Corporate and Commercial Lawyers

Qualifications:

  • BA LLB
  • Post-graduate Certificate in Mineral and Petroleum Law
  • Attorney of the High Court of South Africa
  • Solicitor of the Senior Courts of England and Wales

Nick Magowan

Nick is a director of Malan Scholes Inc, with 15 years’ international and local experience as a corporate and commercial attorney. He was admitted as an attorney in 2005 and as a solicitor of the senior courts of England and Wales in 2009. He specialises in commercial and corporate law.

Nick is recognised by Best Lawyers® (2020) for his expertise in corporate law.

nmagowan@malanscholes.co.za

+27 (0)10 020 5025

Recent Experience:

  • Lead counsel for Seriti Resources Holdings (Pty) Ltd in its successful bid to acquire the South African coal business of South32 Limited (2019).
  • Counsel for DRDGOLD Ltd in its acquisition of the West Rand Tailings Retreatment Project from Sibanye-Stillwater Ltd valued at R1.3 billion (2018).
  • Counsel for the New Largo Coal consortium in its acquisition of the New Largo coal project from Anglo American Inyosi Coal (Pty) Ltd for R850 million (2018).
  • Counsel for Seriti Coal (Pty) Ltd in connection with its acquisition of certain coal mines from Anglo American for R2.3 billion (2017).

Qualifications:

  • BA LLB LLM
  • Certificate Programme in Advanced Corporate and Securities Law (cum laude)
  • Diploma in Corporate Law, University of Johannesburg (cum laude)
  • Attorney of the High Court of South Africa

Nicola Malan

Nicola is a director of Malan Scholes Inc.  She was admitted as an attorney and notary in 2000.  Her areas of expertise are corporate and commercial law and she has practised in both South Africa and New York.

nmalan@malanscholes.co.za

+27 (0)10 020 5038

Recent Experience:

  • Part of legal team advising Seriti Resources Holdings (Pty) Ltd (a broad-based, majority black owned and controlled South African mining company) in respect of its successful bid to acquire the South African coal business of South32 Limited, which included, leading the due diligence investigation, advising on issues arising, establishing BEE employee and community trusts and drafting trust deeds in respect thereof (2019).
  • Legal counsel for DRDGOLD Ltd (South African gold producer which recovers gold from the retreatment of surface tailings) in respect of the disposal of certain mining and prospecting rights and related mining infrastructure to companies in the OrroPay Inc group (2018 / 2019).
  • Legal counsel for Omnicom Group Inc (an American based brand and advertising services company) in respect of its broad-based black economic transactions in South Africa and the restructuring thereof (2018).
  • Legal counsel to CCP 12J Fund Ltd (a South African venture capital company pursuant to section 12J of the Income Tax Act, 1962) in respect of its public offer to subscribe for shares, which included, establishing the company, preparing and advising on the prospectus, transaction agreements and related documentation (2018).
  • Legal counsel to Kapela Holdings (Pty) Ltd (a South African BEE investment company) and its subsidiary Littera Investments (Pty) Ltd in respect of the acquisition of shares held by SMEC South Africa (Pty) Ltd in Robow Investments No 52 (Pty) Ltd (a South African property-owning company) (2018).

Qualifications:

  • BCom LLB
  • Attorney of the High Court of South Africa

Jessica Frost

Jessica is a director at Malan Scholes Inc. She was admitted as an attorney in 2015. Her areas of expertise are in corporate and commercial law.

jfrost@malanscholes.co.za

+27 (0)10 020 5024

Recent Experience:

  • Acted for Seriti Resources Holdings (Pty) Ltd in its successful bid to acquire the South African coal business of South32 Limited (2019).
  • Assisted Leo Ammerlaan (a Dutch company) with the South African corporate due diligence aspect of the merger between Leo Ammerlaan, Van der Lugt and Grow Group, which merger created Plantise, the largest plant breeder in the Netherlands (2019).
  • Acted for DRDGOLD Ltd in its acquisition of the West Rand Tailings Retreatment Project from Sibanye-Stillwater Ltd valued at R1.3 billion (2018).
  • Acted for New Largo Coal consortium in its acquisition of the New Largo coal project from Anglo American Inyosi Coal (Pty) Ltd for R850 million (2018).
  • Acted for CCP 12J Ltd (a South African venture capital company pursuant to section 12J of the Income Tax Act, 1962) in respect of its public offer to subscribe for shares, which included, establishing the company, preparing and advising on the prospectus, transaction agreements and related documentation (2018).
  • Acted for Seriti Coal (Pty) Ltd in its acquisition of Anglo American’s Eskom-dedicated thermal coal mines for a purchase consideration of R2.3 billion (2017).
  • Assisted various clients (across various industries) with sale and acquisition transactions, which included advising on transaction structures, conducting due diligence investigations and drafting, inter alia, sale agreements, repurchase agreements, shareholders agreements, memoranda of incorporation and trust deeds.

Qualifications:

  • BSc Conservation Ecology
  • LLB
  • Attorney of the High Court of South Africa

Cobus Hoon

Cobus is an associate at Malan Scholes Inc. He was admitted as an attorney in 2020.  His area of expertise is in corporate and commercial law as well as mining and environmental law.  Before completing his articles at Malan Scholes Inc, Cobus worked as environmental manager at an environmental consultancy, assisting clients in complying with the conditions of their environmental approvals and authorisations.

choon@malanscholes.co.za

+27 (0)10 020 5021

Recent Experience:

  • Drafted appeals in terms of section 96 of the Mineral and Petroleum Resources Development Act, 2002 and section 43 of the National Environmental Management Act, 1988.
  • Assisted clients with contract mining agreements and coal off-take agreements.
  • Assisted various clients with sale and acquisition transactions, which included conducting due diligence investigations and drafting, inter alia, sale of share agreements, guarantees, land lease agreements and trust deeds.
  • Assisted clients in preparing written representations in respect of the proposed amendments to the Financial Provision Regulations, 2015.