What are the most significant cases and transactions that your legal team has recently been involved in?

In the past 18 months, we have successfully closed over 500MW of solar projects. I have led the legal workstream for closing 200MW of solar power for Tronox mines and smelters in South Africa. Tronox is the world’s leading integrated manufacturer of titanium dioxide pigment.

Additionally, I played a key role in closing a 132MW solar power project for the platinum mining operations of African Rainbow Minerals. Moreover, I was involved in closing a 195MW solar project, the first of its kind, which will deliver clean energy to multiple buyers, including three multinational anchor offtakers.

How do you see the general counsel role evolving in South Africa over the next five-ten years?

This is a tumultuous time for South African corporates. Strained economic, socio-economic, and climate challenges all require new thinking. Corporate counsel is going to be increasingly called upon to help solve these issues and provide innovative solutions to business hurdles. Keeping an eye on and managing risks will always play a significant part in the role, but what is important is that we ensure that the office (of counsel) is a conduit for business and not obstructive to strategies.

Technical expertise and knowledge of the law will always stand one in good stead, but learning how to find solutions outside of the text is just as important. A good counsel does not merely cite what the contract says but can also indicate how this practically applies to the business and collaborate with the team to mitigate disruptions. Where in the past certain lawyers have used their expertise to exclude, I have found that being able to distil (sometimes complex) concepts into simple terms has helped me advance further in my career.

There is also a growing need to use technology to make one’s work more efficient. However, for maximum results, in-house counsel need to sit in executive committees and similar management bodies so that they have a holistic understanding of where the business is going and can work better to serve this purpose.

What are some of the key developments that have affected your business over the past year?

The COVID-19 pandemic, ongoing load-shedding, and strained economic conditions have collectively affected the way we work, as well as how to contract for and respond to the pandemic and the resulting supply chain disruptions.

Travel and manufacturing restrictions in Asia have also impacted the way in which we conduct business and the timing for the completion of our projects. Consequently, we have had to reconsider how we define certain concepts in light of the global pandemic and the resulting allocation of risk.

On a more personal level, following the late 2021 amendment of Schedule 2 of the Electricity Regulation Act, which allowed projects below 100MW to proceed without a generation license, Sola Group registered the first two 100MW projects. Since then, we have seen a rush of activity in the private power market, with energy-intensive users considering renewable energy to both manage their carbon emissions and provide a competitively priced alternative power source.

Recent actions, such as the release of the integrated resource plan for public comment and REIPPPP bid window 7, also seem to reaffirm our government’s belief in the role of renewables to assist in alleviating the electricity crisis.

How do you suggest in-house lawyers build strong relationships with business partners?

As simple as it may sound, asking questions is a good way to learn, grow, and disarm. Sometimes, I even ask questions when I ‘know’ the answer, simply to get a different perspective. I also always encourage counsel to learn how to communicate effectively, manage expectations, and maintain boundaries.

This includes being able to explain how you fit into the bigger organisational picture, educating on how you work, and stating your preferred style of work and how your colleagues and organisation can support you. Be collaborative and develop your problem-solving skills, and consistently deliver on this to strengthen relationships. Fiercely guard your reputation, ensure you maintain the integrity of your office, and lastly, be credible.