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Energy | South Africa

Energy & Climate Change

As a sponsor, lender or public sector organisation, you require legal advisers who can help you successfully handle complex energy infrastructure transactions and the financing of energy infrastructure. Whether you are in the public sector or private sector and whether you are in the electricity generation, mining, transport, health, education, waste, defense, IT/telecoms, leisure, custodial and justice, ports, rail, roads or water industries, you will get the legal advice you need from us on your energy solutions.

As Sub-Saharan Africa economies grow at greater rates of growth than most other regions, and as the growth is for the most part off a low base with little energy infrastructure, Sub-Saharan Africa is in a perfect position to embrace energy solutions which minimize its contribution to climate change.

We work in multi-disciplinary teams working closely with CMS lawyers in the rest of Africa, the United Kingdom, Western, Central and Eastern Europe, Latin America, the Middle East and Asia. This enables us to provide our clients with proven expertise across the entire spectrum of the energy sector and to enable you to take advantage of the opportunities for energy solutions for Sub-Saharan Africa to catalyse further economic growth in the region and to meet its growing energy needs whilst minimizing the region’s contribution to climate change.

Our offering 

As we are part of CMS’ international Energy team we are able access extensive expertise and it allows for cross-border collaboration in all areas of the energy and climate change sector, including the following:

  • energy law and regulation
  • energy storage
  • energy trading & energy contracts
  • mergers and acquisitions, sales of business, sales of shares and the like
  • mining law
  • power purchase agreements
  • procurement law
  • public - private partnerships
  • renewable energy projects
  • service level agreements, construction and operation and interface agreements, management services agreements, sponsor support agreements, shareholder agreements, consortium and joint venture, agreements, feedstock agreements and off-take agreements
  • tax law
Gavin Noeth

He is a long-standing figure in the projects and energy market, well regarded for his impressive experience and ability to "make deals happen."

Chambers | Projects & Energy, South Africa, 2018

A team of high-calibre professionals with deep knowledge and business acumen for all types of energy work

Chambers and Partners 2020


Let’s bond over green bonds
This fund­ing meth­od can help move for­ward SA’s just en­ergy trans­ition goals.  As the world grapples with the ur­gent need to re­duce car­bon emis­sions and mit­ig­ate the ef­fects of cli­mate change, green...
Am­bi­tious pro­jects are un­der way to pro­duce green hy­dro­gen in SA
This en­ergy source is one of the most prom­ising po­ten­tial solu­tions to SA’s elec­tri­city crisis.  In re­cog­ni­tion of the glob­al pro­lif­er­a­tion of sus­tain­able en­ergy, and con­sid­er­ing COP27 and SA’s...
Green hy­dro­gen in SA: dream fuel or just light air?
Hy­dro­gen of­fers eco­nom­ic and en­vir­on­ment­al be­ne­fits but there are safety con­cerns and in­fra­struc­ture chal­lenges The world is search­ing for sus­tain­able, ef­fi­cient and re­li­able green en­ergy sources due...
SOLA, Afric­an Rain­bow En­ergy reach fin­an­cial close on two 100MW sol­ar pro­jects
CMS South Africa is proud to have helped bring two 100MW Sol­ar PV pro­jects, with Tro­nox Min­er­al Sands as the sole off­taker, to a fin­an­cial close – the first of their kind.  Since an­noun­cing the sig­ni­fic­ant...
What does the cli­mate debt guar­an­tee deal mean for South Africa’s en­ergy...
In this opin­ion art­icle, in­ter­na­tion­al law firm CMS Africa in­fra­struc­ture and pro­jects seni­or con­sult­ant Gav­in No­eth in­ter­rog­ates the re­cent cli­mate debt guar­an­tee deal offered to South Africa by wealthy...
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
Just trans­ition not just about gas but en­tire com­munit­ies and sup­ply chains
It’s no sur­prise that SA’s en­ergy crisis has be­come top-of-mind for both con­sumers and busi­nesses as the rate and mag­nitude of load-shed­ding have in­creased over the past few years.The coun­try’s...
South Africa's re­new­able en­ergy in­dustry to power ahead
South Africa is in the midst of a power crisis. Eskom's age­ing in­fra­struc­ture, re­duced re­li­ab­il­ity and in­feri­or qual­ity of coal, and the sig­ni­fic­ant gap in power gen­er­a­tion ca­pa­city and de­mand has left...
High Elec­tri­city Prices And Load-Shed­ding May Soon Be His­tory
Gav­in No­eth chats to Kaya FM with Gug­u­lethu Mfu­phi about where we are with re­gards to South Africa's en­ergy sup­ply and what re­forms need to be im­ple­men­ted in or­der to meet de­mand and ef­fect change: ...
The Power of Wo­men in Min­ing/En­ergy
Four things the gov­ern­ment can do to in­crease min­ing's GDP con­tri­bu­tion in 2021The cur­rent col­lab­or­at­ive re­la­tion­ship between the min­ing in­dustry and the South Afric­an gov­ern­ment can be en­hanced to pro­mote...
More than a flick of a switch, but soon SA will be char­ging ahead
By leg­al ex­perts from CM­S­It will take more than an an­nounce­ment and a flick of a switch for South Africa’s en­ergy woes to be re­solved. But once pro­jects get go­ing un­der the new reg­u­la­tions, the coun­try’s...
Out­look of en­ergy trans­ition in SA shows prom­ise
In the past dec­ade, South Africa has faced sig­ni­fic­ant chal­lenges in elec­tri­city gen­er­a­tion as a res­ult of an er­rat­ic and un­stable power sup­ply that has driv­en the coun­try’s heavy re­li­ance on fossil...