Represented:

• Life Healthcare on its disposal of 100% of its interest in its European based diagnostics business Alliance Medical Group (AMG) to iCON Infrastructure including in respect of the negotiation of the sale agreement, the approvals necessary under South African law to implement the sale and the restructure of some of Life’s South African and offshore debt (including amendments to its bond programme). This deal was awarded by DealMaker’s as Deal of The Year (2023).
• the dealer managers and solicitation agents on the South African law aspects in relation to the exchange offer issued by Edcon Bondco Ltd and Edcon Holdings Ltd to noteholders in respect of the outstanding €425 million senior notes due in 2019
• the South African guarantors and obligors under the Petra Diamonds US$ Treasury Plc senior secured second lien notes offering in the sum of €300 million
• Standard Bank of South Africa Limited, in its capacity as Arranger and Dealer, under the domestic medium term note programme established for Liberty Group Ltd in an amount of ZAR 5 billion and the issue of various tranches of notes thereunder
• Absa Bank Limited, in its capacity as Arranger and Dealer, under the domestic medium term note programme established for the Land and Agricultural Bank Development Bank of South Africa in an amount of ZAR 10 billion and the issue of various tranches of notes thereunder
• Absa Bank Ltd (acting through its Absa Capital division), in its capacity as Arranger and Dealer and the Development Bank of Southern Africa (in its capacity as issuer) on the establishment of a ZAR 15 billion domestic medium term note programme and the issue of notes thereunder
• BidvestCo Ltd and Bidvest Group Ltd in relation to the establishment of their ZAR 4.5 billion domestic medium term note programme. Advised FirstRand Bank Ltd (acting through its Rand Merchant Bank division), in its capacity as Dealer, on the issue of notes under the programme
• Absa Bank Limited, in its capacity as Arranger and Dealer, under the ZAR 4 billion domestic medium term note programme established for the Ekurhuleni Metropolitan Municipality and the issue of various tranches of notes thereunder
• Absa Bank Ltd, in its capacity as Arranger and Dealer, in connection with a ZAR 1.2 billion asset backed note programme for NBC Pension Backed Lending (Pty) Ltd
• Standard Bank of South Africa Limited, as Arranger and Dealer, in relation to the update of a number of residential mortgage backed note programmes under the auspices of Siyakha Fund (RF) Limited, Blue Granite Investments No. 1 (RF) Limited and Blue Granite Investments No. 2 (RF) Limited
• Standard Bank of South Africa Limited, as Arranger and Dealer, in relation to the establishment of a number of residential mortgage backed note programmes for SA Home Loans Proprietary Limited under the auspices of The Thekwini Fund 10 (RF) Limited, The Thekwini Fund 11 (RF) Limited, The Thekwini Fund 12 (RF) Limited, The Thekwini Fund 13 (RF) Limited, The Thekwini Fund 14 (RF) Limited, The Thekwini Fund 15 (RF) Limited, The Thekwini Fund 16 (RF) Limited, The Thekwini Fund 17 (RF) Limited, The Thekwini Fund 18 (RF) Limited, Amber House Fund 2 (RF) Limited, Amber House Fund 3 (RF) Limited, Amber House Fund 4 (RF) Limited, Amber House Fund 5 (RF) Limited, Amber House Fund 6 (RF) Limited and Amber House Fund 7 (RF) Limited
• Standard Bank of South Africa Limited, as Arranger and Dealer, in relation to the update of a number of residential mortgage backed note programmes under the auspices of Siyakha Fund (RF) Limited, Blue Granite Investments No. 1 (RF) Limited and Blue Granite Investments No. 2 (RF) Limited
• SA Home Loans Proprietary Limited, as Arranger, in relation to the establishment, update and amendment of a number of residential mortgage backed note programmes under the auspices of Milkwood Home Loans (RF) Limited, The Thekwini Fund 9 (RF) Limited, The Thekwini Fund 13 (RF) Limited, Amber House Fund 2 (RF) Limited, Amber House Fund 3 (RF) Limited, Amber House Fund 5 (RF) Limited, Amber House Fund 6 (RF) Limited and Amber House Fund 7 (RF) Limited
• Standard Bank of South Africa Limited, as Arranger and Dealer, in relation to the establishment of a serialised asset backed note programme for Blue Shield Investments 02 (RF) Limited
• Servest Proprietary Limited, Servest Facilities Services Proprietary Limited, Stohberg Facilities Management Proprietary Limited, Camp Management Services Botswana Proprietary Limited, Servest MultiServices Group Namibia Proprietary Limited, Servest MultiServices Group Botswana Proprietary Limited and ServeProp Proprietary Limited, in the capacity as borrower and guarantor’s local counsel, in relation to the negotiation and subsequent amendment of various ZAR facilities made available to the group by FirstRand Bank Limited, acting through its Rand Merchant Bank division (“RMB“), Absa Bank Limited, acting through its Absa Corporate and Investment Banking division (“Absa“) and Investec Asset Management Proprietary Limited (acting as agent on behalf of its clients) (“Investec“), which included the negotiation and drafting in relation to both on and offshore security packages
• Inter alia, Petra Diamonds Limited, Petra Diamonds UK Treasury Limited, Petra Diamonds Netherlands Treasury B.V., Petra Diamonds Jersey Treasury Limited, Petra Diamonds US$ Treasury Plc, Wilcroft Company Limited, Petra Diamonds Southern Africa Proprietary Limited, Blue Diamond Mines Proprietary Limited, Finsch Diamond Mine Proprietary Limited and Tarorite Proprietary Limited, in the capacity as borrower and guarantor’s local counsel, in relation to, inter alia, the refinancing of various ZAR and USD facilities with, inter alia, RMB, Nedbank Limited, acting through its Corporate and Investment Banking division, Absa and Investec, which included the negotiation in relation to various on and offshore facilities and security packages, including in relation to the offshore Bond Offering
• Pasdec Automotive Technologies Botswana Proprietary Limited and Pasdec Automotive Technologies Proprietary Limited, in the capacity as borrower and guarantor’s local counsel, in relation to the negotiation of as well as the subsequent amendment to the BWP facilities made available by Botswana Development Corporation Limited, which included the negotiation and drafting in relation to both on and offshore security packages
• Elandsfontein Exploration and Mining Proprietary Limited, in the capacity as borrower’s local counsel, in relation to the US$ funding made available by BNP Paribas for purposes of the Elandsfontein Phosphate Project, which included negotiating the funding agreement together with the relevant security package
• Lloyds TSB Bank, in the capacity as the lender’s local counsel, in relation to the security package provided by, inter alia, SLR African Holdings Proprietary Limited and SLR Management Limited in relation to various offshore facilities made available by the lender to SLR Management Limited
• Crimson Castle (RF) Proprietary Limited and SA Home Loans Proprietary Limited, in the capacity as the borrower’s local counsel, in relation to the negotiation of funding made available by Absa Bank Limited, which included negotiating the funding agreement together with the relevant security package
• Structured Mezzanine Investments Proprietary Limited, together with ancillary members in the group, in the capacity as the borrower’s and guarantors’ local counsel in relation to the funding made available to Structured Mezzanine Investments and/or other members of the group by, inter alia, Absa Bank Limited, Nedbank Limited and The Standard Bank of South Africa Limited, which included negotiating the terms and conditions of the funding agreement together with the relevant security package
• Shoprite Investments Limited, Shoprite Checkers Proprietary Limited and other members of the group, in the capacity as the borrower’s and guarantor’s local counsel, in relation to the negotiation of various facilities made available to the group by, inter alia, Absa Bank Limited, Standard Bank Limited and FirstRand Bank Limited, acting through its Rand Merchant Bank division
• Standard Bank of South Africa Limited and BMW Financial Services (South Africa) Proprietary Limited, in relation to the establishment, update and amendment of an asset backed note programme for SuperDrive Investments (RF) Limited

Assisted:

• Discovery Bank Limited, in preparing NCA-compliant pre-agreement statement and quotation, together with the underlying loan agreements, for purposes of their new Home Loan Product
• The Standard Bank of South Africa Limited in reviewing the terms and conditions of various credit agreements for purposes of ensuring compliance with the terms and conditions of the National Credit Act, 2005
• Absa Bank Limited in reviewing the terms and conditions of various credit agreements for purposes of ensuring compliance with the terms and conditions of the National Credit Act, 2005
• The JD Group with various queries in relation to the National Credit Act, 2005
• China Construction Bank Corporation (Johannesburg Branch) in reviewing the terms and conditions of their various product offerings for purposes of ensuring compliance with, inter alia, the terms and conditions of the Protection of Personal Information Act, Code of Banking Practice and general regulatory provisions
• Prepared various legal opinions for, amongst others, The Standard Bank of South Africa Limited, the JD Group, Foschini Retail Group Proprietary Limited, Real People Holdings, Real People Assurance Company Limited, Nedbank Limited, SA Home Loans Proprietary Limited and various other financial institutions and corporates in relation to various aspects of the National Credit Act, 2005
• Reviewing the terms and conditions of the pre-agreement statement and quotation, together with the underlying loan agreements for various institutions, including various corporates, registered as credit providers under the National Credit Act for purposes of ensuring their compliance with the terms and conditions of the National Credit Act, 2005
• Advising various clients on various aspects of the terms and conditions of the National Credit Act, 2005 including but not limited to, advice on the registration process, advice on the affordability assessments, cost of credits, enforcement procedures and non-compliance with the provisions of the National Credit Act, 2005
• Assisting The Standard Bank of South Africa Limited in relation to the review of various terms and conditions for purposes of compliance with the provisions of the Consumer Protection Act, 2008
• Assisting Royal Canine in reviewing various marketing and promotional material for purposes of compliance with the provisions of the Consumer Protection Act, 2008
• Assisting the JD Group with various queries in relation to the Consumer Protection Act, 2008
• Assisting various financial institutions, offshore legal entities, corporates and small companies in providing legal opinions on, inter alia, various sections of the Consumer Protection Act, general CPA compliance and the structuring of various products
• Assisting various financial institutions, offshore legal entities, corporates and small companies in relation to various queries on, inter alia, the Financial Advisory Intermediary Services Act, 2002, the Financial Intelligence Centre Act, 2001, the Protection of Personal Information Act, 2013, the Financial Markets Act, 2012, the Public Finance Management Act, 1999, Banks Act, 1990, the Financial Sector Regulation Act, 2017, and other relevant legislation
• Assisting various financial institutions, corporates and small companies in relation to the preparation of their Risk Management and Compliance Programmes, providing general guidance on the provisions of the Financial Intelligence Centre Act, 2001, and providing training in relation to the provisions of the Financial Intelligence Centre Act, 2001, which would include preparing various legal opinions in relation to various aspects of the Financial Intelligence Centre Act, 2001, pursuant to recent amendments to the legislation around the scope of accountable institutions