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The firm is known for its detailed and knowledge-driven approach to matters, with a focus on driving transactions to a successful conclusion.

Award Winning Law Firm - Chambers Global Guide And Recognition


 

ENERGY, INFRASTRUCTURE AND NATURAL RESOURCES

ENERGY, INFRASTRUCTURE AND NATURAL RESOURCES

• Legal Counsel to the Minerals Development Company Botswana (Proprietary) Limited in respect of a number of confidential M&A related activities. (2017 – ongoing)

• Legal Counsel to the Minerals Development Company Botswana (Proprietary) Limited on the structuring of the Tier 2 assets transfer process and the drafting and coordination of the tender process in respect of procuring transactional advisors in relation to one of the Tier 2 assets.


• Legal Counsel to, and co-ordinator on behalf of, the Minerals Development Company Botswana (Proprietary) Limited on the acquisition of the BCL Group, the 15% Government interest in De Beers and the unbundling and subsequent acquisition of Morupule Coal Mine Limited. – Tier 1 assets. (2016 -2017).


• Confidential Client – drafting and settling a collaboration agreement between a commodity supplier and a prospective IPP producer (2017).


• Legal advisor to PwC Botswana in its partner’s capacity as Liquidator of Messina Copper Botswana (Proprietary) Limited, in terms of drafting a liquidation asset sale agreement as a non-going concern and associated advice. (2016)


• Legal advisor in a consortium with KPMG Botswana instructed by KPMG Korea to assist a foreign client in relation to the Mabesekwa Project – a 300 Mega Watt Power Station IPP Project to be established in Botswana to supply power to South Africa. KCL provided a full legal and regulatory report and regulatory matrix in respect of the anticipated project, from development up to the stage of power generation and cross border supply. This included advice on regional power supply agreements and their impact on the proposed project. (2016).


• Legal opinion for Morupule Coal Mine Limited on the raising of specific Cumulative Off-take Failure (COTF) invoices arising from a Coal Supply Agreement (2015).


• Confidential Client – Botswana legal advisor to a short-listed bidder on regulatory and corporate issues pursuant to a tender for the engineering, design, procurement, construction, operation, and ultimate decommissioning of a power plant and ancillary infrastructure – Morupule B Phase II Units 5 & 6. (2015)

 

• Confidential Client – assisted as local counsel in Botswana to Norton Rose Fulbright to perform a due diligence on a target in Botswana pursuant to a potential M&A transaction in the rail industry (2014).

• Botswana legal counsel acting with Norton Rose Fulbright South Africa as international legal counsel on the purchase and specifically the mining, corporate and property due diligence by BCL Limited of the Norilsk Group’s interests in Tati Nickel Mining Company Limited and other Botswana mining interests and the ministerial consent to the transfer (2014).


• Legal advisor and member of core team to a PwC Consortium advising the Ministry of Mines, Minerals, Energy and Water Resources on the design and commissioning of a Minerals Investment Company for the Government of Botswana. This included, inter alia, a legal due diligence on all current Government mining interests for the purpose of making recommendations on transfer, the drafting of constitutional and corporate governance documents relating to the SPV, and of the Minerals Development Company of Botswana Limited, as well as reports and structuring advice covering aspects relating to governance of state-owned entities; recommendations of the World Bank, IMF, AU and the African Mining Vision in terms of management of state-owned mining resources; the transfer of the Botswana government assets; competition law; corporate governance and wider issues such as the legal implications of state-owned enterprises and their role in governance of the industry and issues of competitive-neutrality (2013-2014).


• USD 34.2 Million Sale of Mupane Gold Mine: Botswana legal counsel for the sale of the Australian companies that owned and operated Mupane Gold Mine (Botswana’s only gold mine); KCL provided the only Botswana legal opinion on corporate and title matters. This opinion was relied on by the sellers, purchasers, the underwriters and the Toronto Stock Exchange Venture Exchange (2011).