranked 1st by Deal Value in South Africa in the Mergermarket 2009 Annual M&A League Tables

ENS is rated and endorsed as a Leading Law Firm in South Africa by Chambers and Partners Global Guide to the World's Leading Lawyers 2010, IFLR1000 2010, PLC Which Lawyer? 2010, Legal 500 2010 and Best Lawyers International 2009

ENS is ranked as the Best Employer amongst legal firms in South Africa, and 2nd Best Employer over all South African companies across all business sectors and across all sizes by CRF Best Employers 2009/10

ENS is ranked as a Top Empowered Company by Impumelelo 2009

ENS was ranked as the Top Firm in the Legal Services sector of South African Companies by Top 500 2009: South Africa's Best Companies

ENS was voted as the Law Firm of the Year South Africa in the PLC Which Lawyer? Law Firm Awards 2009

ENS was voted as the Best Law Firm in South Africa at the International Legal Awards (ILA) 2009

 




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awarded to ENS

deals cases


 

Advising Metropolitan Holdings with regards to their proposed merger with Momentum and subsequent unbundling by FirstRand of their shares in Metropolitan

Advising Helios Investment Partners LLP, a London based private equity fund with a focus on investments in Africa, SA BidCo, Rand Merchant Bank and CVCI on the acquisition of the entire issued share capital of INM Outdoor (Pty) Ltd from INM Outdoor, valued at R1.1 billion

Acting as legal advisers to the South African Government in respect of the disposal by Telkom of its remaining stake (35%) in Vodacom to existing shareholders valued at approximately R22.5 billion.  Telkom's two largest shareholders; the Government of South Africa and the Public Investment Corporation Ltd, which own a combined 58% of Telkom, voted in favour of the transaction and became significant shareholders in Vodacom Group with the government committing to retaining a minimum shareholding of 10% in Vodacom Group for a period of 12 months after the listing on the Johannesburg Stock Exchange

Advising Hoskin Consolidated Investment Holding Company Limited and Gold Reef Resorts Limited with regards to Gold Reef's acquisition of the entire issued share capital of Tsogo from shareholders of Tsogo, discharged through the issue and allotment of 800 million new shares in the issued share capital of Gold Reef (the "Gold Reef Consideration Shares"), valued at R21 billion

Advising Sasol in regard to its BEE transaction in terms of which a broad-based BBBEE consortium comprising the historically disadvantaged segment of the SA public, selected BBBEE groups, employees of Sasol and the Sasol Foundation acquired, collectively, approximately 10% of the issued share capital of Sasol for approx R31 billion, which made it the single largest broad-based BBBEE ownership transaction in South Africa to date

Advising PetroSA as lead counsel in a consortium of local and international firms regarding the establishment of its proposed oil refinery at Coega in the Eastern Cape, valued at US$9 - US$11 billion

Acting for Portugal Telecom regarding the disposal of its majority stake in Mascom (the Botswana cell phone operator)

Advising Firestone Diamonds of the UK on its joint venture mining and prospecting operations in Botswana

Advising Absa Bank on the project financing of the Bujagali Hydro Electrical Power Project in Uganda

Advising CIC Energy and International Power on the establishment and the financing of the Mmamabula Power Project in Botswana

Advised Kengen (the Kenya power utility) on its IPO and carrying on operations in Kenya

Advised Investec (Mauritius) on the financing of the Hollard head office development in Maputo (Mozambique)

Advising the Development Bank of Southern Africa (DBSA) on the financing of the public private partnership relating to the Lesotho Public Hospital in Maseru (Lesotho)

Advised Brinkley Mining on the disposal of its participation in two uranium projects in the Democratic Republic of the Congo

Assisting a South African Diamond Mining Company with expanding its operations in Angola, Mozambique, Zimbabwe and the Democratic Republic of Congo

Drafting the securities legislation and listings requirements for the Botswana Ministry of Finance, carrying on operations in Botswana

Acting for Congolese Wireless regarding the disposal of its cellular phone business to a company in which it and Vodacom are invested, carrying on operations in Congo and certain funding agreements

Acting for Old Mutual and Mutual & Federal in regard to its broad-based black economic empowerment (BEE) deal in Namibia

Advising Southern Era on its mining and prospecting operations in Botswana

Advising SAA on the disposal of its stake in Air Tanzania to the Government of Tanzania

Advising Trans Hex on certain joint venture arrangements pertaining to its diamond mining and prospecting activities in Angola

Advising Somila Gold Mine on the provision and structuring of project finance to its gold mining activities in Mali

Advising Barclays Capital, JP Morgan Securities and Standard Bank plc as underwriters on the issue of US$1.5 billion global notes due 2019 under the Republic of South Africa's shelf registration with the US Securities and Exchange Commission, undertaken pursuant to a prospectus supplement and a tap issue of US$500 million notes due 2019, underwritten by the same parties, undertaken pursuant to the issue of a prospectus supplement

Advising CIC Energy and International Power on the establishment and the financing of the Mmamabula Power Project in Botswana, valued at US$1.5 billion

Advising Credit Suisse on the restructuring of a inter-bank lending transaction, valued at R14 billion

Acting for the Development Bank of Southern Africa (DBSA) in relation to the financing of the South African National Road Agency Limited's Gauteng Freeway Toll Roads Project to the value of R3 billion

Acting for Eskom Limited, SA's electricity parastatal regarding the R60 billion funding from National Treasury for Eskom's Capital Expansion Project, following the electricity shortages in the country which led to widespread black-outs at the beginning of 2008

Advising FirstRand Bank with regards to an EMTN Programme Update (listed in Europe)

Advising the Public Investment Corporation (PIC), DBSA and Sanlam Capital Markets Limited on the provision of funding to Batho Bonke Capital (Proprietary) Limited, valued at R1.7 billion

Advising Sasfin Bank Limited on a Tier 2 Capital - qualifying loan with the IFC

Advising South African Securities Lending Association on publishing standard form securities lending documentation (including drafting thereof) to be published by SASLA and, working with the tax department, on obtaining a special tax dispensation from SARS for outright collateral transfers in respect of securities lending

Advising Unilever with regards to the R2.5 billion commercial paper programme

Advising the issuer, Umgeni Water, with regards to their Domestic Medium Term Note Programme, valued at R3 billion

Advising Beryl Consulting One, a consortium of Nigerian investors wishing to set up a Private Equity Fund in South Africa, on investment opportunities in South Africa

Advising Beryl Telecommunications on assisting G-Mobile to build and operate the third cellular mobile network in Malawi

Advising the Central Energy Fund (CEF) (Proprietary) Limited in respect of a loan facility granted to the Republic of Mozambique Pipeline Investments Company (Proprietary) Limited, valued at R600 million

Advising Citibank with regards to a United Kingdom Entity - Corporate Card Program

Advising Credit Suisse on the restructuring of their existing preference share business, valued at R5 billion

Advising Absa Capital on the listing of its Warrant and Listed Structured Investment Programme on the JSE and in regard to the issuance of a number of innovative products under the Programme

Advising CVC Asia on PPP Project Financing of Public Hospital in Lesotho to the value of R900 million

Advising the Development Bank of Southern Africa (DBSA) on term loan facility for financing of the OR Tambo, Cape Town and Durban Airports to the value of R1.5 billion

Advising Deutsche Bank on various aspects of conducting its securities lending and prime broking businesses, including in respect of drafting the standard documents therefore

Advising Faritec on negotiating a loan transaction including working capital facility, specific issue, revised terms of rights offer and cautionary announcement, valued at R29 million

Advising the Gauteng Department of Health as part of the PricewaterhouseCoopers consortium on all legal aspects of its potential Chris Hani Baragwanath Hospital PPP, including (to date) a detailed Needs Analysis and Solution Options Analysis and the Project Due Diligence

Advising the International Finance Corporation with regards to a R200 million infrastructural development loan

Advising GroFin Managers on setting up a Pan African Fund with an extensive range of International Development Fund Agencies including IFC, CDC, Shell and others, which closed with a total fund value of US$170 million against a target of $150 million

Advising the fund manager Harith, and investors in the Pan-African Infrastructure Development Fund (PAIDF) with regards to setting up an off-shore fund in Mauritius to co-exist as a parallel structure to the fund set up in South Africa, with a fund target of US$2 billion, and subsequently, on two large large-scale, long term African telecommunications initiatives

Advising HSBC on the funding provided by HSBC to Tata, in respect of the construction of the Taj Hotel in Cape Town

Advising IHS, a consortium of American and European based investors, in relation to the setting up of a Private Equity Fund in South Africa aimed at investments in housing projects

Advising Investec Bank Limited on the funding of the Enviroserv acquisition

Advising Investec Bank Limited on the funding of the Quickspace acquisition

Advising Lexshell 44 General Trading (Proprietary) Limited on the funding of their of the V&A Waterfront, valued at R7.5 billion

Advising Macquarie on a cross-border structured finance investment product involving rated preference shares, valued at R6.5 billion

Advising Marlow Advisors and a consortium of investors in respect of the financing provided by shareholders and Nedbank Limited for the acquisition of Wasteman (Proprietary) Limited, valued at R460 million

Advising Musa Capital Advisors, a US based private equity fund with a worldwide investment portfolio, on the establishment of the Bakubang Fund in the form of a partnership structure for the Bakubang Community

Advising Musa Capital and their offshore investors on a conduit funding and securitisation structure in the micro-lending industry

Advising a consulting firm on setting up the Bahrain Fund following instruction by a consortium of investors from the Middle East on setting up a fund to invest in farming projects in South Africa, including various structuring options and the tax consequences for the investors

Advising a large pension fund in relation to hedging arrangements in respect of exposures in excess of R3 billion

Advising the dealers in relation to the update of First Rand Bank Limited's US$1.5 billion EMTN Programme

Advising Nedbank in relation to the implementation of a mobile banking solution (powered by Vodafone).  The advice provided included negotiating various agreements regulating the relationship between Nedbank and Vodacom

Advising the Pan-African Infrastructure Development Fund (PAIDF) on Phase 2 of the Main One Cable deal regarding the construction and funding of the undersea fibre optic cable on the West Coast of Africa (Portugal to Nigeria and Ghana) with the second phase of the project being to Cape Town

Advising the Pan African Infrastructure Fund (PAIDF) on their Ksh7.5 billion investment in Kenya's fourth mobile operator, Essar Telecom

Advising Pan-African Investments on the NW Growth Fund Trust and Mpumalanga Trust Fund following mandates from the North West and Mpumalanga Governments to set up the a Funds for investments to create job opportunities and a sustainable economy in these Provinces

Advising Sanlam Private Equity on setting up the Shanduka Fund and the South Africa Intellectual Property Fund

Advising Sasfin Bank Limited with regards to the equipment finance multi-seller segregated asset backed note programme, valued at R5 billion

Advising Sasfin on the listing of R550 million notes on the JSE

Advising Sasfin in respect of negotiations with the IFC for their subscription of shares in Sasfin, valued at US$10 million

Advising Shanduka with regards to setting up an off-shore fund in Mauritius for foreign investors as well as an off-shore manager

Advising Standard Bank as arranger of a R2.5 billion equipment rental securitization programme via Blue Titanium Conduit for RC&C Finance Company (Pty) Limited

Advising Standard Bank with regards to the Blue Diamond securitisation programme, a synthetic, asset-backed securitisation programme (Blue Diamond No 1 -5 completed to date)

Advising Standard Bank with regards to their Blue Granite 3 and Blue Granite 5 deals, as well as their Blue Titanium multi-seller asset backed commercial paper programme

Advising Sun International (hotels and its leisure activities) with regards to its compliance with the Consumer Protection Act 2009

Advising Platinum Australia and Phokathaba Platinum on the $40 million financing of the Smokey Hills platinum project

Advising Absa Bank on the $800 million financing of the Bujagali hydroelectric power project in Uganda

Advising Incwala Resources in the $120 million refinancing of existing preference shares by a consortium of banks, the first significant syndicated refinancing of its type in South Africa

Advising Sasol Financing on a $3.3 billion black economic empowerment transaction

Advising City Lodge on their proposed 15% black economic empowerment transaction for R485 million

Advising the South African National Treasury, Deutsche Bank and Standard Bank plc with regards to the issue of the South African Government's Eurobond issue to the value of €750 million

Advising Sasol Limited in respect of the financing of its R18 billion BEE transaction

Advising Nedbank on its R10 billion Domestic Medium Term Note Programme

Advising on the funding of the acquisition by Lexshell 44 General Trading (Proprietary) Limited of the V&A Waterfront for a total acquisition price of R7.5 billion

Advising Standard Bank on Blue Granite 3, a R5 billion RMBS securitisation transaction

Advising De Beers Pension Fund in structuring and negotiating a R3 billion inflation-linked investment, resulting in the Fund's pensioner liabilities being matched by inflation-linked, collateralised guaranteed cash flows

Advising Absa in a number of cross-border structured finance transactions with Morgan Stanley and Deutsche Bank respectively, with transaction values in excess of R2 billion in each instance

Advising Investec in respect of the refinancing of Dinatla Investment Holdings' investment in The Bidvest Group to the value of R1.4 billion

Advising Standard Bank in the refinancing of R1.4 billion of external term debt of the Pepkor group of companies

Advising Mvela Gold, a subsidiary of Mvelaphanda Resources Limited, with regards to their loan to Gold Fields valued at R4.1 billion

Advising Mvela Gold on their subsequent subscription for shares in a wholly owned subsidiary of Gold Fields (which housed all its South African gold assets) and exchange of such shares for 50 million Gold Field's shares valued at R6 billion

Advising Paulson & Co on the purchase by several of their investment funds of South African shares of AngloGold Ashanti Ltd. from Anglo American plc valued at US$1.28 billion

Advising on the sale by Pallinghurst Resources Limited of an effective 11.36% interest in Tshipi e Ntle Manganese Mining (Pty) Ltd from the existing Pallinghurst co-investors to a subsidiary of POSCO South Korea, valued at US$34.3 million

Advising Macquarie on the private placement of shares in Aflease Gold, valued at R650 million

Advising Macquarie with regards to the dual listing of Gold One on the JSE and the schemes of arrangement between Gold One on the JSE and between Gold One and Aflease Gold, valued at R1.35 billion

Advising Nedbank Group on their acquisition of Old Mutual plc's and its subsidiaries interests in various business jointly held with Nedbank, including 29% stake in Fairbairn Private Bank, 50% stake in BoE, 50% stake in Nedgroup Life Assurance, valued at R1.7 billion

Advising Sasfin in respect of negotiations with the IFC for the subscription by IFC of shares in Sasfin for US$10 million

Advising Liberty International Plc on the South African leg of their firm placing and open offer of 20 million new ordinary shares at 310 pence per new share raising gross proceeds of £620 million

Advising on the South African leg of the global acquisition by Royal Bank of Scotland of ABN Amro, valued at £12 billion

Acting as legal advisers to Primedia in regard to its leveraged buy-out valued at approx. R6.7 billion and advising on the funding aspects of such buy-out

Advising SingTel.com, a 30.4% shareholder in Bharti Airtel, on the funding for the proposed shareswap between Bharti Airtel and MTN South Africa, valued at approximately USD$23.67 billion

Advising Bidvest on their acquisition of Nowaco and Farutex from JPMorgan Partners and Bancroft Private Equity, valued at €250 million

Advising Platmin on their listing on the Johannesburg Stock Exchange, valued at R3.3 billion

Advising Pallinghurst Resources Limited on their capital raising of R800 million by way of a renounceable rights offer to all shareholders

Advising Mutual & Federal on the acquisition by Old Mutual from Mutual & Federal Insurance minorities (remaining 26.5% stake in Mutual and Federal Insurance), valued at R1.8 billion

Advising Discovery Holdings Limited on their acquisition of 24.99% stake in Ping An Health Insurance Co. of China Ltd, the Health Insurance Subsidiary of Ping An Insurance (Group) Company of China Limited, valued at R900 million

Advising Hoskin Consolidated Investment Company (HCI) Limited with regards to Tsogo Investment Holdings's (a 74.6% held subsidiary of HCI) repurchase of Nafhold's 25% interest in the issued ordinary share capital of Tsogo Investment Holdings, resulting in HCI's interest in the ordinary share capital of Tsogo Investment Holdings increasing to 99.56%, valued at R1.2 billion

Advising Comair with regard to upgrading its aircraft fleet to the next generation Boeing 737-800 aircraft by way of a renounceable rights offer equity capital raising exercise for the initial down payment to Boeing, with the balance of the funding for the new fleet raised from debt markets, valued at R124.5 million

Advising Liberty International on the South African legal aspects of its demerger (the "Demerger") into two separate businesses and subsequent secondary listing on the JSE Limited (the "JSE") of Capital & Counties Properties PLC

Advising British American Tobacco on the South African legal aspects of its listing on the Johannesburg Stock Exchange (JSE) valued at R8.8 billion

Advising Sasol with regard to its repurchase of ordinary shares held by one of its subsidiaries, valued at R9.4 billion

Advising Tiger Brands in respect of its proposed acquisition of AVI, a transaction valued at R8 billion

Acting for Clientele Life Assurance in respect of a scheme of arrangement between it and its shareholders and the listing of its shares on the Johannesburg Stock Exchange, valued at R2.6 billion

Acting for Coronation in respect of a scheme of arrangement in terms of which it acquired, by way of a share buy-back, the shares of the remaining minority shareholders in Coronation, for R1.7 billion

Advising Hoskin Consolidated Investment (HCI) Company in respect of its acquisition of the shares of the remaining minority shareholders in Johnnic for a consideration of R1 billion and the suspension of the listing of the Johnnic shares on the Johannesburg Stock Exchange

Representing Gold Reef Resorts Limited ("Gold Reef") regarding the sale of Gold Reef Shares to certain empowerment shareholders valued at R942 million

Advising Tiger Brands on Phase II of their Black Economic Empowerment Transaction involving the specific issue of shares in Tiger Brands to a BEE consortium, valued at R2.8 billion

Advising BHP Billiton in regard to the restructure of its joint venture arrangements with Rio Tinto in respect of Richards Bay Minerals and the disposal of 26% of the restructured business to BEE parties, valued at US$4.5 billion

Acting for Gold Reef Casinos in respect of the acquisition by Tsogo Sun of an equity stake in Gold Reef Casinos (which it purchased from certain existing BEE shareholders of Gold Reef Casinos) valued at R1 billion

Acting for Pallinghurst in a transaction with the Bakgatla Tribe to form a broad based black controlled PGM investment vehicle to exploit PGM's opportunities in the Western Limb of the Pillansberg for a cumulative transaction value of R1.7 billion, payable in tranches

Acting for Pallinghurst in the acquisition of a 69.84% controlling interest in Platmin Limited (TSX listed company) via the Bakgatla / Pallinghurst PGM investment vehicle for a cumulative transaction value of US$175 million

Advising Standard Bank on the broad-based black share ownership (BEE) initiative of Pretoria Portland Cement, valued at R1.6 billion

Advising the AfriSam Consortium in relation to its BEE transaction entailing an equity investment in Holcim valued at R16.4 billion

Acting on behalf of Afripalm Resources in regard to the establishment of an independent, fully integrated, HDP controlled platinum company in terms of a transaction entered into between the Afripalm Group, Mvelaphanda Holdings, Mvelaphanda Resources, Anglo Platinum, and others, at an assumed transaction value of approx R10.25 billion

Advising Barclays Bank as a senior funder in relation to FirstRand Bank's BEE transaction, with a total deal value of approx R7.9 billion

Advising Old Mutual in relation to its first generation BEE transaction, with a total deal value of approx R7.2 billion and advising an empowerment partner, Whiphold, in respect of the same transaction

Advising the Public Investment Corporation (PIC) on its R6.6 billion warehousing transaction with the Elephant Consortium involving 15.1% of the shares in Telkom

Advising a BEE consortium, comprised of Izingwe Holdings, Southern Palace Holdings, Shanduka Resources and a broad-based women's empowerment group, in relation to its acquisition of a 21% equity stake in Scaw SA for a total consideration of approx R5.3 billion

Advising MTN, the National Treasury, Transnet and the PIC in relation to the funding and acquisition by a BBBEE management consortium led by Irene Charnley and Phutuma Nhleko of MTN shares for R4.3 billion and the unwinding of the Ice monetisation structure

Acted for Gold Fields in relation to the acquisition by Mvelaphanda Gold of a 15% beneficial interest in the South African gold mining assets and business operations of Gold Fields for a cash consideration of R4.1 billion

Advising Incwala Resources and Investec Bank/Standard Chartered Bank on the Incwala Resources BEE transaction with a transaction value of approx R3.2 billion (Investec and Standard Chartered Bank were two of the banks providing preference share funding to the relevant empowerment companies)

Advising Nedbank in respect of its empowerment transaction with a BEE consortium (including Whiphold, Brimstone and AKA Capital), with a deal value of approx R3 billion and advising Whiphold in respect of the same transaction

Advising Bidvest in respect of its first generation BEE transaction in terms of which Dinatla Investment Holdings acquired approximately 15% of the issued share capital of Bidvest by way of a scheme of arrangement, for a consideration determined with reference to the performance of Bidvest's shares over the 3 years post acquisition, with a minimum price of R1.89 billion and a maximum price of R2.7 billion (before any adjustments) and advising Investec on its R1.4 billion re-financing of such transaction

Advising Hudaco in respect of its BEE transaction and associated group restructure involving the introduction of the Hudaco Trading BEE Staff Education Trust, the Hudaco Broad-Based BEE Foundation and a consortium of black entrepreneurs known as the Ulwazi consortium as BEE partners, with a transaction value of R2.2 billion

Advising Sasol with regard to the acquisition of a 25% equity interest in Sasol Oil by Tshwarisano LFB Investments, valued at approximately R1.45 billion

Advising Gold Reef in regard to their BEE transaction in terms of which various BEE partners acquired, between them, a 25.1% equity stake in Gold Reef valued at over R1.4 billion

Advising Allan Gray in relation to its broad-based BEE transaction entailing, amongst other things, the disposal of 18.9% of Allan Gray to the E2 Trust for R1.2 billion

Advising Afripalm Resources in relation to its R1.15 billion equity investment in Mvelaphanda Resources

Advising Massmart Holdings and other companies in the Massmart group with regard to a fully company funded BEE transaction equivalent to approximately 10% of Massmart's current issued share capital with an approximate value of R1.1 billion

Advising Nampak in respect of its BEE transaction entailing the disposal of 5% of Nampak to its employees and 5% to BEE groups comprising a broad-base of black people, with a total transaction value of approximately R1 billion

Advising Metropolitan on the proposed third phase of their Black Economic Empowerment Transaction

Representing Massmart in relation to the Competition Commission's investigation into the supermarket industry

Representing various other parties in relation to the Competition Commission's investigation into the supermarket industry

Representing Safcor Panalpina in relation to the freight forwarding cartel investigation

Representing Astral Foods in relation to the poultry industry investigation

Representing Concrete Units in relation to the cement cartel investigation

Representing South African Express Airways in relation to the airline cartel investigation

Representing Mail and Guardian in relation to the newspaper circulation cartel investigation

Representing Hudson & Knight in relation to the edible oil cartel investigation

Representing Astral Operations, Elite Breeding Farms and Ross Poultry Breeders in relation to a complaint brought by Supreme and Country Bird

Representing Tiger Brands in relation to allegations of anti-competitive conduct in its bread and milling businesses

Representing Tiger Brands in relation to allegations of anti-competitive conduct in its indirect subsidiary, Adcock Ingram Critical Care

Representing The Banking Association in relation to the Enquiry conducted at the behest of the Competition Commission into the South African Banking Sector

Representing Nedbank in relation to the Enquiry conducted at the behest of the Competition Commission into the South African Banking Sector

Representing First National Bank in relation to the Enquiry conducted at the behest of the Competition Commission into the South African Banking Sector

Performing a competition law compliance audit into all business units within the Tiger Brands group of companies

Representing Macsteel International in the excessive pricing complaint against ArcelorMittal

Representing British American Tobacco South Africa in an abuse of dominance complaint brought by the Competition Commission and J T International South Africa (Camel)

Representing Gold Reef in its proposed merger with Tsogo Sun

Representing Cadbury in its recent merger with Kraft

Representing Areva and Siemens in their merger

Representing Comcast and Universal in relation to their merger

Representing AIG and Bridge Partners in relation to their merger

Representing BHP Billiton in relation to the South African competition law aspects of its hostile offer to acquire the entire issued share capital of Rio Tinto

Representing BHP Billiton in relation to the proposed restructuring and empowerment of Richards Bay Minerals

Representing MTN in its offer to acquire Verizon South Africa

Representing Hollard Insurance and Etana Holdings in relation to the restructuring and establishment of Etana Insurance Company

Representing Blue Label in relation to its restructuring and listing as Blue Label Telecoms and in regard to subsequent acquisitions

Representing both AKZO Nobel and ICI in the acquisition by AKZO Nobel of ICI as well as representing AKZO Nobel in the on-sale by it of its National Starch Business to Henkel (South African Legs of both transactions)

Representing Delta Airlines Inc and Northwest Airlines Corporation in the acquisition of Delta by Northwest (South African Leg)

Representing both Mars Inc and WM Wrigley JR Company in the acquisition by Mars of Wrigley (South African Leg)

Representing both ArcelorMittal and Kalagadi in their proposed joint venture

Successfully representing Formex Industries, an engineering corporation operating in SA, in its dispute with a multi-national engineering consortium. The matter was resolved entirely in the client's favour

Acting for Seardel Investment Corporation Limited in litigation against former DOC's in respect of corporate opportunities and sundry transactions

Acting as lead legal consultant to Kumba in respect of all mineral, mining and environmental regulation

Advising Airports Company South Africa regarding the construction of an additonal hotel at OR Tambo International Airport

Successfully reviewing the refusal of the grant of a route operator license to Vukani Gaming Free State and the award of licenses to two of Vukani's competitors.  ENS also obtained exceptional relief in the form of a substitution by the court of a decision of the Gaming Board

Advising Eskom, South Africa's primary electricity provider, in a dispute with a contractor regarding the provision of electricity reticulation

Advising Woolworths in relation to a dispute with customs authorities in terms of the importation of goods from foreign countries with respect to local content

Acting for Kumba Resources in a claim by Lithos Corporation for US$450 million in damages arising from termination of a mining joint venture

Successfully representing Tsogo Investment Holding Company in a shareholder dispute with Nafhold (Pty) Limited

Representing Sanlam Investment Management (Pty) Limited in significant arbitration regarding a dispute relating to an asset management contract

Successfully advising Emfuleni in respect of Sun International's receipt of the only casino licence bid in the Port Elizabeth area

Representing Khusela Women's Investments against the department of minerals and energy and the African Exploration Company (AFEX) regarding a dispute over the granting of mining rights to Khusela Womans Investments

Advising Seardel Investment Corporation Limited against Seardel Group Pension Fund regarding alleged improper use in terms of the Pension Fund Act

Advising Gold Fields in respect of the "West Wits Project" which relates to an integrated strategy for rehabilitation and ultimate closure for three of its gold mines

Advising Sun International in opposing several mining right applications for proposed mining operations in close proximity to their resorts

 



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