Real Estate Archives - Werksmans Attorneys

Esna Mӓtschke

@werksmans — Thu, 17 Apr 2025 13:21:35 +0000

Esna Mӓtschke is a Senior Associate in the Real Estate practice Area. She holds a BA (Law), LLB and LLM from the University of Stellenbosch. Esna specialises in property development; drafting of commercial property agreements; notarial bonds and other notarial work; registration of mortgage bonds and general conveyancing practice.

Years of Experience: 3 years

Practice areas

Real Estate

Expertise

Commercial

Real Estate

Relevant Experience

Advising on:

Commercial property transactions;
Drafting of various commercial agreements;
Due diligence investigations;
Property development;
General conveyancing practice;
Transfer of ownership in conventional and sectional title scheme properties;
Consolidations;
Subdivisions;
Registration of mortgage bonds;
Notarial Bonds and other notarial work.

Career

Admitted as a Conveyancer and Notary, 2024
Admitted Attorney, 2024
LLM, Stellenbosch University
LLB, Stellenbosch University
BA (Law), Stellenbosch University

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Zandile Nonkasana

@werksmans — Thu, 17 Apr 2025 12:41:43 +0000

Zandile Nonkasana is a Senior Associate in the Real Estate practice area.

Practice areas

Real Estate

Expertise

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Relevant Experience

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Career

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Highlights

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Kristen Elliott

@werksmans — Thu, 17 Apr 2025 09:34:43 +0000

Kristen Elliott is a Senior Associate in the Real Estate practice area. She specialises in all aspects relating to Property law including general conveyancing practice; corporate real estate; notarial bonds and other notarial work; registration of mortgage bonds and the transfer of ownership in conventional and sectional title scheme properties. Kristen is able to advise on servitudes; consolidations; subdivisions and drafting of commercial property agreements.

Years of Experience: 1 year

Practice Areas

Real Estate

Expertise

General conveyancing practice
Corporate real estate
Notarial bonds and other notarial work
Registration of mortgage bonds
Transfer of ownership in conventional and sectional title scheme properties

Relevant Experience

Your Content Goes Here

Career

Admitted as an Attorney, Notary Public, and Conveyancer, 2021
LLB, University of Cape Town, 2018

Highlights

Dean’s Merit List, 2017 and 2018
Member of the Golden Key International Honour Society, 2015

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Taryn Potter

@werksmans — Mon, 14 Apr 2025 11:38:51 +0000

Taryn Potter is a Director in the Corporate Mergers & Acquisitions and Real Estate practice areas. She specialises in mergers & acquisitions; property law and real estate; listings; international and cross-border transactions; acquisitions and management/leverage buy-outs; corporate finance and structuring. Taryn also advises on matters related to the restructuring of corporate entities; employee incentivisation plans; incorporation of profit and non-profit companies; and various aspects of data privacy.

Years of Experience: 14 years (post articles)

Practice Areas

Corporate Mergers & Acquisitions
Real Estate
Regulatory

Expertise

Mergers and acquisitions
Listings
International transactions
Acquisitions and management/leverage buy-outs
Black economic empowerment transactions
Corporate finance and structuring
Restructuring of corporate entities
Employee incentivisation plans
Incorporation of profit and non-profit companies
Commercial, Industrial and residential property transactions and lease arrangements

Relevant Experience

Advises on:

Mergers and acquisitions
Commercial, Industrial and residential property transactions and lease arrangements
Listings
International and cross-border transactions
Acquisitions and management/leverage buy-outs
Corporate finance and structuring
Restructuring of corporate entities
Employee incentivization plans
Incorporation of profit and non-profit companies

Advised / Represented / Acted on behalf of:

Franke Holding AG in relation to its disposal of Defy Appliances Pty Ltd to Ardutch BV
Clover Industries Ltd in respect of their listing on the JSE
Mix Telematics Ltd in respect of their listing on the NYSE
JP Morgan and Standard Bank (as underwriters) in respect of the Murray and Roberts rights offer
as South African legal counsel to Bank of America Merrill Lynch and Sanlam (as joint bookrunners) in respect of the Capitec Bank Holdings Ltd rights offer
Basil Read Holdings Ltd in relation to its disposal of TWP Holdings Pty Ltd to Worley Parsons Ltd
Cargo Carriers Ltd in respect of their disposal of interests in Zambia and Namibia
The Solutions Team in respect of their acquisition of shares in Vavasati Brand Logistics (Pty) Ltd
the J&J Group in relation to their exit from Macquarie
Vavasati Brand Logistics (Pty) Ltd in relation to their BEE restructuring
Investec Bank Ltd and Investec Property Pty Ltd on various commercial property transactions
The seller of the Hyatt Regency Hotel, Johannesburg
Westbrooke Asset Management (and group entities) in respect of the establishment of various section 12J structures and related property transactions
West Property Fund in respect of numerous acquisitions and corporate restructurings
Various seller entities in the sale of Hidden Valley Wine Estate
the majority shareholder of a South African energy company (under business rescue) in the acquisition by an undisclosed purchaser
Real Estate and Land Company Pty Ltd on various commercial property transactions

Career

LLB (University of Cape Town)
2008: Admitted as an Attorney and Notary Public
2011: Senior Associate: Werksmans
2014: Director, Werksmans

Highlights

Sir Richard Luyt Memorial Scholarship winner
Golden Key International Honor Society
Dean’s List

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Tania Volschenk

@werksmans — Mon, 14 Apr 2025 11:33:09 +0000

Tania Volschenk is a Director in the Environmental Law and Property & Real Estate practice areas. She specialises in property development; land use planning, and environmental and heritage law. A registered Professional Town Planner, Tania is also experienced in all town planning-related matters, i.e. rezoning and subdivision applications; environmental impact and basic assessments; township development; property commercial law; and the drafting of property-related agreements. She also advises on due diligence investigations; lease agreements; commercial property transactions; and sale and purchase agreements.

Practice Areas

Real Estate

Expertise

Property & Township Development
Land Use Planning, Environmental and Heritage Law
Registered Professional Town Planner
Experienced in all town planning related matters, ie rezoning and subdivision applications, most recently rezoning of Square kilometre Array land in the Northern Cape;
Environmental Impact & Basic Assessments
Property Commercial Law
Drafting of property related agreements
Due diligence investigations
Lease agreements
Commercial property transactions
Sale and purchase agreements

Relevant Experience

General property matters and related transactions which include rendering legislative and regulatory advice

Career

B.Tech: Town and Regional Planning (with distinction) (Cape Peninsula University of Technology)
LLB (University of South Africa)
2001- 2011: Town & Regional Planner, Dennis Moss Partnership Inc. (Stellenbosch)
2012: Consultant, Werksmans
2013: Candidate Attorney, Werksmans
2015: Associate, Werksmans
2018: Senior Associate, Werksmans

Highlights

Registered Professional Town Planner
Admitted Attorney, Conveyancer & Notary Public
Invited by UNESCO (United Nations Educational, Scientific and Cultural Organisation) to attend the 3rd World Congress of Biosphere Reserves (MAB Conference), assisting with drafting of Madrid Action Plan (MAP)

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Tahera Bata

@werksmans — Mon, 14 Apr 2025 11:27:52 +0000

Tahera Bata is a Director in the Real Estate practice area and specialises in conveyancing, corporate real estate, transfer of ownership in residential and commercial properties, mortgage bonds including commercial mortgage bonds, notarial bonds, notarial deeds, servitudes, township developments, consolidations, subdivisions, sectional title developments and due diligence investigations.

Years of Experience: 21 years

Practice Areas

Real Estate

Expertise

Conveyancing;
Corporate real estate
Transfer of ownership in residential and commercial properties;
Notarial bonds;
Notarial deeds;
Servitudes;
Township developments
Consolidations;
Subdivisions;
Sectional title developments and;
Due diligence investigations.

Relevant Experience

Your Content Goes Here

Career

BCom, University of Witwatersrand
LLB, University of South Africa
2007: Admitted as a conveyancer
2012: Director, Werksmans

Highlights

Member of The South African Property Owners Association (SAPOA)

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Khathu Neluheni

@werksmans — Sat, 12 Apr 2025 11:07:31 +0000

Khathu Neluheni is a Director practising in the commercial areas of Property & Real Estate as well as Corporate Mergers & Acquisitions. Her specialisations extend to providing advice and opinions relative to various aspects of property law, property due diligence as well as drafting various agreements relative to immovable property including the sale of property, the sale of letting/rental enterprises, and lease agreements. Complementary to the foregoing, she has experience in the transfer of ownership in residential and commercial properties, notarial deeds, servitudes, consolidations, subdivisions, and sectional title developments. In addition, she also advises on property finance and security and has experience in the drafting of registrable security documents including mortgage bonds and notarial bonds.

Khathu also practices in the corporate mergers and acquisitions practice group and has experience which includes advising both private and public companies in a wide range of commercial transactions including mergers and acquisitions, corporate group restructuring, due diligence investigations, and general corporate governance.

Years of Experience: 8 years

Practice Areas

Corporate Mergers & Acquisitions
Real Estate
Sustainability

Expertise

Takeovers, mergers and acquisitions, in both private and public markets
Broad‑based black economic empowerment transactions
Commercial transactions
Drafting of various commercial agreements
Corporate governance
Due diligence investigations
Group restructuring and reorganisation
Incorporation and registration of various commercial and non-commercial companies and organisations
Stock exchange compliance and offers to the public
Exchange control

Relevant Experience

Advised / Represented / Acted on behalf of:

Real Estate and Land Company, which entity forms part of the Investec group of companies, in respect of the negotiation and drafting of the sale and purchase of immovable property agreement in respect of its disposal of three sectional title schemes to Rustenburg Platinum Mines.
Bidvest Bank in connection with conducting a due diligence investigation of a listed company for the purpose of assisting in the assessment of the proposed granting of a term loan facility against the security of the registration of first covering mortgage bonds and other collateral security.
the Tsogo Sun Hotels group of companies on the negotiation and drafting of a memorandum of agreement and management agreements governing the property time-sharing scheme being managed and operated as a hotel business as well as the facilitating the programme which allows for the assignment and exchange by time shareowners of their rights to use vacation property.
Investec Property in its acquisition of the business of Amitofo Developments, which business comprised of a retail shopping center together with the lease arrangements in place and certain ancillary contracts. The business was purchased as a letting enterprise and as a going concern.
The Westbrooke group of companies in connection with various matters, including its acquisition of undivided shares in immovable property through a special purpose vehicle as well as the subscription for shares in that said vehicle, which transactions were implemented in accordance with section 12J of the Income Tax Act
The Government Employees Pension Fund; represented by its authorised representative, the Public Investment Corporation (SOC) Ltd in its acquisition of a 30% equity interest in Siyanda Resources by way of a subscription for shares. The primary object and main business of Siyanda Resources is investing in the mining industry and matters incidental and related thereto.

Career

LLB (cum laude) (University of the Witswatersrand)
2014: Candidate Attorney, Werksmans
2016: Associate, Werksmans
2018: Senior Associate, Werksmans
2021: Admitted as a Conveyancer
2022: Admitted as a Notary Public
2022: Director, Werksmans

Highlights

Ranked as a recommended lawyer by the Legal 500 | Real Estate | 2024.

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Hendrik Kotze

@werksmans — Sat, 12 Apr 2025 08:22:58 +0000

Hendrik Kotze is a Director in the Real Estate practice area. Hendrik advises on all aspects relating to real estate law – particularly commercial, industrial and residential property development. Most notable developments are the V&A Waterfront Cape Town; the proposed large scale Oakland City mixed use development project in Philippi Cape Town. Other notable recent property developments are the Fairmont, the Odyssey, the Kings- and the Strand Beach sectional title schemes in Sea Point; and the large scale mixed use Somerset Lakes Lifestyle development in Somerset West. Hendrik is named as a recommended lawyer in Real Estate by the Legal500 (2014 – 2021) and as a recommended lawyer in real estate by Chambers Global (2017 – 2020).

Practice Areas

Real Estate

Expertise

Conveyancing
- Notarial bonds and deeds
- Sectional title and cluster development
- Transfer of ownership in properties
- Registration of mortgage bonds and servitudes
- Consolidations
- Subdivisions
Property development
Environmental and heritage law
- Township development, including golf course and lifestyle estates
- Sectional title schemes
- Fractional ownership
Property commercial law
- Drafting of commercial agreements
- Due diligence investigations

Relevant Experience

Hendrik advises on all aspects relating to real estate law – particularly commercial, industrial and residential property development.

Career

BCom (University of the Free State)
LLB (University of South Africa)
LLM Property Law (University of the Witwatersrand)
HDip Tax Prac (Rand Afrikaans University)
1988: Partner, Jan S. De Villiers
2009: Director, Werksmans
Head of the Property & Real Estate practice area

Highlights

Ranked lawyer (Band 3) by Chambers Global | 2024 | Real Estate
Ranked lawyer (Band 2) by Chambers Global | 2017 – 2022 | Real Estate ‒ Sources regard him as a “very approachable” lawyer with “a client-oriented approach.”
Ranked lawyer by Legal 500 | 2014 – 2019 and 2021 | Real Estate
Editor of Conveyancing Bulletin
Member of South African Property Association (SAPOA)

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Aidan Kenny

@werksmans — Fri, 11 Apr 2025 10:56:59 +0000

Aidan Kenny is a Director in the Real Estate practice area. He advises on conveyancing; corporate real estate; due diligence investigations; notarial bonds and deeds; sectional title developments; transfer of ownership in properties; registration of mortgage bonds and servitudes; and consolidations of properties. Aidan is able to advise on subdivisions of properties; drafting of commercial agreements; mineral rights and water rights searches; vetting, drafting and registration of mining bonds; and other advisory work. He has been a Director at the firm since 2009 and is a member of the South African Property Owners Association (SAPOA).

Practice areas

Real Estate

Expertise

Conveyancing
Corporate real estate
Due diligence investigations
Notarial bonds and deeds
Sectional title developments
Transfer of ownership in properties
Registration of mortgage bonds and servitudes
Township developments
Consolidations of properties
Subdivisions of properties
Drafting of commercial agreements
Mineral rights and water rights searches
Vetting, drafting and registration of Mining bonds
Setting up of Trusts
Amendments of Trust
Vetting of leases
Drafting and registration of Antenuptial Contracts
Structuring of securities
Transfer duty advise
VAT advise
Capital Gains Tax
Drafting suretyships and indemnities
Advising of the validity of suretyships and surety bonds

Relevant Experience

Your Content Goes Here

Career

BProc (University of the Western Cape)
LLB (University of the Western Cape)
2002: Partner, Jan S. de Villiers
2009: Director, Werksmans

Highlights

Member of the South African Property Owners Association (SAPOA)
Appointed as an examiner for the Notarial Exam for Attorneys by the Law Society of Cape Town
Serving as a Executive committee member of the Cape Town Attorney Association.

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Justin Truter

@werksmans — Fri, 11 Apr 2025 04:43:37 +0000

Justin Truter is a Director and Head of Environmental practice area. He also advises in the Mining & Resources, Construction & Engineering and Infrastructure & Energy practice areas. Justin specialises in constitutional law; administrative law; environmental law; land use planning law; water law; heritage resources law; and mining law. He is the former chairman of the Western Cape Environmental Compliance and Enforcement Forum. His many major matters include advising the Western Cape Provincial Government on the environmental, land use planning and heritage aspects of the 2010 FIFA World Cup soccer stadium at Green Point.

Practice areas

Environmental
Infrastructure & Energy
Mining & Resources
Real Estate

Expertise

Constitutional law
Administrative law
Environmental law
Land use planning law
Water law
Heritage resources law
Mining law

Relevant Experience

Environmental due diligence investigations and reports.
Reviewing compliance with Environmental Management Systems and Standards including ISO 14001.
Environmental legal audits of companies and individuals to determine environmental compliance.
All aspects of environmental, water, agricultural, minerals, energy and petroleum resources, heritage resources, fisheries and land use planning legislation.
Government procurement and Tender law and all aspects of public sector legislation including the Public Finance Management Act and Treasury Regulations, Municipal Finance Management Act, Local Government: Municipal Structures Act and Municipal Systems Act.
High Court and Constitutional Court litigation; Environmental arbitration and conciliation.
Administrative appeals and objections in terms of the National Environmental Management Act, National Heritage Resources Act and Land Use Planning Ordinances.
Advising on renewable energy projects including wind energy plants, hydroelectric power stations, and solar energy projects.
Conservation Stewardship agreements.
Advising on large scale infrastructure projects locally and internationally. Projects include: various wind and solar energy projects, Wembley Stadium in the UK, the FIFA 2010 World Cup Soccer Stadium in Cape Town, advising the V&A Waterfront in Cape Town on new phases of development and a multi-million rand environmental rehabilitation, various golf and polo estates.

Renewable Energy Projects:

Conducting and reviewing environmental and land due diligence investigations in preparation for the Department of Energy’s IPP bid submission for project companies and lenders;
Providing legal opinions on environmental and land related aspects of the bids;
Liaising with various national, provincial and local authorities on permitting processes and status;
Liaising with the environmental and town planning specialists involved in the permitting application phase in order to ensure that bids are ripe for submission;
Advising on the amendment and splitting of environmental authorisations in order to ensure compliance with the IPP bid requirements and
Addressing any environmental and land clarification queries arising out of the bid consideration by the Department of Energy.
In addition to his wide-ranging experience in relation to South Africa’s domestic legal regime (with a particular focus on Environmental, Constitutional and Administrative law), Justin has worked as an environmental lawyer in the United Kingdom and Finland, is familiar with the U.K. EIA Regulations and the European Commission on the Environment’s Directives; and has given advice in relation to the environmental laws of other African states including Malawi, Zimbabwe, Namibia and Tanzania.

Career

BA LLB (Stellenbosch University)
Member of the Environmental Law Association
2009: Director, Werksmans

Highlights

Ranked lawyer (Band 2) by Chambers Global | 2020 – 2022, 2024, 2025, 2026 | Environment
Ranked as a leading Environmental lawyer by Best Lawyers International
Lead counsel to the Provincial Minister of Environmental Affairs on all environmental, heritage and land use planning legal aspects in relation to the development of the 2010 FIFA World Cup Soccer Stadium at Green Point, Cape Town
Former head of the Provincial Department of Environmental Affairs’ “Green Scorpions” directorate
Legal adviser to the Biodiversity Offsets Steering Committee
Legal adviser to the NEMA Law Reform Task Team
Chairman of the Western Cape Environmental Compliance Forum
Member of the National Environmental Compliance Forum and Minister’s National Working Group IV Committee responsible for environmental compliance, monitoring and law enforcement.
Justin has presented at the “Investing in Mining Indaba”, the world’s largest mining investment event and was invited by the Danish Government to host a session during the Wind Energy Indaba. He also chaired one of the expert panels during the International Bar Association’s African Regional Conference on the Environment.
He is a member of the Environmental Law Association.

Major clients include:

Shoprite Checkers
The New Reclamation Group
ASLA Holdings
SunEdison
Mainstream Renewable Energy
SolarReserve
Atlantic Renewable Energy Partners
African Clean Energy Developments
Red Cap Energy
Kropz Plc
Rand Water
The V&A Waterfront Development Company
Val de Vie Holdings
Total

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