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Infrastructure & Projects | South Africa

Infrastructure & Projects

Our project finance and infrastructure development team advises on both South African projects and projects in the rest of the African continent acting for lenders, borrowers and both private and public sector sponsors.  

These projects include, amongst others, toll road, renewable energy and rail projects in South Africa and Africa.  Our team is very experienced in public - private partnerships (PPPs)and has significant  trade finance and South African export credit experience. 

Our track record 

We have over 20 years of combined experience leading multi-disciplinary teams in projects and regularly advise on a range of contracts typically encountered in the development, design, construction, operation and financing of infrastructure projects such as financing agreements and security documents, construction contracts, operation and maintenance contracts, service level agreements, construction and operation interface agreements, sponsor equity support agreements, shareholder agreements, consortium agreements, feed-stock agreements and off-take agreements.

A testament to our skill and credibility is the Tshwane Municipal Office accommodation PPP project, the first large scale municipal PPP Project in South Africa and the Montrose City Mega Developments township development which our team successfully led.   

Our offering 

Whatever it is that you need, we can assist: 

  • risk assessment, legal due diligence and risk management 
  • procurement law, tender processes and evaluations, including procurement strategies, regulatory advice, and compiling and reviewing requests for proposals
  • all agreements relating to the structuring, financing, developing, operating and maintaining projects, including supply agreements, bespoke contracts and professional consultancy agreements
  • permits, licences, project agreements and financing agreements and relevant security  documents (such as construction bonds and guarantees)
  • correctional facilities 
  • government buildings and related facilities
  • hospitals and healthcare facilities
  • municipal, provincial and national infrastructure 
  • ports and marine terminals
  • public housing
  • rail, including passenger rail and mass transit
  • renewable energy (solar, CSP, wind and waste and waster - to - energy) and transmission facilities and systems 
  • roads and bridges
  • dispute resolution 


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
How to ef­fect­ively ap­ply our con­sti­tu­tion in the midst of a pan­dem­ic
The is­sue of vac­cin­a­tion could bring the coun­try’s su­preme leg­al doc­u­ment in­to fre­quent play South Afric­ans are jus­ti­fi­ably proud of our con­sti­tu­tion. Since its pro­mul­ga­tion in 1996 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...
Green Bonds of the DBSA sub­scribed by Agence Française de Dévelop­pe­ment
Green Bonds of the De­vel­op­ment Bank of South­ern Africa sub­scribed by Agence Française de Dévelop­pe­ment: CMS, ad­visors to the sub­scriber The De­vel­op­ment Bank of South­ern Africa (DBSA), a South Afric­an...
An­gola’s privat­isa­tion drive: an ex­ample for oth­ers
Not many people in South Africa will be fa­mil­i­ar with the sig­ni­fic­ant changes that are oc­cur­ring in the An­golan eco­nomy. However, those with an in­terest in An­gola will have noted the de­vel­op­ments to strengthen...
Lans­mar­ter­ia Is South Africa about to em­bark on the cre­ation of a smart city that's go­ing to change the way cit­izens live & thrive?Ac­cord­ing to Gav­in No­eth, "the Lanser­ia Air­port City is one of 19 'Mega...