Corporate and Commercial Lawyers

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 the managing 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:

  • Legal counsel for Senosi Group Investment Holdings Proprietary Limited in respect of the R86,036,691.00 advance by it to MC Mining Limited (an Australian listed company), which advance is convertible into shares in MC Mining Limited, subject to certain terms and conditions (2022).
  • Legal counsel to various mining companies and/or contract miners in respect of the drafting and negotiating of contract mining and processing agreements, and security agreements relating thereto (2019/2020/2021).
  • Part of legal team advising Seriti Resources Holdings Proprietary Limited (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 numerous international and local private companies on BEE transactions, other sale and acquisition transactions or other commercial arrangements, which included advising on transaction structures, sale agreements, shareholders agreements, memoranda of incorporation and/or family, community and/or employee trust deeds and conducting due diligence investigations.
  • Legal counsel to numerous companies and individuals in their capacity as directors on company law issues arising under South African law.

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 clients purchasing fuel stations, including advising on the lease and franchise agreements to be entered into in respect thereof (2022).
  • Acted for Pan African Resources PLC in the conclusion of a conditional sale agreement to acquire the entire issued share capital of Blyvoor Gold Operations (Pty) Ltd from Blyvoor Gold (Pty) Ltd (2021).
  • Legal counsel to various mining companies and/or traders in respect of the drafting and negotiating of commodity supply agreements, logistics/transport agreements and handling, storage and loading agreements (2019/2020/2021).
  • Acted for Seriti Resources Holdings (Pty) Ltd in its successful bid to acquire the South African coal business of South32 Limited (2019 – 2020).
  • 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).

Qualifications:

  • LLB (Cum Laude)
  • LLM
  • Attorney of the High Court of South Africa

Chané Stievenart

Chané is a senior associate at Malan Scholes Inc. She was admitted as an attorney in 2017. Her areas of expertise are in corporate and commercial law and dispute resolution.

CStievenart@malanscholes.co.za

+27 (0)10 020 5025

Recent Experience:

  • Reviewed various agreements (across various industries) and advised clients in respect thereof, including, inter alia, licence agreements, fund administration, lease agreements, supply of services and software agreements.
  • Drafted agreements (across various industries), including service level agreements, master service agreements, subcontractor, sponsorship and settlement agreements.
  • Drafted numerous urgent court applications, including applications to interdict illegal mining operations and unlawful interference with and suspension of mining operations.
  • Drafted numerous internal appeals and assisted mining houses in respect of internal appeals lodged against decisions taken by the regulators of mineral resources in terms of the Mineral and Petroleum Resources Development, 2002 and the Mine Health and Safety Act, 1996.
  • Assisted numerous mining houses in review applications against decisions taken (or a failure to take a decision) by the regulators, including decisions in respect of mining and prospecting right applications and internal appeals.

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 with due diligence investigations in respect of acquisition transactions for clients in the mining sector.
  • Assisted with drafting commercial agreements for clients in various sectors, including sale agreements, subscription agreements, guarantees, trust deeds and the land lease agreements.
  • Assisted clients in preparing written representations in respect of the proposed amendments to the Financial Provision Regulations, 2015.

Qualifications:

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

Megan Shunmugam

Megan is an associate at Malan Scholes Inc. She was admitted as an attorney in 2022.  Her areas of expertise are in corporate and commercial law.

MShunmugam@malanscholes.co.za

+27 (0)10 020 5037

Recent Experience:

  • Reviewed commercial agreements, including, inter alia, sale of shares agreements, licence agreements and supply agreements.
  • Drafted commercial agreements and documents, including, inter alia, sale of land agreements, guarantees and resolutions .
  • Drafted legal opinions on corporate governance related to issues, the Consumer Protection Act, 2008, insolvency and business rescue.
  • Registration of new companies with the Companies and Intellectual Property Commission, reservation of company names and amendments to a company’s memorandum of incorporation.