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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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Education
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