Practice AREA
Infrastructure Development Projects
MHA has extensively advised clients regarding the complex regulatory framework related to infrastructure development projects including Public Private Partnerships (PPPs), concessions and Bus Rapid Transit System (BRT) projects.
The services offered under this scope include:
- Undertaking feasibility studies.
- Undertaking regulatory reviews.
- Advising on legal structuring of projects including appropriate project finance structure.
- Advising on procurement issues (including Treasury Approvals).
- Providing legal assistance in relation to submission of bids for infrastructure projects including commenting on draft project agreements.
- Drafting, commenting on and/or negotiating project agreements including concession, PPP agreements (including the construction and operator subcontract contracts) and bus operating company agreements (BOCA).
- Attending to the fulfilment of Conditions Precedent including drafting necessary resolutions and obtaining necessary regulatory and contractual approvals.
Our infrastructure development projects team is headed by Jim Matemane and Jackie Huntley.
- Advised Transnet International Holdings in relation to the financing and procurement of port terminal equipment and operation of three berths for a period of 25 years in the Port of Lamu in Kenya.
- Advised the Polokwane Municipality in respect of a PPP project relating to the construction, financing, operation and maintenance of the Waste Water Treatment Works Plant.
- Advised Simeka Capital Holdings on a project relating to the construction of office and residential accommodation for the Department of International Relations and Cooperation in New York, USA, which involved advising on financing agreements and security packages to be provided by government.
- 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 the City of Johannesburg in Phase 1A of the Rea Vaya BRT Project, which entailed raising ECA Funding from the Brazilian Development Bank (BNDES), which is the main financing agent for development in Brazil and dealing with very complex issues around transformation of the public transport sector, particularly the taxi industry.
- Advised Maponya Development (Pty) Ltd in submitting a bid for a PPP project for the design, finance, construction, ownership, operation, maintenance and decommissioning of Suitable and Sustainable Serviced Accommodation for the Gauteng Provincial Government in respect of clusters 1, 2, 3 and 4 which included advise on the draft PPP agreement.
- Advised the Polokwane Municipality on the implementation of the Leeto la Polokwane Phase 1A Integrated Rapid Public Transport System (IPTN).
- Advised the Bus operators on behalf of eThekwini Transport Authority (ETA) on the implementation of Phase 1 of the Integrated Rapid Public Transport Network (IRPTN) to ensure that the Bus operators have meaningful participation in the IRPTN .
- 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 which included advice on draft coal supply agreement, draft power purchase agreement and engagement mandates letters with EPC, OEM and O&M contractors.
- Advised a private company which has been appointed to, amongst others, design, construct, operate, maintain and finance a solar plant for the Masilonyana Local Municipality. The assignment included advising on, inter alia, project structure including whether it is a power supply model (PPA and access to municipal and Eskom grid) or a service provider model (EPC and O&M model).
KEY CONTACTS
- 27117838020
- 27827724796
- huntleyj@mhalaw.co.za
- 27117838020
- 27836753069
- matemane@mhalaw.co.za
MAKE AN ENQUIRY
- Tel: +27 11 783 8020
- Fax: +27 11 783 3842
Address
107 Johan Avenue Block B, Wierda Court Dennehof, Sandton 2196 Johannesburg, South Africa.
- 2024
- Mkhabela Huntley Attorneys Inc. All rights reserved.