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