Regulatory

Werksmans acted as South African counsel and lead counsel to Vantage in relation to USD12,500,000 funding provided by Vantage to Purple Retail Limited (www.PurpleCapng.com), a prominent Nigerian real estate company, developer and financial service provider. The funding was used by Purple Retail Limited to fund as developer, the iconic 6,000m² Maryland Mall (www.MarylandMallng.com), a neighbourhood […]

Werksmans acted for Investec Property Fund in connection with the sale and financing of a property portfolio by Investec Property Fund to a newly established black economic empowerment company, Izandla Property Proprietary Limited. Werksmans negotiated and drafted all the financing documents in connection with the financing of the sale of the property portfolio.

After conducting investigations into the misuse of trust funds holding public money, we advised the Organisation Undoing Tax abuse (OUTA) to apply to the high court for a freezing order relating to the funds contained in 2 mine rehabilitation trusts which formed part of the infamous Gupta state capture. Outa was successful in obtaining a […]

We were appointed by WorleyParsons (RSA) Proprietary Limited to investigate and uncover various corrupt relationships which existed between certain WorleyParsons’ employees and various suppliers and clients, including State Owned Entities. The investigation resulted in the successful exiting of all identified employees.

We advised Mr Symington, in his capacity as an expert in pension fund law. He authored a memorandum which confirmed the lawfulness of an early retirement in respect of a high ranking official whith in SARS. This memorandum was purposefully concealed by both the erstwhile commissioner of SARS and lawenforcement which led to the attempted […]

Acting as Kerry Ingredients and Season to Season Flavour Manufacturing Proprietary Limited’s (“Season to Season”) lead competition law advisor in all aspects relating to the acquisition by Kerry Ingredients of the entire issued share capital of Season to Season. Given the economic growth in Africa together with the need for quality products, this strategic transaction […]

This matter involved large mergers (WBHO Construction Proprietary Limited, Raubex Proprietary Limited, Stefanutti Stock Proprietary Limited and seven emerging enterprises in the construction industry) which involve joint ventures between established, listed construction companies and various emerging black-owned construction companies, in order to give rise to skills transfer and transformation within the construction industry. These mergers […]

We are advise Hirt and Carter (a printed media group) on issues arising from the collapse of a temporary scaffolding structure erected at a Linkin Park concert held in Cape Town. H&C was cited as one of several parties held prima facie responsible for the death of an individual when the scaffolding structure collapsed. We […]

We advise BAIC Automotive SA (Pty) Ltd (parent company Chinese) on rights with regard to EPC contract with Beijing Industrial Design and Researching Institute Co. Ltd of China and draft comprehensive notice to correct by Employer. Also drafted section 37(2) mandatary agreement.

We advised Sasfin in relation to its acquisition of the entire loan book of Absa Technology Finance Solutions Proprietary Limited (a subsidiary of Absa Bank Limited, a company listed on the JSE (“ATFS”)) and ATFS’ information technology systems related to the management of the loan book, as well as taking over the staff of ATFS. […]

Werksmans advised Hammerson on South African law aspects of the all-share offer by Hammerson to acquire the entire issued and to be issued share capital of Intu Properties PLC (a UK company listed on the London Stock Exchange, with a secondary listing on the JSE and a constituent of the FTSE 250 Index) (“Intu”) to […]

We acted as the attorneys of record for Media24 Ltd and assisted Adv. John Butler SC and Adv. Marilaena Maddison with the necessary research and the drafting of the application and the founding affidavits. The matter originally arose out of an urgent application, brought by Media24 Ltd in the Cape High Court, that it be […]

Represented the National Energy Regulator of South Africa (NERSA) in review proceedings instituted by various major companies termed “Gas Users Group” against a decision of NERSA determining the maximum price that Sasol Limited, the sole supplier of Gas in South Africa, could charge its customers. This was the first case under the new Gas Act, […]

Lead counsel to ASLA Holdings in a successful application in the Western Cape High Court seeking to interdict the continuation with a large scale infrastructure project (the Ebenhaezer Bulk Irrigation pipeline) pending the judicial review of the tender award to a competitor. The successful completion of the project will unlock various community farming projects in […]

We play an ongoing role in representing Kropz in defending various appeals against the mining right and associated permits including water use licences in respect of their phosphate mine on the West Coast of South Africa – the second largest phosphate deposit in South Africa. We successfully represented Kropz in defending an appeal against their […]

A domain name complaint was filed with WIPO under the UDRP against a third party who had registered and was using the top level domain name capitec.com for pay-per-click advertising with links to unrelated third party web pages. This matter is important to Capitec Bank Limited established in South Africa in 2001 and named the […]

Outdoor Investments is the proprietor of a well-known mark SAFARI & OUTDOOR in relation to goods used in hunting and outdoor activities. The client is the largest retailer and supplier of the goods concerned. A competitor changed its name to SAFARI & COUNTRY. High Court proceedings were filed on the basis of trade mark infringement […]

Werksmans has been the lead attorneys acting for the principals of the Belvedere Group who are accused of administering the world’s largest Ponzi scheme by the press. These allegations have triggered investigations by the financial services regulators in Mauritius, Guernsey, the Cayman Islands and South Africa. Pending the finalisation of the investigations, a number of […]

Acting as lead counsel to Oakmont Capital Proprietary Limited in setting up a venture capital fund management structure, setting up a multi-tier private equity fund and providing regulatory advice and setting up a B-BBEE fund.

Werksmans represented PRASA Metrorail in its dispute with its former Senior Financial Manager regarding the fairness of his dismissal for gross misconduct relating to procurement of services and non-compliance with the Public Finance Management Act (PFMA). After succeeding at arbitration, we represented the client in opposing the employee’s application for the review and setting aside […]

We advised Environmental Resources Management Southern Africa Proprietary Limited on the restructuring of its entire South African operations including on how to manage redundancies, consultations with affected employees and represented client in retrenchment disputes and in negotiations with affected employees who were willing to opt for VSP’s. Client has offices in Malawi, Botswana and Mozambique […]

Werksmans represented Blue Label Telecoms in its successful acquisition of a 45% stake in Cell C, South Africa’s third mobile cellular telecommunications operator. We advised Blue Label on all aspects of the corporate structuring, associated litigation, anti-trust (competition law) advice and telecommunications regulatory advice.

As a multi-national broadcasting service, the DStv and GOtv broadcasting services are subject to multiple regulatory requirements in multiple countries. Our role was to put together a complete compliance programme for the business in Angola, Botswana, Ghana, Kenya, Mozambique, Namibia, Nigeria, South Africa, Tanzania, Uganda, Zanzibar, Zambia and Zimbabwe. Work done included reviewing all sector […]

Some of our matters include: Anglo Coal’s acquisition of a portion of Matla Mine from Exxaro.        ArcelorMittal’s acquisition of Thabazimbi Iron Ore Mine from Anglo.        Disposal of Anglo Platinum’s 50% share in Pandora Mine to Lonmin.        Advised Glencore on the sale of the Kendal Operation to Umhlaba Resources.        Acted for Samancor Chrome Limited in acquisition […]

In the past year, our pro bono team and other attorneys within Werksmans worked on a variety of matters across different legal fields. Domestic and Gender-Based Violence At the first Presidential Summit on Gender-based Violence and Femicide in 2018 – and again at the second summit in 2022 – gender-based violence was declared a “national […]

In the past year, our pro bono team and other lawyers from Werksmans worked on a variety of matters across different legal fields. The following are summaries of a few such matters. Blowing the Whistle The Whistleblower House referred an individual, Mr Q, who had discovered wrongdoing within the multi-national company that he worked for. […]

We continues to represent SANRAL with respect to the Gauteng Freeway Improvement Project including amendments to the requisite legislation to facilitate open road tolling and optimal and effective law enforcement and the procurement of an open road tolling system and a national clearing house. This being one of the largest open road toll projects in […]

Werksmans is advising the Sponsors and Project Company in connection with its successful bid for the development, design, financing, supply, construction, ownership, commissioning, testing, operation and maintenance of a 600MW coal fired power generation plant situated in the Limpopo Province of South Africa. This is under the Department of Energy’s Coal Baseload IPP Procurement Programme. […]

This matter under negotiation contemplates the development of a new hotel site in Rosebank, Johannesburg and the subsequent disposal of such site to a hotel group. Werksmans has been responsible for advising on the transaction structure as well as the drafting of the necessary agreements and ancillary documents, including the sale of rental enterprise agreement […]

Tsogo and Hospitality Property Fund Limited (“HPF”) have agreed to the acquisition by HPF of certain of the casino precinct properties, currently owned by the Tsogo group of companies in consideration for the issue by HPF of new shares in HPF. Werksmans is acting as the legal advisor to Tsogo Sun, specifically drafting/commenting on the […]

We provided international private equity investor SA tax and exchange control advice on the acquisition by an international investor of an interest in a Nigerian canning manufacturing operation and the expansion of the operation to SA.

We are providing advice to a Private Equity Fund Operating in Africa and Europe on setting up the fund from a SA tax and exchange control point of view. We advise on investments made by the new fund structure in SA and the UK as well as advising on complicated incentive plans for the investment […]

Advised the MultiChoice South Africa Group on the draft Electronic Communications Amendment Bill, in which the Minister of Telecommunications and Postal Services is proposing substantial amendments to the primary statute which regulates the electronic communications sector, including the administration of the sector by ICASA and the management of frequency spectrum, ex ante competition regulation in […]

Represented MTN at ICASA in disputes raised by Transnet Limited and Vodacom (Pty) Ltd respectively, relating to porting of mobile numbers in accordance with the porting regulations.