Expertise & Experience

Competition law is a growing area of practise in South Africa. DM5 is at the forefront of its development with its enthusiastic team that is able to provide competent advice on competition law matters.

Transactions

Advising South African Airways SOC Limited (SAA) on various competition law opinions.

Advising Transnet on various competition law opinions.

Advising the Industrial Development Corporation (IDC) on various competition law opinions.

Corporate governance is a critical aspect of ensuring the efficient and effective function of organisations. DM5 offers corporate governance advice to clients in the public, private and state owned entities to ensure that these entities adhere to the codes of good corporate governance. We have advised on duties of directors and guidelines to the King Code of Corporate Governance.

DM5's legal team is equipped with the requisite banking and finance law expertise that is supplemented by industry sector know-how. This enables the team to provide practice specific advise on financial matters including equity and capital markets.

Transactions

Advised Bafepi with funding agreements for their acquisition of a 15% interest in Afgri Limited.

Advised Motema Investments (Proprietary) Limited as one of the financiers in a ZAR400 million preference share transaction.

DM5 offers advise on all aspects of commercial operations that require legal contractual obligations including providing advice for commercial transactions to the drafting of various commercial contracts such as, but not limited to, joint venture agreements, project developments, outsourcing contracts, memoranda of understanding, sale of shares and other complex agreements, we deliver on time with passion.

Siyanda Resources (Pty) Ltd

Advising, drafting and amending of commercial contracts.

Advising Inyosi Coal Proprietary Limited on various agreements between shareholders and potential new acquisitions.

DM5 Incorporated has advised various multinational and local companies on structures and processes for government and public sector procurement.

Transactions

Provided advice mainly on applicable legislation, inter alia, Public Finance Management Act, Municipal Finance Management Act, Preferential Procurement Act and Broad Based Black Economic Empowerment Act.

Advised UAE based consortium of entrepreneurs on South Africa's B-BBEE policy.

Advised Passenger Rail Agency of South Africa ("PRASA") on standardisation of its procurement contracts.

Advised PRASA on acquisition of locomotives and digital radio signalling systems.

Advised PRASA on its station modernisation contracts.

Telecommunications is regarded as one of the critical elements within developing countries. DM5 offers legal advise to companies within this space and in so doing contributing towards the development of the telecommunications industry. In addition, DM5 offers legal advise on the various legislation within the telecommunications industry.

Transactions

Drafted opinion to Telkom SA Limited on local loop unbundling.

Drafted opinion to Telkom on their licensing obligations and their ability to outsource some of the obligations; and one of our directors, Ms Lerato Mathopo, is one of the authors of the textbook on Telecommunications Law in South Africa.

Advised The South African Department of Communications (DoC) in its research on local and international benchmark studies in pursuance to drafting regulations for the protection of the Electronic Communications and Transactions Act of 2002 ("ECTA").

Advised the DoC on regulations and on the protection of its critical databases and critical information infrastructure.

Engaged by the DoC to draft regulations to the ECTA.

Advised the DoC in accreditation of service providers for authentication services and advanced electronic signatures.

Business thrives of constant growth, which is only made possible through the extension and creation of new ventures. By establishing sound purpose entities, our clients' corporate wealth is not risked with each new venture, but rather supported and managed effectively throughout the entire project, ensuring that our clients' corporate wealth is always better off than before they commissioned us for our services.

Transactions

Advised Coca Cola South Africa in their establishment of a mineral water bottling plant.

Advised the Industrial Development Corporation (IDC) in connection with the Kuvaninga Energia 40MW Gas Fired Power Station Project in Mozambique.

Provided regulatory advice to Pride International (Houston, Texas) for its joint venture bid with PetroSA for an offshore drilling contract.

Advised The Limpopo Department of Health and Social Development on the Hospital Revitalization Project through a PPP and undertaking the land verification process for all health facilities sites.

Advising a Black Economic Empowerment (BEE) consortium on a Public Private Partnership with the Department of Environmental Affairs and Tourism.

In some cases consensus cannot be reached between parties. Should such a situation arise, we are readily available to adeptly resolve such a situation and to achieve a suitable and binding resolution of the legal matter at hand.

Disputes do arise, that is the nature of business. However, our creative approach means that a solution is always found, even in the most unusual of cases. Our legal team is able to assist our clients in resolving any such disputes skilfully and appropriately.

DM5 has a team of investigators who are focussed on finding the evidence and facts to legal issues that may arise. Our investigations teams supplements the work of the resolutions team by gathering, analysing and formulating evidence into reports which can be used by our clients in resolution of legal challenges.

Transactions

DM5 has represented various clients in the resolution various disagreements.

Our resolutions team continues to ensure that disagreements are resolved in the most optimum, efficient and effective manner.