Blog Archives

Metja Ledwaba

Metja Ledwaba is a partner at Ledwaba Mazwai where he practices commercial law, project finance transactions, PPPs transactions, administrative and constitutional law and commercial litigation. He has extensively advised government and state-owned entities on various types of public sector Project initiatives and procurement involving major projects which include projects involving restructuring of public entities, Public Private Partnerships (PPPs) Independent Power Producer (IPP) projects, which are structured as project finance or corporate finance.

Metja Ledwaba is well versed and experienced to assist with structuring, procurement, negotiating and achieving financial close in respect of such projects. Metja Ledwaba plays a significant role in interfacing legal technical, financial and client’s objectives in managing the roll out of major infrastructure projects, procured with significant private sector funding and involvement.

The PPP Law Practice:

Ledwaba Mazwai is one of the leading law firms providing legal advice in relation to PPPs and infrastructure development related projects.

We have been involved in several PPP projects since the evolution of the PPP sector in South Africa from around 2000, boasting a track record spanning over approximately 15 years in which the partners of Ledwaba Mazwai play as significant role.

Our PPP projects are largely infrastructure development based, involving the design, construction and operation of a public sector facility or service by private sector party, with improved experience and efficiencies, value for money and appropriate risk transfer. To date, we have been involved in providing legal services in, among others, the following PPP projects:

  • the campus office accommodation project for the Department of Trade and Industry (“the dti”);
  • the Gautrain Rapid Rail Link Project for the Gauteng Provincial Government;
  • the accommodation PPP project for the Ministry of Works and Transport of the Government of the Republic of Botswana, for development of head office accommodation for the Ministry of Environment, Wildlife and Tourism and the Ministry of Lands;
  • the accommodation project for the City of Tshwane, for development of office accommodation for City of Tshwane’s service delivery environment;
  • advising the Legislature of the province of KwaZulu-Natal on the proposed establishment of a new legislature complex, and the provincial government of KwaZulu-Natal on the proposed establishment of a government precinct;
  • advising the private sector sponsor in the office accommodation project for the Southern African Development Community (SADC) in Gaborone, Botswana;
  • advising the national Department of Health and Gauteng Department of Health on the revitalisation of the Chris Hani Baragwanath Academic Hospital;
  • advising the national Department of Health and Limpopo Department of Health on the establishment of a Limpopo Academic Hospital

Ledwaba Mazwai is also actively involved in the IPP sector in South Africa, having advised government on the following projects:

  • two peaking power generation projects in Avon and Coega;
  • Renewable Energy IPP Programme;
  • IPP Baseload, coal and gas power generation projects

Key to our advising on PPP initiatives is the ability to translate government initiatives into a bankable procurement package that attracts significant private sector investment. To this end, we are experienced in interfacing various public sector stake holder entities and policies whose role is critical to the projects under implementation.

Ledwaba Mazwai:

Based in Nieuw Muckleneuk, Pretoria, Ledwaba Mazwai is a motivated and hardworking team of lawyers, administrative and support staff. We are committed to providing services of consistent high professional standards without compromising on the quality of our work and commitment to our clients. Ledwaba Mazwai was established in 1996 in pursuit of the ideal to build a successful black commercial law firm. Today, our firm has become a symbol of pride, excellence and the capabilities of black legal practitioners as a collective.

FIRM HISTORY

In the early nineties, as a result of the marginalisation and discriminatory practices that are part of the history of South Africa, black lawyers in South Africa were confined to the areas of matrimonial law, criminal law and personal injury matters. Despite these challenges, two young law students shared an aspiration of creating a black-owned and operated commercial law firm – a pioneering firm that would provide an uncompromised standard of commercial legal services to compete with the established white law firms of the time.

FOUNDING PARTNERS

Two young visionaries, Metja Ledwaba and Lungile Mazwai, were determined to establish what would become a dynamic law firm, in order to showcase the capabilities and excellence of black legal practitioners in areas of legal practice they were historically excluded from. It was this ideal that saw the founding partners of Ledwaba Mazwai receiving their training in established law firms. This would give them a solid grounding in commercial law practice and in managing and providing legal services to government, institutional and corporate clients.

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Chris Bennett

Chris Bennett is a partner in the firm’s Financial Services and Project Finance groups and leads the firm’s Project Finance team in Toronto.

Chris’ practice focuses on financial services with an emphasis on project finance, public-private partnerships, infrastructure and structured finance. Chris has extensive experience acting for domestic and international lenders, developers, equity sponsors and other participants in connection with complex project financings in many Canadian jurisdictions. He has led major transactions in a variety of industry sectors and asset classes, including social infrastructure, transportation, electricity and renewable energy. Chris’ experience includes a number of innovative project financings, including the first major healthcare P3 transaction in Canada to reach financial close, the first Canadian domestic monoline wrapped bank financing and the first combined bank-bond transportation project. He has represented all major categories of project finance lenders in the Canadian market, including domestic and foreign banks, private placement investors and bond underwriters.

Chris has spoken and written extensively on matters relating to project finance and public-private partnerships, including co-developing two courses on the law and policy of private partnerships at the University of Toronto Faculty of Law, of which he has been a member of the adjunct faculty since 2007.

Osler:

Osler is a leading business law firm practising nationally and internationally from offices across Canada and in New York. Our clients include industry and business leaders in all segments of the market and at various stages in the growth of their businesses. We have built our reputation on our commitment to our clients’ success and the experience, expertise and collaborative approach for which we are recognized. We believe that our success is a reflection of our clients’ success.

Osler is recognized for the breadth and depth of its practice in business law and is consistently ranked as one of Canada’s top firms. We have leading lawyers in the specialized areas that allow our clients to succeed in their business objectives and deep industry expertise in the various sectors of the North American economy. We strive to provide innovative, solution-oriented advice in a practical and cost effective manner.

With more than 400 lawyers working together from offices across Canada in Toronto, Montréal, Calgary and Ottawa and our office in New York, we undertake mandates that cross Canada’s provincial borders as well as mandates that cross international borders. Increasingly, our clients are looking for seamless legal support across the United States – Canada border and we are well positioned to offer this support in the areas sought most often by our clients.

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Iyad Zawaideh

Iyad is a US and Jordan qualified specialist commercial lawyer with particular expertise in providing advice in relation to project finance and PPPs.

Iyad joined the Firm as Of Counsel in May 2009 and became partner In July 2010. Since 2002 (and until December 31, 2008), Iyad worked as an Associate and later as a Senior Associate at a leading law firm in Amman, Jordan. Dulling his tenure at that law firm, Iyad was heavily involved as local legal counsel in several PPP transactions and privatisation deals by representing the various parties involved including the Government, the consultant and the buyer/strategic partner/concessionaire/licensee.

Iyad was also responsible for drafting and negotiating various contracts and commercial agreements for corporate and individual clients in both the private and public sectors, setting up and advising on all aspects of joint ventures and mergers and acquisitions.

Prior to joining the Jordanian law firm in 2002, Iyad was an Associate attorney at a small boutique corporate, real estate and litigation practice in downtown Manhattan in New York City, Iyad practiced litigation in New York City courts by appearing frequently therein for motions and summary proceedings.

Iyad was also heavily involved in residential and commercial real estate practice in New York.

Eversheds:

Eversheds is one of the world’s largest corporate law firms. Committed locally, but connected globally, with offices based in the world’s major economic centres, with a proven track record of delivering consistently high quality legal services across jurisdictions.

The firm has developed organically over the past decade working for corporate organisations of all shapes and sizes in countries where they want to do business. Lawyers in all locations share the same values, ways of working and understanding of what clients really want. The past year has seen further international expansion for the firm. In the Middle East, the firm has become the first international player to establish offices in Iraq and is now one of the largest international players on the ground, with local lawyers based in Abu Dhabi, Amman, Doha, Dubai and Riyadh.

As a modern, progressive law firm, Eversheds sets itself apart through its people, culture and its attitude to change. Quality is a matter of personal pride to everyone and staff of the highest calibre are recruited and retained by the firm. Collaborative working and innovative thinking is encouraged and supported at all levels, meaning that clients enjoy an offering that is constantly evolving and improving to meet their changing needs. This has led to pioneering approaches to the law such as genuine project management and measurement of results that leads to cost predictability and control. In particular, the firm is noted for effectively delivering complex, multi-national legal services through one point of contact.

Relationships with clients are deep and genuine. An understanding of the sector and business culture which each client operates in, is a given. Collaboration is seen as a way of providing the most effective advice. Trust and accountability are the bedrock of all the firm’s client relationships.

Every year, Eversheds breaks new ground and is a firm that offers a clear alternative to those who want more from their lawyers.

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Olga Revzina

Olga is the head of our infrastructure and private-public partnership (PPP) practice in Russia. She specialises in infrastructure development projects, including PPP (concession) projects. Olga advises public clients (state authorities, state-owned companies), Russian and international sponsors and lenders, as well as subcontractors and operators on all aspects of transport projects (airports, toll roads, rail roads, ports, parking), utilities (water services, heating systems, waste disposal) and energy projects.

Olga was one of the few lawyers involved in the very first attempts to implement PPP projects in Russia in the early 2000s. Olga actively participates in the elaboration of PPP legislation in the Council of Experts of the State Duma and Council of Experts of the Ministry of Economic Development of the Russian Federation.

Chambers Europe has ranked Olga Revzina in the 1st tier for PPP in Russia since 2007.

Olga graduated from the Moscow State University law school. She is a member of the Paris Bar and the St Petersburg Bar. She speaks fluent Russian, English and French.

PPP Law Practice:

We have been a leading force in international PPPs since the earliest days of the Channel Tunnel (more than two decades ago). Since then we have led the evolution of the model across many jurisdictions and sectors, having advised on all major PPP projects completed to date in Australia.

We have a leading reputation for providing commercially focused advice to all the various parties involved in major public transport and infrastructure projects around the world — from governments and project sponsors to key ancillary parties such as consultants, lenders, contractors and property developers — on all aspects of such projects, including the development of both appropriate regulatory frameworks and contractual structures together with review and advice on sector governance, economic, commercial and environmental regulations.

We are particularly good at getting to the core of complex, novel issues, being creative, and delivering commercial outcomes in extremely difficult circumstances. We have developed a reputation for advising on the large, complex, bespoke PFIs and other PPPs where the standardised approach does not work or requires significant modification.

Herbert Smith Freehills:

As one of the world’s leading law firms, we advise many of the biggest and most ambitious organisations across all major regions of the globe. Our clients trust us with their most important transactions, disputes and projects because of our ability to cut through complexity and mitigate risk.

We can help you thrive in the global economy. Operating from over 20 offices spanning Asia, Australia, Europe, the Middle East and the US, we can deliver whatever expertise you need, wherever you need it.

Because technical ability alone is not enough, we seek to build exceptional working relationships with our clients. By doing so, we are able to develop a deeper understanding of our clients’ businesses, provide commercially astute, innovative advice and create better business outcomes for our clients.

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Aldona Kowalczyk

Aldona Kowalczyk is a partner in Dentons’ Warsaw office. She is one of the most renowned specialists in the field of Public Procurement area, including PPP projects. Aldona has been focusing on advising in public procurement cases for the last 15 years. She counsels both awarding bodies and bidders on public procurement cases regarding public tenders; in particular she is highly experienced in appeals procedures and representation of clients before the National Chamber of Appeals (former Panel of Arbitrators) at the Public Procurement Office.

On the basis of positive feedback from clients and peers she is highly recommended in the legal directories Chambers Europe 2013 and Whos’ Who Legal 2013 in the field of public procurement.

Aldona delivers public procurement training and has authored numerous articles in the Polish business and legal press (Rzeczpospolita, Dziennik Gazeta Prawna, Zamówienia Publiczne Doradca, and others). She also co-authored a high-profile commentary entitled Zamówienia sektorowe (Utility Procurements) published by Wolters Kluwer in 2011. Aldona is also a co-author of the guide Zamówienia publiczne w zakresie działalności naukowej lub twórczej (Public procurement in the field of scientific and creative activities) released in 2014 by the National Center for Research and Development.

Public-Private Partnerships Practice:

Public-Private Partnerships (PPP) have increasingly become a common structure for the delivery of public infrastructure. PPP offer the opportunity for governments and nongovernmental bodies to achieve more efficient projects by sharing risks and responsibilities differently as compared to traditional procurement. These types of structures also can offer better protection against schedule and cost overruns, and give the private sector the chance to bring innovation to the design, construction, operation and maintenance of public infrastructure.

PPP arrangements tend to be long-term and therefore the parties involved need an accurate understanding, agreement and documentation of rights and obligations over the course of the project. All parties to a PPP agreement need experienced legal advisors to achieve workable agreements that serve all parties.

Dentons’ lawyers have deep-rooted experience with PPPs. We have assisted public owners, concessionaires, lenders and contractors with all aspects of PPP arrangements across a broad range of infrastructure sectors. We have leading PPP lawyers in jurisdictions that have been most active in these partnerships, including those in the United Kingdom, Europe and Canada. Whether you are involved in transport or utility, roads or accommodation we have experienced lawyers who can assist you.

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Takao Higuchi

Takao Higuchi is a partner at Nagashima Ohno & Tsunematsu. Mr. Higuchi graduated with an LL.B. from the University of Tokyo in 1987 and with an LL.M. from Columbia Law School in 1995. He was admitted to practice law in Japan in 1989. He worked at Milbank, Tweed, Hadley & McCloy LLP in New York (1995-1996) and Linklaters & Paines in London (1996-1997) as a visiting attorney.

He specializes in banking, energy, infrastructure and other projects (including PFIs and PPPs) and project finance.

Nagashima Ohno & Tsunematsu:

Nagashima Ohno & Tsunematsu is widely known as a leading law firm and the foremost provider of international and commercial legal services in Japan.

We represent domestic and foreign companies and organizations involved in every major industry sector and in every legal service area in Japan.

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