Ledwaba Mazwai focuses on rendering legal services to commercial and corporate institutions in commercial transactions and related work (including significant BEE acquisitions) and to Government in commercial, administrative, tax and constitutional areas of law, particularly in relation to projects initiated and procured by government and public sector bodies involving major private sector investment and involvement.
We have worked hard to prove ourselves and to repeatedly conquer the odds. For this reason, excellence has become a habit in our daily work. and we thrive on integrating technical, financial and economic development solutions with innovative legal solutions.
Our areas of expertise
We are one of the leading law firms providing legal advice in relation to PPPs and infrastructure development related projects. To date, we have been involved in providing legal services in, among others, the following PPP projects:
- the campus office accommodation project for the Department of Trade and Industry (“the dti”);
- the Gautrain Rapid Rail Link Project for the Gauteng Provincial Government;
- the accommodation PPP project for the Ministry of Works and Transport of the Government of the Republic of Botswana, for development of head office accommodation for the Ministry of Environment, Wildlife and Tourism and the Ministry of Lands;
- the accommodation project for the City of Tshwane, for development of office accommodation for City of Tshwane’s service delivery environment;
- advising the Legislature of the province of KwaZulu-Natal on the proposed establishment of a new legislature complex, and the provincial government of KwaZulu-Natal on the proposed establishment of a government precinct;
- advising the private sector sponsor in the office accommodation project for the Southern African Development Community (SADC) in Gaborone, Botswana;
- advising the national Department of Health and Gauteng Department of Health on the revitalisation of the Chris Hani Baragwanath Academic Hospital; and
- advising the national Department of Health and Limpopo Department of Health on the establishment of a Limpopo Academic Hospital
Additionally, we provide legal advice to Department and Energy and National Treasury in relation to Independent Power Producer (“IPP”) projects. To date we have been involved in providing legal services in, among others, the following IPP projects:
- Advising the Department of Energy on the procurement and negotiation financial close on two of the peak power generation facilities at Avon (669,928 MW) and Dedisa (334,601 MW), which were procured as IPP projects;
- Advising the Department of Energy and National Treasury on the current roll out of the renewable energy projects on an IPP basis; and
- Advising on the Department of Energy and National Treasury on the base load new generation capacity programme.
We have successfully advised on the structuring of Economic Development in procurement initiatives, negotiating and have them as part of the contractual commitments of private sector parties participating in government procurement initiatives. We are proud of our intervention in developing the advancement of B-BBEE initiatives in government procurement initiatives contributing to empowerment of the historically disadvantaged.
We are familiar with the International Civil Aviation Organization (“ICAO”), its objectives and vision, such as to enhance global civil aviation safety, to enhance civil aviation security, to minimize the effects of global civil aviation on the environment to enhance efficiency of aviation operators and to strengthen law governing international civil aviation. We are also aware of the South African Civil Aviation Authority (“SACAA”) and its rules and regulations.
Our firm has also acted as an advisor to the Airports Company South Africa SOC Limited (“ACSA”), in the development of the Dube TradePort Project, which entailed the establishment of a multi-modal Dube TradePort export platform comprising of an international passenger and freight airport; a trade zone (including a cargo terminal being a commercial development orientated to attract freight users, value added logistics activities, and to grow cargo volumes and related activities) and an agri zone and its platform; and an associated support zone being a property development, intended to support the broader objectives of the Dube TradePort. Our involvement in the Dube Trade Port included drafting of transaction agreements, assisting with procurement process and review of financing arrangements.
We have also advised ACSA on land and other regulatory matters relating the development of a masterplan for the expansion of the OR Tambo International Airport.
We provide legal services through this department to state-owned enterprises, government departments and various private sector clients. We have gained experience and orientation with regard to the general workings and legal liability of matters related to labour and human resources issues. This is an area in which we have extensive expertise to offer. We also regularly:
- provide legal opinions and advice on labour law issues, regulatory and legislative environment;
- assist clients with the preparation of notice of disciplinary enquiries and charges to be preferred;
- assist clients with prosecuting charges brought against employees;
- provide assistance with chairing disciplinary enquiries;
- assist clients with representations in arbitrations before the Commission for Conciliation, Mediation and Arbitration (“CCMA”), and all proceedings before the Labour Court; and
- on request, we provide workshops/training for employees on labour and employment law issues.
- assisting with development and drafting of legislation and regulations for specific sector groups, such as energy, sports and transport legislation;
- reviewing and advising on the impact of legislation on projects intended to be implemented by government including the need for change in legislation;
- advising township establishment tribunals with adjudication of township establishment applications that are brought before the tribunal;
- assisting local municipalities with regard to enforcing compliance with zoning requirements, on the part of residents and business communities;
- assisting municipalities and other private sector clients with regard to the regulatory issues pertaining to township establishment, municipal law issues in relation property developments and appearance at hearings before the Townships Board;
- advising interested parties on regulations that are being developed by competent authorities where such regulations affect their business activities. Our involvement has entailed the review of draft legislation and regulations, preparing comments thereon for submission to the relevant authority and making presentations at the relevant authority (including Parliament) on draft legislation and regulations focusing on the impact of the client and the industry as a whole;
- assisting competent authorities with regard to enforcement of their regulations against transgressors;
- reviewing and advising departments and public entities on the application and impact of the Public Finance Management Act, 1 of 1999 (“PFMA”) including Treasury Regulations, and conducting workshops thereon;
- and advising, on competitive bidding processes, and reviewing regulatory framework for various restructuring transactions and other projects that we are involved in;
- and generally providing advice and opinions on compliance with other regulatory and license requirements, to both public and private sector clients.
In addition to the involvement in township establishment issues, our property department is currently involved in the registration of transfer of title in immovable property and of mortgage bonds.
- major acquisition transactions such as the Airbus aircraft fleet acquisition by South African Airways SOC Limited;
- other infrastructure projects, such as the establishment of an aluminium smelter at Coega Industrial Development Zone on a project finance basis, and other projects that we become involved in from time to time.
We have also had the opportunity to advise a number of our clients, including the Industrial Development Corporation SOC Limited (“IDC”) and Public Investment Corporation SOC Limited (“PIC”) on various lending transactions, where we were acting for the lender. We enjoy this aspect of commercial law and would welcome any opportunity to be involved in transactions involving financial structuring.
- the review and negotiation of coal mining related agreements,
- advising an empowerment consortium in acquiring equity in a mining company, and
- on-going legal services and advice to private sector clients in respect of various mineral and mining transactions. We would welcome any opportunity to provide further legal services and grow in this area of law.
- multi-disciplinary advisory teams where financial and tax consultants would propose one or more tax structures on which we would express a view on their soundness, and prepare or review the agreements delivering the preferred structure;
- tax policy to change the taxation regime for PPPs;
- acting for the South African Revenue Service (SARS) on various tax matters, investigations relating to tax evasion schemes and enquiries in terms of the Tax Administration Act, 2011
We would welcome any opportunity to provide legal services in this area of law and expand our current involvement.
- Gautrain Rapid Rail Link Project (“Gautrain”),
- The accommodation project for the Department of Trade and Industry;
- Blue IQ Supplier Park project The Coega aluminium smelter project; and
- More recently the new energy generation capacity through the IPP programmes.
In addition, Ledwaba Mazwai has been involved in advising in the implementation of the major infrastructure projects after the agreements have been concluded including in relation to dispute resolutions involving major and complex arbitrations. We are confident that we can provide good legal services related to infrastructure development projects and disputes bearing on our experience in establishing, procurement, negotiations, implementation and dispute resolutions involving major infrastructure projects.
In the pursuit of excellence, Ledwaba Mazwai remains committed to being a dynamic law firm, providing services of consistent high professional standards without compromising on the quality of our work and commitment to our clients. Our major projects continuously demonstrate this commitment.
“I am always doing that which I cannot do, in order that I may learn how to do it” Pablo Picasso