IFLR 1000
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South Africa

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Mergers and acquisitions

After 2010, which is described as "a bit of a dead duck" by one practitioner, the small improvement in M&A has been a cause for much optimism. "There is a definite pick-up in activity, 2011 kicked off well and I think it will be a reasonably good year," says a partner.

The reasons for this modest uptick appear to be multitudinous. "It is a combination of people being more confident and finance opening up," says one. Another adds: "Banks are starting to get involved now," while a third partner says that "it also helps that commodity prices are high at the moment"; with commodities being a key issue for the mineral-rich country.

A big factor is the diversification of investors, with players from outside the traditional hubs of the US and Europe looking to get involved. Since South Africa added an 's' to the Bric (Brazil, Russia, India, China) collection of countries in December 2010 other markets have become more open to the country. "The Brics thing is significant as it keeps us in the mix. There has been a lot more involvement from China. They look at mining and resources and infrastructure mainly. There are talks with Brazil, but nothing solid at the moment," says a partner.

"Five years ago I would get deals and nine out of ten of them would have been UK and US. That's all changed now," says a corporate partner and another agrees: "A big trend in the market is the rise of Chinese interest. Certainly the number of deals crossing my desk with a Chinese interest is significantly higher."

Other Bric countries are not quite as engaged however: "The interest hasn't come too much from Brazil, but India are involved here, more in the buying and selling sense than the resources," observes a partner.

There is another potential driver of work, says one partner: "The economy has now come out of its recessionary phase and some company's share prices could potentially make them subject to unsolicited moves." With companies vulnerable in this way there could potentially be a rise in the number of hostile deals over the next 12 months.

The new Companies Act will also have a heavy effect on corporate work. "It is reinventing the wheel from an M&A point of view. There will be different requirements to take into account," says one lawyer, while a peer adds: "It is fascinating and interesting. For example, it introduces new concepts and new techniques, like the new statutory merger. Appraisal rights too are a new concept, familiar to American lawyers."

There is also a new Scheme of Arrangement coming in and, despite some reservations from partners wondering how long it is going to take to get the legislation workable on a practical basis, those in the market are generally keen.

Bowman Gilfillan

With a reputation for capturing some of the biggest ticket deals in the market, Bowman Gilfillan once more retains its tier one position this year. "All those listed as leading lawyers under Bowman Gillifan are all extremely good," says one peer.... [more]

Leading lawyers
Ezra Davids
Jonathan Schlosberg
Charles Valkin

Edward Nathan Sonnenbergs (ENS)

The corporate team at ENS has experienced a lot of comings and goings this year, with a large number of associates and partners both leaving and joining. This includes the hires of Philip Geromont in August 2010 and Otsile Matlou in January 2011 as directors to help address the departures of other partners such as Carla Raffinetti, Nonkulenko Mabandla, Peter Tshisevhe, Robert Appelbaum, Matozdi Ratshimbilani, Safiyya Patel and Dhiren Ganasen, who have all left since December 2010.... [more]

Leading lawyers
Michael Katz
Stephen Lewis
Koos Pretorius

Webber Wentzel

"If I had to recommend work on to another firm it would be to Webber Wentzel, definitely. We consider them our top competitor," says one peer.... [more]

Leading lawyers
Haydn Davies
Christo Els
Johannes Gouws
Colin du Toit

Werksmans Attorneys

A firm that is traditionally very active in the M&A market, Werksmans again posts a busy year studded with high value deals. Led by Gareth Driver, the team boasts a number of well-respected partners, including Kevin Trudgeon, Morne Van Der Merwe and Shaun Teichner, the latter coming in for specific praise from a peer: "At Werksmans I have to say I rate Shaun Teichner a lot.... [more]

Leading lawyers
Gareth Driver
Shaun Teichner
Kevin Trudgeon

DLA Cliffe Dekker Hofmeyr

One of the biggest M&A teams in South Africa, Cliffe Dekker has a solid, and solitary, tier two position, with opinion divided as to whether it can make the jump to tier one."The first thing to jump out from the rankings is Cliffe Dekker.... [more]

Leading lawyers
Chris Ewing
Ian Hayes
Willem Jacobs

Norton Rose

Feedback indicates that Norton Rose, formerly Deneys Reitz, is not as much of a big player in the M&A market, with its expertise lying more in finance. This is something the merger has not changed, with the market reporting that while the practice is a respectable one, the firm as a whole is not so dominant in the corporate arena.... [more]

Leading lawyers
Kevin Cron

Bell Dewar

It has been noted by some partners that Bell Dewar is a firm that does not figure too much in M&A, but its deal flow does reflect steady activity and some interesting deals in 2011.The firm is noted for its resources expertise in this area and this is borne out, with a team led by director Nicola Jackson advising ArcelorMittal SA, on its first acquisition of a mining asset, Coza Mining, which owns a prospecting right for iron ore, in May 2011.... [more]

Eversheds

Eversheds had to mount a battle in court to keep its name, a branding move that impressed one peer: "Keeping the Eversheds name is a good thing, a commercial reality." Despite some partners remarking that the firm's numbers are "not all that great," the team, under the experienced Warren Drue, has been fairly active over the past year, with one standout mandate in the mining sector.... [more]

Leading lawyers
Warren Drue

Glyn Marais in association with SNR Denton

Glyn Marais in association with SNR Denton maintains a reliable and busy commercial M&A practice, headed up by Francois Marais and Willem de Villiers. Both partners were engaged on a number of midmarket deals across the past 12 months.... [more]

Leading lawyers
Francois Marais
Willem de Villiers

See also

South Africa
Africa

Practice areas

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