Our economic empowerment advisory work focuses on supporting our clients in their efforts to demonstrate a sustained commitment to the transformation of South Africa. In addition to our tailormade legal counsel in this respect, together with our clients, we design and implement initiatives aimed at creating jobs, supporting income – growth, ensuring the upskilling and economic upward mobility of South Africans within the broad parameters of the Mining Charter, Sector Specific Charters or Codes and the Broad – Based Black Economic Empowerment Codes of Good Practice. We undertake the following activities amongst others

• B-BBEE Scorecard Optimisation and Improvement, Including Periodic Tracking and Reporting
• Social Labour Plan Design, Tracking and Monitoring
• Enterprise and Supplier Development
• B-BBEE Scorecard Verification Preparation and Support
• Empowerment Training across all Charters and Codes
• B-BBEE Scorecard Gap Analysis
• B-BBEE Equity Ownership Structuring
• Design and Structuring of Equity Equivalent Programs for Multinationals

We assist our clients establish and maintain excellent corporate governance standards which are key to preserving business operations. We also provide company secretarial services to our clients to assist in supporting their administrative and compliance requirements.

We act for all parties in wide ranging commercial transactions whether it be purchasers, sellers, financiers, financial advisers, sponsors, directors and shareholders. We provide practical advice and extended support on all phases and aspects of a transaction from the due diligence investigation and reporting, to documenting the transaction and negotiations as well as providing ongoing and post transaction implementation support.

We have an established relationship with the JSE through acting on behalf of companies listed on the exchange operated by the JSE and making representations to the JSE. We also work regularly with the Takeover Regulation Panel, the Financial Surveillance Department of the South African Reserve Bank, and other government agencies having jurisdiction over commercial transactions

We have experience in structured financings on a limited recourse basis or with limited recourse features, whether involving bilateral or multi-lateral lending arrangements or multi-source financing.

Our team has deep expertise in providing counsel in respect of the following commercial transactions

• Joint Ventures and Strategic Alliances
• Restructurings, Demergers and Spin-Offs
• Public and Private Mergers and Acquisitions
• Distributions, Licensing, Agency and Re-Seller Arrangements
• Franchising
• Loans and Financings
• Business Establishment and Registration
• Corporate Governance and Company Law

Our team understands counsels' businesses in connection with their ongoing contractual relationships with domestic and international customers, suppliers and distributors. We provide advice on all forms of commercial contracts to support day-to-day and strategic business activities. Our experience extendes across sectors and regulatory regimes, including

• Broad-based black economic exmpowerment structures and advice
• Business establishment and registration
• Commercial advice and agreements
• Commercial disputes and arbitration
• Company law
• Competition law
• Constitutional law
• Corporate gorvenance
• Formation of companies, close corporations and trusts
• Joint ventures and partnerships
• Corporate structuring and restructuring
• Disposals
• Due dilligence investigations in relation to mergers and acquisitions
• Finance transactions

Our approach is to resolve disputes as quickly as possible whilst offering practical, commercial advice which allows for the possibility of exploring alternative methods of dispute resolution. We work closely with our clients to find the most appropriate solution in any dispute which may include non-adversarial methods.

We support our clients on the most complex disputes across all sectors including disputes with regulators by drawing on our strong expertise in administrative, constitutional and public law. We have a deep understanding of international law which facilitates our support in international arbitrations and cross border, multi – jurisdictional disputes.

Our Mining, Natural Resources and Energy team provides counsel to clients on all aspects relating to the regulatory environment in the sector including all licensing and permitting required pursuant to the ERA, Gas Act, Petroleum Pipelines Act, the National Energy Regulator Act, the Mineral and Petroleum Resources Development Act and all relevant policy including the Integrated Resources Plan.

Our deep expertise in technology law and tech – related transactions is a real differentiator for our clients. We advise on all aspects involving information technology holistically spanning the internet of things, software, blockchain technology, data security, privacy and integrity. We aim to equip our clients operating in this frontier sector with all the tools and counsel required to successfully navigate this nascent sector including mitigating risks associated with processing data in which respect we understand the legal frameworks, best practices and international standards required by businesses to develop robust information governance systems and processes.

Our regulatory specialists have deep experience working with regulators. We offer Our understanding of the legal and policy framework for public body decision - making enables us to offer pragmatic and strategic solutions to regulatory and public law related matters. We have had many successes in guiding both public and private sector clients through the complex regulatory regime of public procurement processes and various other interfaces with regulators including licensing, inspections, audits and enforcements.

We also regularly assist our multinational clients within the increasingly difficult area of anti-corruption compliance and enforcement, including the provision of anti-corruption training and policy design to comply with a growing number of legislation having extra-territorial application including the UK Bribery Act, US Foreign Corrupt Practices Act and the South African Prevention and Combating of Corrupt Practices Act. We also assist our clients with structuring their business to demonstrate a full understanding and respect of international conventions such as the OECD Convention on Combatting Bribery of Foreign Officials and the United Nations Convention Against Corruption.

A significant portion of our advisory work in this space involves advising multinational clients on the appointment and termination of executives, the restructuring of local operations, and the management and resolution of employee – related disputes. We support our clients by mediating disputes and appearing in all employment-related forums We also chair hearings on behalf of clients, including grievance, disciplinary and appeal hearings.

Our team has deep expertise in providing counsel in the following areas:

• Unfair Dismissal Disputes
• Retrenchments
• Strikes and Lock – Outs
• Sexual Harassment in the Workplace
• All forms of Harassment in the Workplace
• Contracts of Employment
• Restraints of Trade
• Employment Bonus Schemes
• Workplace Policies and Employee Training
• Workplace Investigations
• Disciplinary Hearings

Our SHE Team has proven skills and substantial experience in providing environmental law solutions in both the public and private sectors. We have assisted our clients in understanding the compliance framework as well as assessing potential or existing environmental risks and liabilities, including permitting and licensing requirements. We provide training to our clients' employees and audit our clients activities to minimise environmental exposure. We also provide counsel to our clients in the decommissioning, rehabilitation and closure stages of their projects.

We advise on all aspects of occupational health and safety laws and occupation health and safety legal risk management and keep clients updated on new development. We also provide training on these subjects through tailor made learning methods.

We undertake the following activities, amongst others:

• Auditing and due diligence studies
• Advising on and Reviewing Environmental Impact Assessments
• Environmental Risk Identification and Management
• Contamination and Remediation Advice
• Health and Safety Compliance Training
• Policy Drafting
• Resisting Prosecutions, Fines and Stoppage Orders
• Assistance in Managing Workplace Accidents