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Gavin Noeth | Senior Consultant | Projects & Infrastructure

Gavin Noeth

Senior Consultant
Infrastructure & Projects

CMS RM Partners
85 Grayston Drive
5th Floor
Sandton
2196
Johannesburg
South Africa
Languages English
Energy & Climate Change

Gavin is an experienced energy lawyer with a track record in South Africa and Sub-Saharan Africa.

Until recently 95% of South Africa's electrical energy generation is supplied and distributed by the State-owned utility, Eskom. Electrical energy generation by independent power producers is a relatively new phenomenon in South Africa.  

Gavin advised the National Department of Minerals and Energy on procuring peaking power in South Africa's first-ever greenfield privatization of power generation in 2004 and lenders sponsors on renewable energy projects under the Renewable Energy Independent Power Producer Programme which commenced in 2011.

Gavin is recognised by IFRL 1000 as a "Highly Regarded" lawyer in Energy, 2020.

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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

Relevant experience

  • Lesedi 75 MW (DC) PV solar energy power plant - Advised Rand Merchant Bank as mandated lead arranger (South Africa)
  • Letsatsi 75 MW (DC) PV solar energy power plant - Advised Rand Merchant Bank as mandated lead arranger (South Africa)
  • Jasper 96 MW (DC) PV energy power plant - Advised Rand Merchant Bank as mandated lead arranger (South Africa)Rheboksfontein on shore Wind Renewable Power Project.
  • GDF Suez - to advise it on procurement law aspects of its Wind Renewable Power Project (South Africa)
  • Oxfam Renewable Energy Projects - Retained by OXFAM (Just Energy) as lead director to advise it on its Wind Renewable Power Projects (South Africa)
  • KiPower Coal Power - Advised Kuyasa Mining (Proprietary) Limited on the procurement law aspects of its a 600-Megawatt (MW) coal-fired IPP under the Coal Baseload IPP Programme issued on 15 December 2014 by the Department of Energy (South Africa)
  • Department of Energy Peaker Plant - Advised the Department of Minerals and Energy on procuring peaking power in South Africa's first-ever greenfield privatization of power generation (South Africa)
  • Kelvin Power - Advised Rand Merchant Bank on the IPP acquiring the Kelvin power plant (South Africa)
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Education

  • 1998 - LL.M., University of South Africa
  • 1987 - LL.B., University of Pretoria, South Africa
  • 1985 - B.Com, University of Pretoria, South Africa  
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Memberships

  • Member of the Legal Practice Council, South Africa  
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Publications

  • Co-authored Chapter 16 (South Africa) of The Government Procurement Review, 6th Edition | Law Business Research Limited, London (editor Jonathan Davey and Amy Gatenby) | May 2018
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Lectures list

  • State-owned Enterprise - an Introduction to Lending
  • Public Finance Management Act and the Municipal Finance Municipal Act training
  • Oil & Gas training
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Infrastructure & Projects

Infrastructure & Projects

Gavin has over 20 years' experience in project and infrastructure finance. 

He advises on both domestic projects and projects on the rest of the African continent acting for lenders, borrowers and both private and public sector sponsors. This enables Gavin to understand the typical requirements and concerns of lenders, private sector sponsors and government sector sponsors and to find a risk allocation acceptable to all stakeholders. 
Gavin has a broad range of experience in Public - Private Partnerships, energy and transport.

Gavin also advises on the South African Export Credit Scheme, trade finance, distressed lending and post commencement financing following business rescue.

Gavin has for many years been ranked in Chambers and Partners Global, IFLR1000 (Project Finance), Legal500, Who's Who Legal and Best Lawyers for his expertise in Project Finance, Banking & Finance, Energy & Infrastructure and Project Development.

Public-Private Partnerships

Gavin is very experienced in public private partnerships and public sector procurement. This involves having a thorough understanding and extensive knowledge of the regulatory framework governing public entities.

The list below of market-leading highlights in PPPs, Road Rail and Ports, Energy and Commercial Property demonstrates a broad range of experience of procurement in South Africa across the national, provincial and local government spheres of government.

Most PPPs in South Africa have been implemented in the national and provincial spheres of government, with only a few in the local government (municipal) sphere. The PPP regulatory framework for national and provincial government is sophisticated. A separate PPP regulatory framework applies to the municipal sphere of government. Although based on the framework for the national and provincial spheres, the municipal sphere is more complex due to the structure on local government and the requirement for public participation on the prescribed procurement procedures.

At local government level the Tshwane Municipal office accommodation PPP Project and the Montrose City Mega Development are of particular relevance.

These mandates involved detailed consideration of the Chapter 8 Part 2 of the Local Government: Municipal Systems Act, 2008; the Local Government: Municipal Finance Management Act, 2003; the Municipal Budget and Reporting Regulations; the Municipal Service Delivery and PPP Guidelines; Municipal Supply Chain Regulations; the Supply Chain Management Guide for Municipal Accounting Officers and municipal supply chain policies

This regulatory framework is very complex and inter-connected and provides the framework for, amongst other matters, public participation in decision making by municipalities, council approvals, capital budgeting, and MTEF budgeting

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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

Relevant experience

Projects & Infrastructure 

  • Department of Labour – Member of the transaction advisory team appointed to advise on the National Department of Labour in the procurement of the development and management of rehabilitation facilities as a part of the mandate of the Department of Labour to administer the Compensation Fund 
  • Mauritian Road Decongestion PPP Project - Advised the Mauritian Department of Finance and Economic Development and the Mauritian Road Development Authority on the financing of Phase 1 of the Port Louis – Curepipe Corridor Road Decongestion and Toll Road Programme (Mauritius)
  • PRASA Rolling Stock - Advised Bombardier in relation to its bid to supply rolling stock to the Passenger Rail Authority of South Africa
  • Sudan Railways - Advised Rand Merchant Bank on recovering a loan made under an ECIC insured financial credit facility to a Sudan Railways
  • Phase 4: Expansion of the Matola port coal facility – Appointed to the steering committee managed by Grindrod South Africa on behalf of the shareholders of Terminal de Carvão da Matola
  • Winelands Toll Road – Advised a bidding consortium bidding in respect of the N1-N2 Winelands Toll Highway put out to tender by The South African National Roads Agency (South Africa)
  • Maputo Corridor N4 Toll Road – Advised Standard Bank and Investec Bank on the financing of the Maputo Corridor N4 Toll Road Project, a public private partnership for the upgrading/building, maintaining and operating of the toll road (South Africa and Mozambique)
  • N3 Toll Road - Advised Rand Merchant Bank - on the financing of the N3 Toll Road project, a public private partnership for the upgrading/building, maintaining and operating of the toll road
  • N2 Unsolicited Bid - Advised the unsolicited bidder to the N2 Wild Coast Toll Road in relation to their unsolicited bid to the National Roads Agency
  • Nacala Corridor Project - Advised the sponsors (Edlow Resources Limited of the USA, Railroad Development Corporation of the USA and Nacala 

Distressed lending & post business rescue commencement financing

  • A consortium of lenders - on post business rescue financing of Group Five Construction Proprietary Limited
  • A consortium of lenders - on financing of a large listed company in the construction industry

Public-Private Partnerships 

  • Department of Labour – Member of the transaction advisory team appointed to advise on the National Department of Labour in the procurement of the development and management of rehabilitation facilities as a part of the mandate of the Department of Labour to administer the Compensation Fund.
  • Tshwane Municipality - Advised Nedbank Bank and Standard Bank as lenders to the preferred bidder appointed in respect of the Tshwane Municipal office accommodation PPP Project (South Africa). This was the first large-scale municipal PPP project to close in South Africa.
  • Kopanong Precinct, Johannesburg – Advised Gauteng Provincial Government on the Kopanong PPP Accommodation Project (South Africa).
  • Western Cape Department of Transport and Public Works – Advised Nedbank Bank as Mandated Lead Arranger and Lender to a bidding consortium bidding on the Western Cape Department of Transport and Public Works PPP Accommodation Project (South Africa).
  • Uganda Police Force – Advised the Uganda Police Force on its Partially Serviced Accommodation Public Private Partnership Project (Uganda).
  • Department of Rural Development and Land Reform - Advised Rand Merchant Bank and Standard Bank as lenders to the preferred bidder appointed in respect of the Department of Rural Development and Land Reform head office accommodation PPP Project (South Africa).
  • Prisons – Advised a consortium bidding in respect of two of the four Correctional Centre Projects put out to tender by the Department of Correctional Services in South Africa (South Africa).
  • Department of Foreign Affairs - Advised the Department Foreign Affairs respect in respect of its head office accommodation PPP Project.
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Education

  • 1998 - LL.M., University of South Africa
  • 1987 - LL.B., University of Pretoria, South Africa  
  • 1985 - B.Com, University of Pretoria, South Africa
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Memberships

  • Member of the Legal Practice Council of South Africa
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Publications

  • Co-authored Chapter 16 (South Africa) of The Government Procurement Review, 6th Edition | Law Business Research Limited, London (editor Jonathan Davey and Amy Gatenby) | May 2018 
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Lectures list

  • Public Finance Management Act and Municipal Finance Management Act training 
  • Oil & Gas Training
  • State-Owned Enterprise - an introduction to Lending 
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