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Projects & Energy

CDH has experience across a broad spectrum of project related matters. We have been extensively involved in infrastructure and project finance, public private partnerships and energy projects in Southern Africa and across the African continent.

Energy Sector Services

Our expertise has grown in tandem with the need for infrastructure improvements in Africa and the heightened global focus on the continent as an investment destination. Our services include:

  • Project financing.
  • Procurement.
  • Public-private partnerships.
  • Drafting and negotiating contractual documents.
  • Construction and engineering.
  • Oil and gas.
  • Energy.

Energy Sector Brochures

Projects & Energy
Projects & Energy

Services

Energy Sector Services

Our expertise has grown in tandem with the need for infrastructure improvements in Africa and the heightened global focus on the continent as an investment destination. Our services include:

  • Project financing.
  • Procurement.
  • Public-private partnerships.
  • Drafting and negotiating contractual documents.
  • Construction and engineering.
  • Oil and gas.
  • Energy.

Brochures

Energy Sector Brochures

Projects & Energy
Projects & Energy

Projects & Energy Lawyers

Our Projects & Energy team has substantial experience in diverse infrastructure projects, project finance, PPPs, energy and oil and gas sector assignments in Kenya, Sub-Saharan Africa and across the rest of the African continent.

Our Projects & Energy Lawyers
SECTOR HEAD
Andrew van Niekerk

Andrew van Niekerk

Sector Head, Director - +27 (0)21 481 6491andrew.vanniekerk@cdhlegal.com

Our Work

Featured

Our team is representing SAPP, the electrical energy co-operation in Southern Africa, under the auspices of the SADC
Projects & Energy

Our team is representing SAPP, the electrical energy co-operation in Southern Africa, under the auspices of the SADC

Cliffe Dekker Hofmeyr is representing Southern African Power Pool (SAPP), the electrical energy co-operation in Southern Africa, under the auspices of the Southern African Development Community (SADC).

All

Eco (Atlantic) Oil and Gas

CDH represented Eco (Atlantic) Oil and Gas, listed on Toronto Venture Exchange and London AIM.  Our South Africa-based projects & infrastructure team advised Eco (Atlantic) Oil and Gas on its acquisition of Azinam Group.  The acquisition resulted in the issuance to Azinam Holdings of, in aggregate, 40,170,474 common shares (the new issue), providing Azinam Holdings with 16.5 per cent of Eco's share capital as enlarged by such issue (enlarged share capital), providing for a cashless acquisition to become the sole owner of Azinam's entire African portfolio. 

The National Petroleum Corporation of Namibia (NAMCOR)

Cliffe Dekker Hofmeyr represented NAMCOR, the Namibia-based national oil company.   Our South Africa-based projects & infrastructure team advised on NAMCOR's acquisition of oil producing asset in Angola from Sonangol Pesquisa E Produção.  This was achieved through the incorporation of a UK SPV,  Sungara Energies (Sungara), which in turn entered into an agreement with Sonangol to purchase a 10 per cent participating interest in Block 15/06, 40 per cent participating interest in Block 23 (with operatorship), and 35 per cent participating interest in Block 27 (the Transaction).  

Newcastle Energy

CDH is representing Newcastle Energy, the leading Australia-based proprietary company.  Our South Africa-based projects & infrastructure team is advising Newcastle Energy, as IPP counsel, on a 100MW embedded generation gas power project whereby Newcastle Energy will sell energy to third-party offtakers.  

Eco (Atlantic) Oil and Gas; Azinam Limited; Ricocure (Pty) Ltd

Cliffe Dekker Hofmeyr represented Eco (Atlantic) Oil and Gas (listed on TSXV and AIM), a leading Canada-based oil & gas exploration company; Ricocure, the leading South Africa-based oil and gas exploration company; and the current trustees of the Lunn Family Trust.  Our South Africa-based projects & energy team advised clients in relation to the acquisition by Eco (Atlantic) Oil and Gas (through wholly owned UK entity Azinam) of additional 6.25 per cent participating interest (PI) in the exploration right referenced 12/3/339 from the Lunn Family Trust, one of the shareholders of Ricocure (Proprietary) (Ricocure) (the Acquisition).

FATA

CDH is representing FATA, the leading Italy-based global company which operates in the field of plant engineering, procurement and construction.  Our South Africa-based projects & energy team is advising FATA as EPC counsel in respect of a renewable private sector IPP project being developed by Mulilo in South Africa. This is a critical and market-shaping project, as it will be one a of a handful of pioneering private sector independent power producer projects that would seek to create a lesser dependence on the purchase of power from Eskom and would seek to reduce the current grid and power load constraints affecting South Africa at large, thereby ensuring greater energy stability and security for South Africa.  

Broadreach

CDH represented Broadreach, the leading South Africa-based player in the energy sector and a portfolio company of private equity fund Metier Sustainable Capital Fund II.  Our South Africa-based projects & energy team advised Broadreach on its acquisition from Enertronica, the leading Italy-based company, of an indirect 35 per cent interest in Sertum Energy, which owns the 6MW Trekkopje Solar Plant in Namibia.  We also advised Broadreach in respect of the funding for the transaction and the refinancing of the Bank Windhoek funding.  

Puma Energy Tanzania; and Puma Energy South Africa

CDH is advising Puma Energy Tanzania, a subsidiary of Puma Energy, the leading Switzerland-based global mid- and downstream oil company.  Our South Africa-based projects & energy team is advising Puma Energy Tanzania on a matter relating to an agreement between Puma Energy and the Petroleum Bulk Procurement Agency of Tanzania (the Agency), which concluded an importation contract in compliance with Petroleum (Bulk Procurement) Regulations 2017 GN No. 198 of 2017 (Petroleum Regulations) and the Petroleum Act, 21 of 2015 (Petroleum Act) to import petroleum products into Tanzania.

Arcelor Mittal South Africa

CDH is representing Arcelor Mittal South Africa, the leading steel producer in Africa.  Our South Africa-based projects & infrastructure team is advising Arcelor Mittal South Africa as sponsor/developer counsel on the development of a 100MW embedded generation private sector photovoltaic power project, in the Gauteng of South Africa, and a 100MW embedded generation private sector wind project in the Western Cape of South Africa, which will supply electricity in accordance with a long-term power purchase agreement.  

Richard Bay Gas Power 2 Pty Ltd

Cliffe Dekker Hofmeyr is representing Richard Bay Gas Power 2, the South Africa-based gas power plant.  Our South Africa-based projects & infrastructure team is advising Richards Bay Gas Power 2 (Richards Bay) on the judicial review application brought by Groundwork Trust and South Durban Community Environmental Alliance against the Minister of Forestry, Fisheries and the Environment; the Chief Director: Integrated Environmental Authorisations Department of Forestry, Fisheries and the Environment; and Richards Bay, for granting an environmental authorisation a gas facility with a maximum export capacity of 400MW to be developed by Richards Bay. The matter involves Groundwork seeking an order to set aside the decision by the Minister to grant an environmental authorisation to Richards Bay for the establishment of a Gas to Power Project.  

Our Work

Our team is representing SAPP, the electrical energy co-operation in Southern Africa, under the auspices of the SADC
Projects & Energy

Our team is representing SAPP, the electrical energy co-operation in Southern Africa, under the auspices of the SADC

Cliffe Dekker Hofmeyr is representing Southern African Power Pool (SAPP), the electrical energy co-operation in Southern Africa, under the auspices of the Southern African Development Community (SADC).

Eco (Atlantic) Oil and Gas

CDH represented Eco (Atlantic) Oil and Gas, listed on Toronto Venture Exchange and London AIM.  Our South Africa-based projects & infrastructure team advised Eco (Atlantic) Oil and Gas on its acquisition of Azinam Group.  The acquisition resulted in the issuance to Azinam Holdings of, in aggregate, 40,170,474 common shares (the new issue), providing Azinam Holdings with 16.5 per cent of Eco's share capital as enlarged by such issue (enlarged share capital), providing for a cashless acquisition to become the sole owner of Azinam's entire African portfolio. 

The National Petroleum Corporation of Namibia (NAMCOR)

Cliffe Dekker Hofmeyr represented NAMCOR, the Namibia-based national oil company.   Our South Africa-based projects & infrastructure team advised on NAMCOR's acquisition of oil producing asset in Angola from Sonangol Pesquisa E Produção.  This was achieved through the incorporation of a UK SPV,  Sungara Energies (Sungara), which in turn entered into an agreement with Sonangol to purchase a 10 per cent participating interest in Block 15/06, 40 per cent participating interest in Block 23 (with operatorship), and 35 per cent participating interest in Block 27 (the Transaction).  

Newcastle Energy

CDH is representing Newcastle Energy, the leading Australia-based proprietary company.  Our South Africa-based projects & infrastructure team is advising Newcastle Energy, as IPP counsel, on a 100MW embedded generation gas power project whereby Newcastle Energy will sell energy to third-party offtakers.  

Eco (Atlantic) Oil and Gas; Azinam Limited; Ricocure (Pty) Ltd

Cliffe Dekker Hofmeyr represented Eco (Atlantic) Oil and Gas (listed on TSXV and AIM), a leading Canada-based oil & gas exploration company; Ricocure, the leading South Africa-based oil and gas exploration company; and the current trustees of the Lunn Family Trust.  Our South Africa-based projects & energy team advised clients in relation to the acquisition by Eco (Atlantic) Oil and Gas (through wholly owned UK entity Azinam) of additional 6.25 per cent participating interest (PI) in the exploration right referenced 12/3/339 from the Lunn Family Trust, one of the shareholders of Ricocure (Proprietary) (Ricocure) (the Acquisition).

FATA

CDH is representing FATA, the leading Italy-based global company which operates in the field of plant engineering, procurement and construction.  Our South Africa-based projects & energy team is advising FATA as EPC counsel in respect of a renewable private sector IPP project being developed by Mulilo in South Africa. This is a critical and market-shaping project, as it will be one a of a handful of pioneering private sector independent power producer projects that would seek to create a lesser dependence on the purchase of power from Eskom and would seek to reduce the current grid and power load constraints affecting South Africa at large, thereby ensuring greater energy stability and security for South Africa.  

Broadreach

CDH represented Broadreach, the leading South Africa-based player in the energy sector and a portfolio company of private equity fund Metier Sustainable Capital Fund II.  Our South Africa-based projects & energy team advised Broadreach on its acquisition from Enertronica, the leading Italy-based company, of an indirect 35 per cent interest in Sertum Energy, which owns the 6MW Trekkopje Solar Plant in Namibia.  We also advised Broadreach in respect of the funding for the transaction and the refinancing of the Bank Windhoek funding.  

Puma Energy Tanzania; and Puma Energy South Africa

CDH is advising Puma Energy Tanzania, a subsidiary of Puma Energy, the leading Switzerland-based global mid- and downstream oil company.  Our South Africa-based projects & energy team is advising Puma Energy Tanzania on a matter relating to an agreement between Puma Energy and the Petroleum Bulk Procurement Agency of Tanzania (the Agency), which concluded an importation contract in compliance with Petroleum (Bulk Procurement) Regulations 2017 GN No. 198 of 2017 (Petroleum Regulations) and the Petroleum Act, 21 of 2015 (Petroleum Act) to import petroleum products into Tanzania.

Arcelor Mittal South Africa

CDH is representing Arcelor Mittal South Africa, the leading steel producer in Africa.  Our South Africa-based projects & infrastructure team is advising Arcelor Mittal South Africa as sponsor/developer counsel on the development of a 100MW embedded generation private sector photovoltaic power project, in the Gauteng of South Africa, and a 100MW embedded generation private sector wind project in the Western Cape of South Africa, which will supply electricity in accordance with a long-term power purchase agreement.  

Richard Bay Gas Power 2 Pty Ltd

Cliffe Dekker Hofmeyr is representing Richard Bay Gas Power 2, the South Africa-based gas power plant.  Our South Africa-based projects & infrastructure team is advising Richards Bay Gas Power 2 (Richards Bay) on the judicial review application brought by Groundwork Trust and South Durban Community Environmental Alliance against the Minister of Forestry, Fisheries and the Environment; the Chief Director: Integrated Environmental Authorisations Department of Forestry, Fisheries and the Environment; and Richards Bay, for granting an environmental authorisation a gas facility with a maximum export capacity of 400MW to be developed by Richards Bay. The matter involves Groundwork seeking an order to set aside the decision by the Minister to grant an environmental authorisation to Richards Bay for the establishment of a Gas to Power Project.  

Projects & Energy News

More news
30 Oct 2024 Article

Quarterly Energy Market Update – Q3 2024

South Africa’s energy sector is undergoing significant change, as both public and private sectors seek to find ways to balance energy security with the country’s decarbonisation objectives. The CDH Quarterly Energy Market Update aims to highlight the material legal developments that are shaping the market, with the intention of distilling what is relevant for our clients and their businesses.
23 Oct 2024 Article

NERSA’s decision on Eskom’s curtailment application pending

In terms of a consultation paper released by the National Energy Regulator of South Africa (NERSA) on 5 July 2024 (Consultation Paper), Eskom submitted an application to NERSA on 24 May 2024 requesting approval for congestion curtailment to be treated as a constrained generation ancillary service for renewable energy resources (Application). Per the Consultation Paper, “ leveraging the intermittent nature of renewable energy resources, it becomes possible to connect more resources to the grid without exceeding the capacity of the grid for most of the time ”.
12 Sep 2024 Article

Power struggle: Eskom’s bid to reserve grid capacity denied

On 6 May 2024, Eskom submitted an application to the National Energy Regulator of South Africa (NERSA) in terms of section 21(2) of the Electricity Regulation Act 4 of 2006 (ERA), seeking NERSA’s approval to reserve and preserve grid connection capacity in favour of any project procured in terms of a ministerial determination published under section 34 of the ERA.

Happy Clients

"The team is competent and demonstrates in-depth knowledge in most areas of expertise."

Chambers Global 2022

A "one-stop shop for any speciality areas."

Chambers Global 2022

Discharge of advisory services with highest degree of integrity and objectivity.

Legal 500 EMEA 2020

The group works together as one integrated unit/team and has complementary skills.

Legal 500 EMEA 2020

Good in-depth knowledge of the energy sector, and able to provide constructive solutions to certain challenges.

Legal 500 EMEA 2020

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