• EMPOWERMENTAuthentic and Sustainable Transformation Solutions
  • TRANSACTION ADVISORYSee the deal through
EMPOWERMENT1 TRANSACTION ADVISORY3

ABOUT US

Economic, business and regulatory conditions change constantly. Firms face an ever-growing burden of constantly adapting to disruption, sustaining growth and maintaining compliance within an increasingly complex competitive, social and regulatory regime. At Iusprudentia Specialist Counsel, we aim to ease this ever-growing burden through the delivery of economic empowerment solutions and legal counsel support on topics that are critical to our clients operations and commercial transactions and which find deeper relevance and impact within a broader changing social context.

WHAT WE DO

We provide authentic, expert, trusted and assured counsel on a full range of economic empowerment, legal transaction and regulatory topics:

Economic Empowerment Advisory

Our economic empowerment advice assists our clients in demonstrating a sustained commitment to the transformation of South Africa.

We provide economic empowerment advice and support to facilitate the demonstration by our clients of a sustained commitment to the transformation of South Africa. Collaborate with clients to design and implement initiatives aimed at creating jobs, supporting income growth and ensuring the up skilling of South Africans within the broad parameters of BBBEE scorecard optimization and improvement and Social Labour Plan Design, Tracking and Monitoring.

Expertise

  • BBBEE Scorecard Optimization and Improvement, Including Periodic Tracking and Reporting
  • Social Labour Plan Design, Tracking and Monitoring
  • Enterprise and Supplier Development
  • BBBEE Scorecard Verification, Preparation and Support
  • BBBEE Training
  • BBBEE Scorecard Gap Analysis
  • BBBEE Equity Ownership Structuring
  • Design and Structuring of Equity Equivalent Programmes for Multinationals, Including Liaison with the DTI and other Stakeholders
  • Supplier Verification and Training
  • Tender Preparation

Commercial Transaction and Regulatory Support

We guide you through complex regulatory requirements with trusted counsel in getting your deal through.

From transactions and operations, to areas which are primarily impacted by regulation and challenging legislative requirements. We provide high quality support to our clients on their most complicated, industry-defining transaction through the entire chain of due diligence investigation and reporting, structuring, document drafting and review, negotiation, regulatory compliance and closing. We provide transaction opinions, support applications and acquisitions of mineral rights, review applications and appeals.

In the mining environment, we have experience in successfully objecting to the grant of prospecting or mining right applications and pursuing appeals against decisions regarding the grant or refusal of mining and prospecting applications We have deep exposure to, and trust based relationships, with regulators and lawmakers; we have appeared before major regulatory authorities, enabling us to stay at the forefront of regulatory developments, interpretations and implementation.

We constantly deliver the requisite assurance and degree of certainty to compliance demands, regulatory proceedings and any other interactions across a broad spectrum of stakeholders. Our expertise is drawn from a diverse profile of professionals with vast knowledge and industry expertise in law, finance and mineral resources. Covering every aspect of resource related transactions and operations to ensure an in depth and well-balanced approach – tailored interactions and representation with regulators.

  • Environmental Law
  • Public Procurement
  • Infrastructure
  • Mergers, Acquisitions and Joint Ventures
  • Asset and Business Acquisitions and Disposals
  • Mining
  • Government Contracting
  • Loans and Financing
  • Due Diligence Investigations and Reporting
  • Corporate Restructuring
  • Dispute Resolution
  • Pharmaceuticals and Healthcare
  • Energy and Commodity Supply Agreements
  • Corporate Governance Advisory

Experience & Expertise

Our team has a rich breadth and depth of experience and has created impact in large corporations across the globe

SOME OF OUR CURRENT CLIENTS

Faircity BGR Medtronic TUV


Ithemba Rikatec One Africa Capital Partners SAKG

Commercial Transaction and Regulatory Support

Kagiso

Kagiso delivers counsel and support primarily in the areas of environmental, energy, regulatory and administrative law. He regularly furnishes opinions and general advice on climate change and commercial undertakings, environmental compliance and guides clients through the environmental impact assessment process to ensure that they comply with the requirements set out in the legislation, regulations and guidelines with a view to avoiding appeals and review proceedings.

Selected Transactional Experience:

Advised a number of clients including Eskom, MTN, Anglo American, Royal Bafokeng Platinum, Northam Platinum, ExxonMobile and Transnet with respect to administrative competencies and potential legal challenges of administrative decisions in the energy waste, natural resource and environmental contexts;

Advised on the purchase of a cogeneration plant from a ferrochrome smelting plant operator used as part of a Clean Development Mechanism Project;

Advised on regulatory requirements of homologation, import, exchange control, market recall including consumer protection to clients including South African Breweries and Hitachi;

Assisted the South African Department of Energy (Independent Power Producer's Office) with respect to various regulatory frameworks applicable to the South African energy sector, including the Renewable Energy Independent Power Producers Procurement Programme;

Part of the environmental team advising Union Carbide Southern Africa in relation to and objecting to the application for prospecting right in terms of the Mineral and Petroleum Resources Development Act;

Advised SMA Solar Technology AG with respect to the IFC's Performance Standards on Environmental and Social Sustainability and Equator Principles;

Part of the environmental team that provided environmental regulatory advice to lenders and developers in connection with numerous projects under the South African Renewable Energy IPP Procurement Programme, including the Kakamas Hydro Electric Power Project, Northern Cape;

Part of the team that represented South African National Roads Agency with respect to various litigation matters concerning the construction of the Wild Coast Toll Road;

Part of the team that advised the South African National Roads Agency with respect to environmental impacts associated with the construction of national roads.

Publications:

Rio+20: http://belldewarmining.com/2012/07/09rio20/

Macsand Judgment and NEMA: http://belldewarmining.com/2012/04/19/macsand-judgment-and-nema/

Climate Regulation 2015: https://gettingthedealthrough.com/area/42/jurisdiction/2/climateregulation-2015-southafrica/

Cartel Infractions: Drawing the line (2010) and Understanding Public Policy Exemptions (2011). Both papers presented at the Annual Conference on Competition, Law, Economics and Policy;

Passing planning legislation directed at the protection of the environment: https://www.lexology.com/library/detail.aspx?g=2e7c27a4-ad97-4865-8b9a-84431232724a

Reitumetse Benedict

Reitumetse Benedict is an internationally trained and experienced lawyer with previous "in practice" experience covering commercial transactions over 5 years valued in excess of ZAR300 Billion within the mining, oil and gas and energy industries across Africa. Reitumetse Benedict has an additional 5 years "in house" experience leading McKinsey & Company's legal support and transformation functions in Africa.

Selected Transactional Experience:

Advised Mozambique's electricity utility on the development of a critical electricity transmission line intended to evacuate electricity from the north of Mozambique to the south and onwards to participants of the Southern African Power Pool;

Advised a Middle East sovereign wealth fund in successfully recovering funds misappropriated in the "Tannenbaum Ponzi Scheme" – the largest South African Ponzi Scheme at the time;

Advised 800 meter athletics world and Olympic champion, Ms. Caster Semenya in relation to her continued participation in international female athletics;

Advised Mimosa Investments, a joint venture between Aquarius Platinum and Impala Platinum on all aspects related to its disposal of a 51% shareholding in the Mimosa Mine in Zimbabwe pursuant to the implementation of Zimbabwean "indigenisation legislation"

Advised Capture Your Value Limited, a United Kingdom incorporated company, in relation to the public offering of its securities in South Africa;

Advised Noventa Limited, a leading supplier of low cost industrial scale titanium concentrate listed on the AIM exchange, TSX and PLUS exchange on the South African law aspects related to a secured loan facility entered into with Richmond Partners Master;

Advised Tiffany & Co, a leading international diamond supplier on the South African law aspects related to a loan facility and offtake arrangements entered into with Diamcor Mining;

Advised Brazilian company, Vale S.A. on all aspects relating to its proposed acquisition of the entire issued share capital of JSE listed company, Metorex Limited;

Advised affiliates of Brazilian company, Vale S.A. in respect of the negotiation of contractual documentation relating to the development of the Moatize coal mine in the north of Mozambique, including the securing of electricity supply for the mine and a number of Vale's other local projects;

Advised and drafted contractual documentation on behalf of BP International relating to the disposal of its downstream assets in Tanzania, Namibia, Zambia, Malawi, Zimbabwe and Botswana;

Advised the Kariba North Bank Extension Power Corporation (a wholly owned subsidiary of Zesco Limited – Zambia's national electricity) in respect of contractual documentation relating to a loan facility procured from the Development Bank of Souther Africa relating to the construction of a 360MW peaking hydro power station in Zambia;

Advised ZTE, one of China's largest telecommunications companies listed on the Hong Kong Stock Exchange, in respect of the contractual documentation relating to its successful bid to supply Cell C, one of South Africa's leading mobile telephone network operators with telecommunications equipment for the installation of Cell C's "4Gs" network;

Advised a major shareholder of MTN Limited on issues arising out of the Securities Regulation Panel Code on Takeovers and Mergers in the proposed merger between Bharti Airtel and MTN Limited;

Advised a consortium comprising Goldman Sachs and Ethos Private Equity on all aspects relating to their proposed acquisition of Gold Reef Resorts.

Publications:

South African Mine Safety Practices Face Scrutiny: http://www.northenminer.com/commodities.markets/commentary-south-african-mine-safety-practices-face-scrutiny/1001109473

Get in touch with us

Contact Details

phone Tel: 011-327-6137

email Email: counsel@specialistcounsel.co.za

location_on

202B Thrupps Illovo centre
204 Oxford Rd
Illovo
2196
South Africa

Send Us A Message