The Legal 500

South Africa > Banking and finance

Deneys Reitz Inc has been at the forefront of the banking market for some years, and in Lionel Shawe and Kevin Cron, has two of Johannesburg’s premier finance experts. According to one client, Shawe is ‘a world-class lawyer and is highly experienced in South African transactions’. Their 30-strong team advises local banks such as Investec and Rand Merchant Bank, as well as international players such as Citi and JPMorgan Chase. Examples of recent transactions include advising Deutsche Bank on Mobile Telephone Networks Holdings’ $1.4bn note programme; and Toyota Financial Services as issuer on a $405m note programme.

Thirty finance lawyers cover all aspects of banking at Edward Nathan Sonnenbergs Inc for a blend of local banks such as Standard Bank and Nedbank, as well as international names such as HSBC and Barclays. Described by a major bank as its ‘firm of choice’, it has a notable niche in aviation finance, as well as restructuring, it has recently played a prominent role on the restructuring of BAT. On the capital markets side the team has advised Nedbank on a R10bn medium term note programme; and Standard Bank on Blue Granite 3, a R5bn RMBS securitisation programme.

Werksmans Attorneys has a history of working on groundbreaking deals: for example for Telkom on its IPO. Clients describe finance head Wildu du Plessis as ‘pragmatic’ and ‘commercial’ and ‘one of South Africa’s best lawyers’. Lavish praise for other team members include Kevin Trudgeon and Amelia Heeger (who is ‘extremely knowledgeable and very efficient’). The firm advises all South Africa’s major banks: recently Standard Bank and FirstRand Bank on the introduction of R25bn BEE equity into Sasol Limited; and South African National Roads Agency on its R10bn domestic medium term note programme.

Two dedicated partners and nine associates at Bowman Gilfillan cover all aspects of complex financing, including structured finance and derivatives. Clients describe the team as ‘very good and very responsive’. The likes of Credit Suisse and Merrill Lynch have been advised on establishing banks or branches locally, and other exemplary deals include Standard Bank on its R4.4bn offer for Liberty Holdings; and Industrial & Commercial Bank of China on its R36bn acquisition of a 20% interest in Standard Bank Group.

DLA Cliffe Dekker Hofmeyr’s two recent mergers have built upon Cliffe Dekker’s already solid credentials on the Johannesburg banking scene. Joz Coetzer is a well-regarded name in the market, and provides ‘outstanding service’ to clients. Coetzer’s team in 2008 has advised Standard Bank on various financings, as well as the Department of Public Enterprises on loans. On the insolvency side, the firm has acted on the restructuring of South African Airways; and also for the joint liquidators of Hyundai Motors Distributors.

Glyn Marais Inc (formerly Jowell Glyn & Marais) is smaller than many competitors, but picks up its share of major transactions. Sanlam Limited was advised on the refinancing of its complex BEE deal; as was Santam Insurance, for which the firm acted on the insurance sector’s first short term regulatory bond. Property has been a boom sector for the firm, with Absa using the firm for property finance advice. Richard Glyn ‘provides a very professional and knowledgeable service’, and is ‘very responsive and practical in their approach and meet very tight deadlines’.

Webber Wentzel’s Karen Couzyn has extensive experience on securitisation and other debt capital market transactions, and recently advised Standard Bank and Anglo American on bond issues; and Investec on securitisation. Glowing praise from banking clients includes: ‘We found them to be very efficient and to provide good quality advice.’ Projects are a strong niche, with Brigette Baillie often described as the country’s leading projects lawyer.

Bell Dewar is especially strong on projects and PPP deals, mainly for local banking clients. Nedbank and Investec were advised as lead arrangers on the award-winning Seacom deal, a $650m fibre optic cable linking South Africa with Asia and Europe, and on the PPP side, the firm has in 2008 advised the departments of Justice and Health. Senior partners in particular, such as Lara Bezuidenhoudt, come in for praise from clients.

Johan Brink operates a quality boutique finance practice at Brink Cohen Le Roux, where he has recently advised AFGRI Operations on multi-billion Rand debt restructuring. The team is also advising the City of Johannesburg on R6bn ‘Jozibond’ fundraising.

Al Gourley has led Canadian natural resources sector firm Fasken Martineau DuMoulin LLP since its launch in Johannesburg in 2003. Gourley leads two other partners and four associates on cross-border transactions across Africa, although examples of local work would be acting for Standard Bank as lender on a bridging finance facility for Platmin Limited’s Pilanesburg platinum mine in South Africa, and subsequently acting for Standard Bank and Standard Chartered Bank on the project financing of Platmin Limited’s Pilanesburg platinum mine.

Global finance giant White & Case LLP International Lawyers is especially strong in projects, where it could claim to be the premier global brand. Six partners in Johannesburg, who work closely with London, enjoy entrenched relations with international banks. US securities partner Gabor Molnar is experienced acting for South African private equity businesses, and in 2008 advised Starcomms, including shareholders ECP and Actis, on a Nigerian share issue.

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Legal Developments in South Africa for Banking and finance

Legal Developments in South Africa

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • How to stop fraud before it happens

    Stopping fraud before it happens is the ultimate goal of a successful fraud prevention and awareness programme. Whilst it is important that fraud prevention controls are robust and are methodically implemented, too often companies fail to recognize that it is the perception of the likelihood of detection and sanction which discourages a person from perpetrating fraud, rather than the actual effectiveness of the internal controls and anti-fraud measures.
    - Bowman Gilfillan
  • Consumer Protection Act and leases

    The Consumer Protection Act 2008 (“ the Act ”) was assented to on 24 April 2009 and is to come into operation incrementally with the majority of the provisions coming into effect 18 months after the date on which the Act was signed by the President.   Accordingly the majority of the provisions of the Act will come into operation on 24 October 2010.
    - Bowman Gilfillan
  • The impact of competition law changes/developments on M&A activity

    The Impact of Competition Law changes/developments (including the practices and policies of the Commission/Tribunal) on M&A activity - with a specific focus on 2008 and also forward looking taking into account expected legislative changes. If possible mention actual company names/cases wherever possible to make it have real life application
    - Bowman Gilfillan
  • Contributed tax capital: simplicity at last!

    By now, many will have heard something about c ontributed tax capital (CTC). A year or so hence, the concept will form part of the South African tax terrain – to the relief of tax practitioners who have had to trawl through the Income Tax Act’s (“the Act”) three-to-four page long definition of a dividend . I certainly heaved a sigh of relief when I read the Revenue Laws Amendment Bill of 2008 (“Bill”). 
    - Bowman Gilfillan
  • The Consumer Protection Bill – Changing the Face of Litigation and ‎Dispute Resolution

    The Consumer Protection Bill is the Department of Trade and Industry’s omnibus consumer protection legislation which has been passed by Parliament and is currently awaiting the President’s signature.
    - Bowman Gilfillan
  • Deliberate manipulation of securities prices will invariably and inevitably be harshly ‎penalised

    Deliberate manipulation of securities prices will be harshly penalised. That’s the clear message to emerge from the 17 February 2009 Financial Services Appeal Board   case of Michael Berman vs the Financial Services Board .
    - Bowman Gilfillan
  • Unconstitutionality of the Competition Amendment Bill By Andrew Smith and Emmylou ‎Wewege

    It is hoped that the President will refer the Competition Amendment Bill to the Constitutional Court rather than sign it into to law so as to resolve its unconstitutionality and avoid unnecessary litigation. Failure to do so will spark constitutional challenges which will prevent it from being implemented while that litigation unfolds.
    - Bowman Gilfillan
  • New Laws in the Pipe Line to Decisively Respond to the Challenge ‎of Climate Change

    New laws may be in the pipeline in South Africa to address climate change after the South African Finance Minister’s (“the Minister”) Budget speech o n 11 February 2009. In the 2009 Budget speech, the Minister announced specific additional measures which South Africa will implement in responding to climate change.
    - Bowman Gilfillan
  • Big business beware – the class and derivative actions are coming!‎ by Carl Stein

    The trend over the past decade in the USA , and more recently in the UK after the enactment of its new Companies Act in 2006, towards more aggressive shareholder activism seems likely to be followed in South Africa once our new Companies Act becomes operative.   This new Act is only awaiting the State President’s signature in order to become law, although it will only come into operation at least one year after the State President does so.
    - Bowman Gilfillan
  • Retaining diversity in a cost cutting environment by Karen Fulton

    With transformation being one of the key strategic imperatives of every South African business is it possible for employers to consider race when selecting employees to be retrenched?
    - Bowman Gilfillan

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