Our PPP projects are largely infrastructure development based, involving the design, construction and operation of a public sector facility or service by private sector party, with improved experience and efficiencies, value for money and appropriate risk transfer. To date, we have been involved in providing legal services in, among others, the following PPP projects:
dti Accommodation Project
Advising the dti on procurement of a private sector PPP partner (RFQ, RFP, Treasury Approvals), administrative law issues, drafting and negotiating the PPP (concession) agreement, and ancillary agreements, including lease agreement. Reviewing and advising on the sub-contracting agreements in relation to the Concessionaire parties and obligations.
May 2001 – July 2003 / Pretoria, South Africa
Gautrain Rapid Rail Link Project
Advising the Gauteng Provincial Government as part of the Transaction Advisor team, on legislative regime, administrative law, land acquisition, feasibility study, treasury approvals, procurement documentation, preparing and negotiating the PPP (Concession) Agreement, assisting with the implementation of the Concession Agreement and dispute resolution processes including arbitrations.
Commercial and Financial 2001 – September 2006 & January 2007 / Service commencement – 2010 / Johannesburg, South Africa
Gauteng Provincial Government Precinct Accommodation Project
General advisory service to Gauteng Provincial Government on property (land) acquisition and financing thereof, feasibility study, treasury approvals, and procurement documentation.
February 2002 – Project terminated as a PPP in 2007 / Johannesburg, South Africa
Presidential Job Summit Pilot Project On Housing
General advisory service to the National Housing Finance Corporation on the structuring and implementation of a social housing project on a PPP/project financing basis.
Project was discontinued after feasibility phase / South Africa
Department of Correctional Services Correctional Centres Project
General legal advisory role on the DCS Correctional Centres project, which entails the review of the existing PPP Projects for the DCS, with the view to restructure them, and the establishment of new correctional centres on a PPP basis, run by private sector.
March 2004 – Project was put on hold after receipt of RFP responses / South Africa
Slate Mining CPPP
General advisory services to DBSA in evaluating a possible project for the establishment of a community slate mine and acquisition of land.
2003 / Dinokana, Zeerust, North West Province
Accommodation Project for Ministry of Works and Transport, Botswana
Advising the government of Botswana on procurement of a private sector PPP partner (RFQ and RFP), administrative law issues, drafting and negotiating the PPP (concession) agreement, and ancillary agreements, for provision of accommodation facilities.
Jan 2005 – Project was discontinued by client after appointment of preferred bidder / Gaborone, Botswana
Accommodation Project for the City of Tshwane
Advising the City of Tshwane on procurement of a private sector PPP partner (RFQ, RFP, Treasury Approvals), administrative law issues, drafting and negotiating the PPP (concession) agreement and ancillary agreements, for development of an accommodation precinct and provision of services for the City of Tshwane. Reviewing and advising on the sub-contracting agreements in relation to the Concessionaire parties and obligations.
March 2005 – Financial Close planned for 2014 / Tshwane (Pretoria), Gauteng Province
Free State PPP Schools Project
Advising the Free State Provincial Government on procurement of a private sector PPP partner (RFQ, RFP, Treasury Approvals), administrative law issues, and upon issuance of the relevant Treasury Approvals, drafting and negotiating the PPP (concession) agreement, and ancillary agreements, including lease agreement. Reviewing and advising on the sub-contracting agreements and financing agreements in relation to the Concessionaire parties and obligations.
January 2006 – Project was discontinued after feasibility stage / Bloemfontein, Free State Province
Accommodation Project for the South Africa Development Community (SADC)
Advising the preferred bidder as the private sector PPP partner sought by SADC to undertake, on a limited recourse project finance basis, the design, construction, operation and maintenance of head office accommodation in Gaborone, Botswana. Advice relates to the negotiation and conclusion of the PPP Agreement, its schedules, the construction and operations subcontracts, shareholder and equity agreements, and negotiating the financing agreements and security documents.
Commercial July 2006 – August 2007 Financial close July 2006 – Oct 2007/ Gaborone, Botswana
Department of Education e-Education Project
Advising the Department of Education on the implementation of e-education, entailing the procurement of infrastructure, network connectivity, professional development, curriculum integration, research and human resource systems, in all South African schools and 50 FET Colleges.
April 2007 – Project was discontinued after feasibility stage / Pretoria, Gauteng Province
KwaZulu-Natal Provincial Government Precinct Accommodation and Legislature Complex Project
Advising the KwaZulu-Natal Provincial Government on the procurement of a private sector PPP partner (RFQ, RFP and Treasury Approvals), administrative law issues, drafting and negotiating the PPP agreement, and ancillary agreements, for development of an accommodation precinct and legislature complex for the KwaZulu-Natal Provincial Government and Legislature. Reviewing and advising on the sub-contracting agreements in relation to the private party principle contractors and obligations.
May 2007 – Project was discontinued after feasibility stage / Pietermaritzburg, KZN Province
Department of Foreign Affairs
Advising National Treasury with regards to matters related to issuance of TAIII Approval to the Department of Foreign Affairs having reviewed the submitted documentation by the Department of Foreign Affairs in support of its application for TAIII Approval.
October 2007 – Closed / Pretoria, Gauteng Province
Statistics SA
Advising the Department of Statistics on the procurement of a private sector PPP partner (RFQ and RFP), administrative law issues, obtaining requisite treasury approvals, assisting in developing an evaluation framework, advice on the evaluation of proposals, leading to the drafting and negotiating the PPP (concession) Agreement, and ancillary agreements, for provision of accommodation facilities Advising on structuring the Economic Development objectives for the project and structuring the procurement and contractual commitments relating to Economic Development objectives.
January 2010 – Financial close April 2014 / Pretoria, Gauteng Province
National and Gauteng Departments of Health
Advising the National and Gauteng Departments of Health on its procurement of a private sector party to design, construct, finance, operate and maintain the physical structure of a new tertiary hospital at Chris Hani Baragwanath Academic Hospital in Soweto, Johannesburg on PPP basis Advising on structuring the Economic Development objectives for the project and structuring the procurement and contractual commitments relating to Economic Development objectives.
August 2010 – Project is on-going / Johannesburg, Gauteng Province
National and Limpopo Departments of Health
Advising the National and Limpopo Departments of Health on its procurement of a private sector party to design, construct, finance, operate and maintain the physical structure of a new tertiary hospital at Polokwane.
December 2010 – Project is on-going / Polokwane, Limpopo Province
