Our services
Although able to advise on most energy and commercial law matters, we provide expert legal services in the following areas.
Energy Law
Energy regulation
- Advice on all aspects of the energy regulatory environment, including the Integrated Resources Plan, Integrated Energy Plan, national and local government legislation, amendments to legislation, regulation, bills, rules, national and local government policies, codes, plans, white papers, bylaws, third party transport rules, small-scale embedded generation (SSEG) and other energy related policies, suites of documents, municipal frameworks and guidelines etc.
- Advice on and preparing NERSA licensing exemptions, registration and licence applications (generation, distribution and trading).
- Advice on and preparing Eskom and municipality applications for permission to wheel electricity; drafting and negotiating wheeling agreements, use-of-system agreements, amendments to distributor and customer electricity supply agreements and their addenda for wheeling and net-metering.
- Advice in relation to the legal landscape in other jurisdictions in Sub-Saharan Africa in regard to energy policy and regulation.
- Advice on energy planning strategies, including providing training workshops, presentations and webinars.
- Providing opinions and making representations on behalf of clients to Government, commenting on draft legislative enactments to, and meeting with, the Department of Mineral Resources and Energy (DMRE), NERSA, Eskom and municipalities in regard to energy laws and regulation.
Energy sales
- Drafting and negotiating all types of energy sale agreements, including private bilateral power purchase agreements (PPAs), trading PPAs (generator and customer), municipal and other state owned enterprise PPAs.
- Reviewing and negotiating documents for public energy procurement programmes, including REIPPP and Cogeneration IPP Programmes, Eskom’s STPPP, WEPS and MTPPP programmes and the various municipal tenders.
- Advice on all aspects of wheeling, banking and net-metering arrangements and agreements, including drafting, amending and reviewing Eskom and municipal agreements, amendments to connection and use-of-system agreements to enable wheeling and amendments to electricity supply agreements for the reconciliation of electricity accounts.
Energy projects
- Advice on all types of energy projects, including small scale-embedded generation projects, private independent power (IPP) projects, public private partnerships, distributed generation projects, trading projects, energy efficiency initiatives, etc.
- Advice on the various REIPPPP and other public procurement programmes, including cogeneration, Eskom and municipal programmes.
- Advice on all typical project development authorisations, permits, licences and consents, including NERSA (electricity and gas), National Environmental Management Act, land-use, water use, transport, Eskom, municipality etc.
- Drafting, reviewing and negotiating all types of project agreements, including project development agreements, memoranda of understanding, PPAs, supply and offtake agreements, waste-to-value agreements, construction agreements, operation and maintenance agreements, notarial lease agreements, option to purchase/option to lease agreements, connection and use-of-system agreements, wheeling agreements, etc.
- Drafting procurement documentation, including managing procurement processes (RFQ, RFPs, adjudication, disputes etc.).
- Providing legal opinions.
Commercial Law
Corporate and commercial
- Corporate and commercial advisory services.
- Drafting and negotiating all types of commercial agreements, including sale of business agreements, subscription agreements, sale of shares agreements, preference share subscription agreements, shareholders agreements, memoranda of incorporation, merger and acquisition agreements, joint venture agreements, partnership agreements, joint-development agreements, key-man employment agreements etc.
- Corporate structuring advisory services.
- Advice on Exchange control regulations and assistance with South African Reserve Bank applications.
- Company set up and comprehensive company secretarial services.
- Legal opinions in regard to corporate and commercial law issues.
- Due diligence assessments and reports.
General counsel services
- Dedicated general counsel services, including retainer offerings to suit clients’ legal budget and cash flow planning.
- Company secretarial functions, including assistance with board, sub-committee and shareholder meetings.
- Contract management policy development and support.
- Preparing standardised documents including purchase order terms and conditions.
- Preparing corporate governance documentation, including company policies, terms of reference for sub-committees etc.
Escrow services
- Bespoke escrow deposit services to facilitate clients’ transactions.
- Drafting and negotiating escrow agreements.
How can we help you?
Book a consultation with us.
