Practice AREA

Energy Law

Our energy law practice has advised numerous institutions and sector regulators on Energy law including electricity regulation (including new generation capacity, renewable energy, and public private partnerships), oil and gas, and infrastructure-related matters.

The department is led by Jim Matemane, who has developed a breadth of knowledge and insight into the energy industry and the economic activities related to the production, generation, distribution, and consumption of energy, as a fundamental resource essential for economic development.

MHA offers the following services:

Advising on legal, regulatory and compliance issues.
Advising on the energy law aspects of electricity, renewable energy and oil and gas infrastructure development projects.
Providing legal opinions on electricity, renewable energy and oil and gas related issues.
Drafting of transaction agreements as well as supply, transportation, distribution and trading agreements.
Applications for licences, including petroleum pipelines and piped gas related licences.
Advising on general aspects of the REIPP Programme
Advising bidders on any legal aspects regarding bidding under the REIPP Programme.
Advising developmental funding institutions when funding a REIPP Project.
Appearances before NERSA in relation to licence applications.

The department’s regular clients include Transnet (including TNPA), Central Energy Fund (including PetroSA, iGas and the SFF), and NERSA.

The firm is uniquely positioned to advise clients on legal matters related to electricity generation (including Independent Power Producer projects) and projects involving oil and gas production, storage, and distribution.

The firm is committed to playing its part in the South African economy’s transition to cleaner and more sustainable energy sources.

Part of the transaction advisory team that advised iGas in relation to the exercise of its pre-emptive rights to acquire shares held by Sasol in ROMPCO. This matter involved, inter alia, undertaking a legal due diligence investigation in respect of ROMPCO which included a review of and/or advise on long-term finance agreements, contractual arrangements relating to the three (3) gas transportation agreements (i.e., GTA I, II & III), gas supply agreements both in the upstream and downstream and NERSA licencing and tariff regimes around the three (3) GTAs, M&O agreements, as well as management services agreements and service level agreements. We have further provided advice on the applicable regulatory and licensing framework.
Currently advising a South African state-owned gas company in relation to (1) the importation of natural gas from Mozambique for distribution in South Africa in partnership with a Mozambiquan counterpart state owned company and (2) the establishment of a -joint venture company (SPV) between the two entities.
Undertook a forensic investigation on behalf of Transnet in respect of the awarding of concessions for the design, construction, operation, maintenance and financing of four different liquid bulk storage facilities at a land called Ambrose Park outside the Port of Durban.
Advised Transnet in relation to its proposed participation as a state owned equity partner in the public private partnership that was to be engaged by the DOE under the IPP Procurement Programme to import LNG and for the design, construction, operation, maintenance and finance of a regasification plant at the port of Richards Bay and supply Eskom’s gas-to-power station that was to be established in close proximity of the Richards Bay port.
Advised Transnet on its proposed involvement in the establishment of a natural gas market in South Africa on the back of Transnet’s proposed participation in the Public Private Partnership focusing on Inland supply of gas from Richards Bay to the Gauteng market.
Advised NERSA in respect of a review application brought by Eskom to set aside the decision of NERSA in relation to the Eskom’s application for tariff increases (revenue determination) for the 2018/19 financial year and remitting the application to NERSA for redetermination.
Advised a pre-selected bidder in submitting a bid for a contract for the design, finance, construction, ownership, operation, maintenance and decommissioning of 300MW coal power station in Botswana.
Advised a private company which was appointed to, inter alia, design, construct, operate, maintain and finance a solar plant for the Masilonyana Local Municipality.
Advised the IPP Office of the DoE as Legal Independent Reviewer in respect of evaluations done by the legal and commercial work stream, the environment work stream and the land work stream, in respect of Second Stage Two under the Small Projects IPP Procurement Programme.
Advised the Public Investment Corporation (“the PIC”) on the acquisition of an equity interest in one of the Renewable Energy Independent Power Producer Procurement Programme (the REIPPPPs”), which will on implementation, hold electricity generation licences permitting each to construct, own, operate and maintain, and to generate and sell energy from 64MW solar photovoltaic power generation facilities in the Northern Cape and Free State.
Advised EDI Holdings SOC LTD on the proposed establishment of the REDs (Regional Electricity Distributors) and the formulation of a deal structure for the restructuring of the electricity distribution industry in South Africa.
Appointed by the Department of Energy’s IPP Office to undertake an independent legal review on bid adjudication under the REIPP Programme, assessing the environmental issues pertaining to the project sites identified for REIPP Projects, the objective being to assess the readiness of the Bidder to deliver on time, given the process of obtaining environmental authorisations.
Advised NERSA on the legal and regulatory framework applicable to the new generation capacity and independent power producers.

Practice AREA

Energy Law

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Jim Matemane

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