The various rail projects that we have been involved in are a mix between ground breaking rail initiatives involving the design, construction and operation of new railway network, and the renovation/modernisation of existing railway facilities and equipments, and the procurement and financing of new rolling stock and locomotives. These projects include:
Gautrain Rapid Rail Link Project
Advising the Gauteng Provincial Government as part of the Transaction Advisor team, on legislative regime, administrative law, land acquisition, feasibility study, treasury approvals, procurement documentation, preparing and negotiating the PPP (Concession) Agreement, assisting with the implementation of the Concession Agreement and dispute resolution processes including arbitrations.
Commercial and Financial 2001 – September 2006 & January 2007 Service commencement – 2010 / Johannesburg, Gauteng Province
Spoornet Main Line Locomotive Investment Programme
Advising Transnet Rail Freight (at the time Spoornet) on negotiations with a preferred bidder on the procurement of new single mode DC and/or AC locomotives with DC or AC traction motors locomotives for the COALLink K and Iron Ore lines, which advice included the drafting and negotiations of the transaction agreements for the design and supply of 110 new class 19E locomotives for the COALLink K line.
July 2004 – December 2005 / South Africa
Branch Line Concessions
Advising Transnet SOC Limited, in its TFR operating division, on its proposed branch lines concession programme, including undertaking a contractual and property due diligence investigation, procurement phase (preparing RFP documentation therefor), and the contractual phase (preparing the concession agreement, and reviewing ancillary agreements).
May 2010 – Project is on-going / South Africa
Rolling Stock Leasing
Advising the Industrial Development Corporation (IDC) on its equity funding and role in the establishment of a rolling stock leasing company (TRSL) and debt funding of such rolling stock leasing company.
June 2011 –December 2011 / South Africa
Passenger Rail Agency of South Africa (“PRASA”) Rolling Stock Fleet Renewal Procurement Programme
Advising PRASA on their procurement of new rolling stock over a ten year period and maintenance thereof. Ledwaba Mazwai advice was focused on structuring the B-BBEE and localisation (“Economic Development”) initiatives and contractual commitments.
January 2012 – October 2013 Commercial Close and April 2014 Financial Close / Pretoria, Gauteng Province
Passenger Rail Agency of South Africa (“PRASA”) – Depot Modernisation and Renovations
Advising PRASA on their depot Modernisation Programme, which advise entailed advising on the procurement and transaction agreements for the (i) renovation and upgrade of the PRASA depots and (ii) supply and installation of special equipment including the advice on structuring and implementing the Economic Development objectives of PRASA.
January 2012 – Project is on-going / Gauteng, KwaZulu-Natal and Western Cape
Involvement in significant projects has been at the core of Ledwaba Mazwai’s existence. We have been involved in a wide variety of significant projects involving, amongst other things, restructuring of state owned entities, acquisition of major capital assets through structured finance, assisting with structuring government support for new infrastructure.
Supplier Park Automotive Cluster
General Advisory services to Blue IQ on property (land) acquisition and establishment of the Automotive Supplier Park, drafting and negotiating commercial agreements (share sale and shareholders agreements).
2003 – On-going / Pretoria, Gauteng Province
SAA Fleet Acquisition
Advising SAA, on its acquisition of 41 long and short haul Airbus aircraft, and related structured financing for the transaction.
2003 – 2005 / Johannesburg, Gauteng Province
COEGA PAS 2005 Aluminium Smelter Project
Acted as legal counsel for Eskom and IDC, as equity sponsors in the project, which involves the construction and operation of a new aluminium smelter plant in COEGA by a French company in with IDC and ESKOM taking sponsor equity in it.
April 2003 – Project ended by client / COEGA, Port Elizabeth, Eastern Cape Province
State Forestry Restructuring
Advising SAFCOL and the Department of Water Affairs and Forestry on the re-composition of state forestry interests into business packages, creating corporate legal entities for such business packages, drafting and negotiating agreements for the sale to private sector strategic equity investor.
Project was discontinued after feasibility phase / South Africa
Botswana Plot 21 Project
Advising the government of Botswana on a land development project for accommodation facilities for a government department.
January 2005 – February 2007 / Gaborone, Botswana
2010 FIFA World Cup
Advising government on the preparation of the Stadia for the 2010 FIFA World Cup.
January 2005 – February 2007 / Pretoria, Gauteng Province
Technical Committee of the Local Organising Committee
Advising the LOC technical committee on its terms of engagement by the LOC.
July 2006 – August 2006 / Johannesburg, Gauteng Province
Advising the two BEE partners on their acquisition of a stake in Lafarge Mining and Lafarge Industries as a consequence of the Lafarge South Africa Group Holdings empowerment transaction.
March 2006 – February 2007 / Johannesburg, Gauteng Province
Department of Public Enterprises Promotion of Access to Information Project
Advising the Department of Public Enterprises on the impact and requirements of the Promotion of Access to Information Act.
July 2007 – October 2007 / Pretoria, Gauteng Province
Airports Company South Africa Masterplan Project
Providing legal services to Airports Company South Africa on its Masterplan, entailing the expansion of O.R. Tambo International Airport.