Practice Areas

Finance

Project Finance

The financing requirements to close Africa’s infrastructure deficit are estimated at US$ 93 billion annually for the next decade. Project Finance and Public Private Partnerships (PPPs) are proving to be useful tools in resolving the infrastructure gap.

Our specialist services include the conduct of project feasibility and due diligence investigations, preparation of project risk matrices, project SPV formation, site acquisition, drafting Project and PPP Proposals, advising on funding arrangements (including syndications, IFI financing and blended finance structures) and drafting related project agreements, financing agreements and security documentation.

We have broad experience in advising on and drafting various agreements including Turnkey EPC Contracts, Construction Contracts, Construction Sub-Contracts, Concession Agreements, BOT Contracts, DBFOM Contracts, Project Management and Professional Services Contracts based on MDB Contract Models and FIDIC Contract Models across different sectors including Transportation, Sports Stadiums, Multi-Purpose Dams and ICT.

Our lawyers have been involved in advising both the Private Sector and Public Sector on various energy projects in sub-Saharan Africa.  These have included projects across the electricity generation, transmission and distribution value chain as well as the oil and gas industry. Specialist services include Renewable Energy FiT Applications, advising on and negotiating Power Purchase Agreements, advising on and drafting Concession Agreements and related project construction and O&M Agreements.

We combine legal and sector experience with an in-depth understanding of your business to conduct a commercially-minded risk assessment of your project. Clients represent a diverse range of industries and particularly in the following sectors – construction and engineering, specialist facilities, telecommunications & ICT, real estate and energy.

Representative transactions
    • Advising the project sponsor in the development of a bulk liquid fuel storage facility in Swaziland;

 

    • Advising a client in the development of a 500MW hydro-electric power plant;

 

    • Advising the project sponsor on the project structuring and funding of a mixed- use development on 1000 acres in Kenya;

 

    • Advising a private developer on the project structuring, incorporation and land acquisition in respect of the development of a 140MW geothermal power plant in Kenya;

 

    • Advising a Savings & Credit Co-operative Society on the project structuring and funding of a multi-million turnkey DBFT housing project on 100 acres in Kenya;

 

    • Advising the project sponsors in the development, funding and construction of US$160 million 400TPD architectural float glass manufacturing plant in Dar-es-Salaam, Tanzania;

 

    • Advising on a $250 million Bus Rapid Transit system as part of a local municipality’s proposed Integrated Rapid Public Transport Network in South Africa;

 

    • Advising on, drafting and negotiation of project structure and project agreements in respect of a $70 million broadband network for a local municipality in South Africa; and

 

  • Advising a power utility on the project financing of a 330 MW combined cycle power plant in Takoradi, Ghana.

Public Sector Finance

We work with both the private sector and public sector to navigate through this complex area of law.  We advise state-owned enterprises on compliance with the legal and regulatory regime governing public finance management as well as public procurement and disposal of assets.

We advise both national and sub-national governments as well as state-owned enterprises on compliance with international and national bidding processes in the preparation of their submissions.

Representative transactions
    • Advising on and preparing project documentation for privately initiated investment proposals under the Public Private Partnerships framework in Kenya;

 

    • Advising on a turnkey EPCF project for the implementation of two large scale dam and infrastructure irrigation projects each incorporating a 5MW power plant in Kenya;

 

    • Advising on a turnkey project for the design, finance, construction and management of public healthcare facilities, a collaboration between Private Healthcare services provider and a local county government in Kenya;

 

    • Advising a state-owned enterprise on its competitive procurement of facilities management service providers for their railway stations in South Africa;

 

    • Drafting standardised tender documents for a state-owned enterprise in the transportation sector in South Africa;

 

    • Advising a consortium in its proposed bid for a 1000MW peaking power IPP project in South Africa; and

 

  • Advising the Government of Mozambique in its forensic audit of the privatisation of one of the local commercial banks.

Development Finance

The Firm’s lawyers have advised on various significant transactions, representing both the public sector as well as the private sector, which involved funding from multi-lateral funding institutions, bilateral funding institutions and development banks.  We work closely with clients to structure projects that strategically leverage on development finance and philanthropic funds to mobilise private capital flows to their projects on the African continent thereby lowering the overall cost of finance.

By keeping abreast of the changing landscape of IFIs and the funding mechanisms, we are able to advise clients on legislative developments, governance and compliance in connection with accessing development finance and successfully participating in IFI funded projects.

Representative transactions
  • Advising a local county government on project identification, development of TORs and securing approval for key infrastructure projects under various World Bank funded programmes in Kenya;
  • Advising an international client in the transmission and distribution lines business on compliance with procurement and bidding processes for various projects in East Africa funded by the World Bank, JICA or AfDB;
  • Advising an international client in the ICT sector on compliance with procurement and bidding processes in East Africa funded by the World Bank or AfDB;
  • Advising an international client in the lighting and energy efficiency sector on compliance with procurement and bidding processes in Kenya funded by the World Bank; and
  • Advising the Southern Africa Enterprise Development Fund on its various investments in southern Africa including ensuring compliance by the Fund with its own funding agencies’ requirements.