Herbert Smith Freehills LLP > Johannesburg, South Africa > Firm Profile

Herbert Smith Freehills LLP
2 SANDTON DRIVE
ENTRANCE 145 SECOND STREET
SANDTON, JOHANNESBURG, 2196
South Africa

South Africa > Projects and infrastructure Tier 1

At Herbert Smith Freehills LLP, the ‘very hands-on‘ energy and projects team is highly regarded for advising on complex, integrated infrastructure and power transactions and projects. Renewable energy mandates form the backbone of the practice, which is led by the ‘solution-drivenBrigette Baillie, who stands out for her ‘exceptionally deep legal and commercial knowledge in energy and project finance‘. The ‘extremely efficientCarey-Anne Jennings focuses on public-private partnerships and limited recourse project finance transactions. Biddy Faber has an excellent track record in handling project finance mandates, and Nathan Mallinson acts on PPP and concession agreements. Busisiwe Sibeko, Ross Lomax and Sarah Burman also stand out for their contributions.

Practice head(s):

Brigette Baillie

Testimonials

‘Brigette Baillie has excellent negotiation skills and an uncanny ability in guiding the client.’

‘Brigette Baillie is an outstanding project finance lawyer, with an exceptional market understanding, deep legal and contractual experience, amazing negotiation skills and – cherry on the cake – is fun to work with !’

‘The team is adaptable to clients’ needs. This is an important skill when working on dynamic, challenging infrastructure projects.’

‘A dedicated team.’

‘The team has experience on most major energy projects in the country and are very familiar with current market practices.’

‘Brigette Baillie has exceptional market knowledge.’

‘Brigette and Biddy remain the “go to” for innovation and complex deals.’

Brigette Bailie and Carey-Anne Jennings make an exceptional team and their strengths complement each other.’

Key clients

Air Liquide S.A.

EDF Renewables Pty Ltd

G7 Renewable Energies Pty Ltd

Rand Merchant Bank

Scatec ASA

Egis, IC İÇTAŞ İnşaat Sanayi ve Ticaret, African Infrastructure Investment Fund and STOA

Engie Afrique

Facility for Investments in Renewable Small Transactions (RF) (Pty) Ltd

Illovo Sugar Africa (Pty) Ltd

Mulilo Renewable Project Developments (Pty) Ltd

Sedibelo Platinum Mines Ltd

Seriti Green (Pty) Ltd

International Finance Corporation

Work highlights

  • Advised IFC and RMB on the financing of Scatec’s 50MW solar PV project at Selebi Phikwe in Botswana.
  • Advised Africa Rainbow Energy & Power, as equity funder and shareholder, on the financing of the equity investments in the SOLA sponsored PPA with ARM.
  • Advising Seriti Green on its renewable energy project and PPA for Seriti Power.

South Africa > Commercial, corporate and M&A Tier 2

Herbert Smith Freehills LLP‘s corporate and M&A team draws on the firm’s broader global expertise to assist with prominent cross-border transactions. The group is very experienced in advising mining and telecoms clients on high-value transactions and divestments; restructuring matters have also been prominent in the department’s recent workload. Practice head Rudolph Du Plessis is ‘calm and measured at all times‘ and provides ‘exceptional legal advice‘. Ross Lomax handles BEE transactions in the mining, telecoms and renewable energy sectors, and Patrick Leyden assists with joint ventures, corporate restructurings and private equity matters. Huneiza Goolam left the firm in May 2023.

Practice head(s):

Rudolph du Plessis

Other key lawyers:

Testimonials

‘Breadth of talent in the team and they collaborate together to provide client solutions efficiently.’

‘Ross Lomax brings a wealth of knowledge to the team and a commercial eye to bringing practical, workable solutions to tricky matters. Patrick Leyden has a keen eye for detail and unpacking legal problems.’

‘Ross Lomax’s prior litigation experience is extremely valuable in constructing contracts that envisage all possibilities.’

‘Exceptional people.’

‘Rudolph Du Plessis has exceptional attention to detail and excellent negotiation skills.’

‘The HSF team has a variety of capabilities across corporate, tax, employment and BEE law.’

‘Ross Lomax has great business acumen in addition to being an expert lawyer, in particular regarding BEE legislation.’

Key clients

IHS Holding Limited

Huge Group Limited

Publicis Groupe Holdings B.V

Unigreen

Engie

Scatec ASA

African Thunder Platinum Ltd

African Phoenix Investments Limited

Pearson

Bel Fromagerie

EDF

Creadev

NTT

Harmony

Anglo American

Copenhagen Infrastructure Partners

Mulilo Renewable Energy South Africa (Pty) Ltd

Extract Group Limited

River Energy South Africa (Pty) Ltd

Bundu Power

Work highlights

  • Providing ongoing advice to Lagos-based IHS Holding Limited on the acquisition of 5,709 towers from MTN South Africa.
  • Acting as South African legal advisors to Capital and Counties Properties Plc  in relation to the ongoing, proposed all-share merger with Shaftesbury Plc by way of a scheme of arrangement in terms of English law.

South Africa > Competition Tier 2

The ‘extremely commercial, strategic and intelligent‘ team at Herbert Smith Freehills LLP is led by the ‘strongJean Meijer, who garners praise for her ‘exceptional knowledge of competition law‘. The competition, regulation and trade practice has been kept busy handling abuse of dominance claims, high-profile market inquiries, cartel investigations and merger control matters. Nick Altini stands out for his expertise in representing clients in the full range of competition law issues, and has advised on high-profile cases involving discriminatory and predatory pricing matters, contested mergers and cartel investigations. Sandhya Foster and Stewart Payne are key names to note. Leana Engelbrecht left the firm in January 2024.

Practice head(s):

Jean Meijer

Testimonials

‘The team’s advice is always practical and of enormous value to a business, because of their ability to quickly grasp the issues, understand the business and what outcome the business is looking to achieve. They do not over complicate matters with legal jargon but rather find commercial, workable solutions to suit the business and achieve the required outcome. They continually keep clients updated on current competition matters in a practical, informative way which is easy to understand.’

‘Jean Meijer is highly intelligent, strategic, commercial and practical. She is able to quickly understand what a business requires and give advice which is implementable and understandable. Sandhya Foster is extremely commercial, intelligent and practical.’

‘The team is highly experienced and well connected.’

‘Both Jean and Sandhya are fantastic-they are always professional and a real asset in any negotiation/transaction.’

‘This team is top drawer with a superior knowledge of competition law and how best to use that knowledge as an inter-play with the competition authorities. This team also has an innate ability to find practical solutions to complex legal issues.’

‘Nick Altini is one of the best competition lawyers in the country. He has a profound knowledge of the law and an exceptional skill at applying that knowledge in practice, delivering outstanding results for his clients.’

‘Jean Meijer and her team are on the ball, organised, anticipate strategic moves and are always well prepared. If a client is looking for a team that will crystalise complex issues and make it palatable and defensible – this is the team!’

‘The Herbert Smith Freehills South Africa LLP competition team are subject matter experts with a proven track record of delivering with excellence. The team is very solutions oriented and straight to the point, which is highly appreciated in our field given the fast turnaround required to make decisions.’

Key clients

Associated British Foods (including subsidiaries, Illovo Sugar South African and Zambia Sugar)

Air Products South Africa Proprietary Limited

Airlink

Harmony Gold

IHS Holdings

Life Healthcare Group Limited

Naspers Group operating companies (AutoTrader, Mr D, OLX South Africa, Property24 and Takealot.com)

Rain

The Standard Bank of South Africa Limited (including subsidiaries Liberty Life, Liberty 2 Degrees and Stanlib)

Uber Portier B.V. and Uber Eats South Africa Proprietary Limited

Copenhagen Infrastructure Partners

Stanlib

Work highlights

  • Successfully defended I&J against allegations of cartel conduct before the Competition Tribunal and in an appeal heard before the Competition Appeal Court, brought against the client by the Competition Commission.
  • Acting for a number of South African digital companies, including e-commerce retailer, Takealot.com, and food delivery service, MrD, in the ongoing OIPMI inquiry.

South Africa > Dispute resolution Tier 2

Herbert Smith Freehills LLP’s ‘excellent‘ disputes team has a solid track record in handling a wide gamut of commercial litigation and alternative dispute resolution matters. The group’s recent workload includes instructions from the energy, construction, and financial services sectors. Department head Jonathan Ripley-Evans stands out for his ‘excellent strategic advice‘ on international arbitration and disputes in the engineering, mining, hospitality and tourism sectors. Cameron Dunstan-Smith leads the corporate crime and investigations group, and is active in cross-border investigations and compliance work. Fiorella Noriega del Valle, Candice Grieve and Ryan Hosking are singled out for their contributions.

Practice head(s):

Jonathan Ripley-Evans; Cameron Dunstan-Smith

Testimonials

‘Led by Jonathan Ripley-Evans, the team is exceptionally able and efficient and are able to undertake complex and urgent work without much difficulty.’

‘Fiorella Noregia Del Valle – superb output quality. Ryan Hosking and Candice Grieve – very able associates.’

‘Jonathan Ripley-Evans and Candice Grieve are excellent at building and maintaining client relationships. They listen to our needs as a client and are able to provide extremely valuable insights.’

Jonathan is respectful, kind and amazing at his job. I have also had the pleasure of working closely with Candice on a matter and was blown away by her professionalism, her approach to the matter at hand, her strong communication skills and also how dedicated she was.’

Jonathan Ripley-Evans and Fiorella Noriega Del Valle show commitment to providing the best possible client service. They have in all instances gone above and beyond to satisfy our requirements.’

Key clients

G7 Renewable Energies (Pty) Ltd

EDF Renewables

Binance

Kapsch Trafficom AG

Mercedes Benz South Africa (Pty) Limited

Scatec Solar Africa (Pty) Ltd

Takealot Online (RF) (PTY) LTD

Standard Bank Group Ltd

Mulilo Total Coega (Pty) Ltd & Mulilo Total Hydra Storage (Pty) Ltd

Tourvest Holdings (Pty) Limited

Thales Group South Africa (Pty) Ltd (Thales Group South Africa)

Kaxu Solar One (RF) Proprietary Limited

Oya Energy (Pty) Ltd

Umoyilanga (Pty) Ltd

ACWA Power Energy Africa (Pty) Ltd

Gartner, Inc.

NTT Communications

Work highlights

  • Representing Kapsch Trafficom AG in arbitration proceedings against Lamise Trading, in relation to a dispute arising from the shareholders agreement concluded by the entities.
  • Representing G7 Renewable Energies in judicial review proceedings concerning the setting aside of Eskom’s IGCA rules; the client had applied for grid capacity allocation from Eskom concerning two wind energy projects owned by the client, and brought proceedings against Eskom on the grounds that the IGCA Rules were introduced ultra vires, Eskom did not have the legislative or regulatory power to implement the rules, and also that the procedure by which the rules were introduced was materially flawed.
  • Representing Thales South Africa Proprietary Limited in ongoing proceedings concerning its being charged as a co-accused with former President Jacob Zuma, in a criminal case.

South Africa > Mining Tier 3

Patrick Leyden heads Herbert Smith Freehills LLP’s mining team, which advises on a broad range of transactional and contentious work in the industry. The client base includes government departments, international and local companies and non-profit organisations. Leyden is sought after for his expertise in advising on cross-border M&A in the mining space. Ernst Muller brings experience in assisting multinational mining companies with ESG matters. Peter Leon is now based in the London office, and acts as the firm’s global chair of its Africa group.

Practice head(s):

Patrick Leyden

Other key lawyers:

Key clients

Natal Portland Cement Company (Proprietary) Limited

Anglo American Plc

Harmony Gold Mining Company Limited

China Molybdenum Company Limited (CMOC)

CIMIC Group Limited

POSCO

Pala Investment Limited

Green Hydrogen Organisation |International Lawyers Project (pro bono)

Thiess (Proprietary) Limited

Herbert Smith Freehills is a leading global law firm with over 5,000 people, including 2,600 lawyers, in 24 offices across Africa, Asia, Australia, Europe, the Middle East and the US.

As one of the world’s leading law firms, we advise many of the biggest and most ambitious organisations across all major regions of the globe. Our clients trust us with their most important transactions, disputes and projects because of our ability to cut through complexity and mitigate risk. We offer local insight and seamless cross-border service in all major regions. Positioned to support the major trade flows, we help the world’s top companies thrive in the global economy.

Seven of our 24 global offices are located in Europe including offices in Belfast, Brussels, Düsseldorf, Frankfurt, Madrid, Milan and Paris. A pre-eminent and recognised firm in litigation, arbitration, contentious regulatory work, public and private M&A, private equity, capital markets, infrastructure, dispute resolution, real estate, restructuring and insolvency, PPP, energy, ESG and banking and finance; we have advised on European transactions for over 50 years and today our multidisciplinary teams act for international clients conducting business across Europe and the rest of the world. Herbert Smith Freehills is now a top 20 firm in Continental Europe by lawyer headcount.

We work with domestic and international investors, governments, financial institutions and asset managers as well as IBEX 35 companies and a large number of CAC 40 and SBF 120 companies. With a major focus on cross-border work we operate seamlessly within our global network partnering with our clients to gain an in-depth understanding of their environment to provide our clients with the highest level of service.

Our EU law experts have handled a large number of cases in the EU courts and guide clients through the EU’s legislative and administrative processes. Our teams have an excellent understanding of the workings of the EU, drawing on the experience of former secondees, officials and judges at the European Commission and EU courts. Our Brussels office is also the hub of our global International Trade/WTO practice, acting on disputes under the WTO dispute settlement mechanism and advising on market access strategies, sanctions, export controls and trade remedy matters.

Herbert Smith Freehills is the largest fully integrated law firm in Asia Pacific and is one of the world’s top ranked and most experienced energy & resources firms; a globally pre-eminent and recognised firm in litigation, arbitration and contentious regulatory work; and an international leader in M&A, private equity, capital markets, infrastructure and banking and finance.

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