Question NW2157 to the Minister of Public Enterprises

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05 December 2017 - NW2157

Profile picture: Mazzone, Ms NW

Mazzone, Ms NW to ask the Minister of Public Enterprises

Does Eskom employ a certain firm (name furnished) as an in-house legal operation that handles its legal matters; if so, (a) what matters do they handle, (b) when was their contract signed and (c) what amount is their contract worth per annum; (2) does Eskom employ any other firm in-house to assist it in achieving its mandate; if so, (a) what are the names of the firms and (b) in each case, (i) what are the contracts worth and (ii) what are the details of the matters the firms are assisting with?

Reply:

(1)

No, Eskom does not employ Cliffe Dekker Hofmeyr Inc as an in-house legal operation.

However, Cliffe Dekker Hofmeyr Inc is on the current panel contract for the provision of Legal Services to Eskom Holdings SOC Ltd and its subsidiaries, on an “as and when required” basis. The panel consists of 73 firms.

(1)(a)

Cliffe Dekker Hofmeyr Inc as part of a panel has been contracted to provide external legal support in the following matters:

  • Aviation, banking & finance, commercial, competition, compliance, constitutional & admin, conveyancing, construction, corporate governance, corporate law, e-commerce, employment, energy, environmental, infrastructure development, insolvency, insurance, IT, IP, general litigation, M&A's, mining & minerals, municipal, procurement, property, public law, regulatory, restructuring, tax, telecoms, Occupational H&S, pensions, consumer law, securities, patent & copyright

(1)(b)

The Cliffe Dekker Hofmeyr Inc contract, as part of the current panel contract for the provision of Legal Services, commenced in May 2009 and will end November 2017.

(1)(c)

There is no specific contract value assigned to any particular service provider. An amount is assigned to the legal panel as a whole, and purchase orders created once an instruction is sent to the attorney selected.

For the current panel an amount of R850m has been budgeted to cover the period May 2009 until November 2017.

(2)

No, Eskom does not employ in-house law firms to assist it in achieving its mandate.

However, Eskom has a panel contract for the provision of Legal Services to Eskom Holdings SOC Ltd and its subsidiaries, on an “as and when required” basis.

(2)(a)

Annexure A provides details of 72 other legal firms (excluding Cliffe Dekker Hofmeyr Inc.) which are part of the panel contract for the provision of Legal Services to Eskom Holdings SOC Ltd and its subsidiaries, on an “as and when required” basis.

(2)(b)(i)

There is no specific contract value assigned to any particular service provider. An amount is assigned to the legal panel as a whole, and purchase orders created once an instruction is sent to the attorney selected.

For the current panel an amount of R850m has been budgeted to cover the period May 2009 until November 2017.

Remarks: Reply: Approved / Not Approved

Mr. Mogokare Richard Seleke Ms. Lynne Brown, MP

Director-General Minister of Public Enterprises

Date: Date:

ANNEXURE A - List of 72 Legal Firms that which are part of the panel, excluding Cliffe Dekker Hofmeyr Inc.

No

(a)  Firm Name

(b)(ii) Matters the firms are assisting with 

1.

A.K. Essack, Morgan Naidoo & Co.

Conveyancing and notarisation, Labour, General, leases, sales and property transfers, RAF.

2

Adams & Adams

IP, Patents, Trademarks, Competition, Computer, Anti-piracy /Counterfeiting, Internet and domain names, Business development, property, high court litigation, conveyancing, commercial and corporate, licensing, listings, regulatory, M&A's, tax, exchange control, IT, Banking and finance, BEE transactions, corporate commercial

3

Amos Khumalo Attorney Inc.

Intellectual Property

4

Baker Mackenzie Attorneys (formerly Dewey & LeBoeuf)

General Legal services including Compliance and Regulatory

5

Bhikha Incorporated

banking & finance, commercial, competition, constitutional & admin, conveyancing, construction, corporate governance, corporate law, criminal, debt collection, e-commerce, employment, energy, environmental, infrastructure development, insolvency, insurance, IT, general litigation, M&A's, municipal, procurement, property, public law, regulatory, restructuring, telecoms, Occupational H&S, pensions, consumer law, securities

6

Borman Duma Zitha Attorneys

banking & finance, commercial, competition, constitutional & admin, conveyancing & notary, construction, corporate governance, corporate law, criminal, debt collections, employment, energy, environmental, insolvency, insurance, IP, general litigation, M&A's, mining & minerals, property, tax, Occupational H&S, securities

7

Bowman Gilfillan Inc

Aviation, banking & finance, commercial, competition, compliance, constitutional & admin, conveyancing, construction, corporate governance, corporate law, e-commerce, employment, energy, environmental, infrastructure development, insolvency, insurance, IT, IP, general litigation, M&A's, mining & minerals, municipal, procurement, property, public law, regulatory, restructuring, tax, telecoms, forensics, Occupational H&S, pensions, consumer law, foreign exchange, securities, patent & copyright and international transport law.

8

Buurman Stemela Lubbe

General Legal services, commercial (including contract drafting and vetting, NEC supply contract, shareholders agreements, loan agreements, SLAs) High Court litigation, Conveyancing & Notary, OHSA, Labour

9

Cajee Setsubi Chetty Inc.

commercial, constitutional & admin, conveyancing (excl notary), debt collection, insolvency, insurance, general litigation, property, public law, tax

10

Collin Mabunda Inc.

Commercial, Compliance, constitutional & admin, conveyancing & notary, criminal, debt collection, employment, insolvency, insurance, intellectual property, information technology, general litigation, M&A’S, mining and minerals, municipal, procurement, property, public law, restructuring, occupational H&S, pensions, consumer security

11

DA Ncongwane Attorneys

commercial, compliance, constitutional & admin, construction, criminal, debt collection, employment, energy, environmental, general litigation, mining & minerals, municipal, public law, regulatory, Occupational H&S

12

DLA Piper UK LLP

Aviation, banking & finance, commercial, competition, compliance, constitutional & admin, conveyancing, construction, corporate governance, corporate law, criminal law, e-commerce, employment, energy, environmental, infrastructure development, insolvency, insurance, IT, IP, general litigation, marine law, M&A's, mining & minerals, municipal, procurement, property, public law, regulatory, restructuring, tax, telecoms, Occupational H&S, pensions, consumer law, foreign exchange, securities, patent & copyright and international transport law, global Govt relations lobbying)

13

Dwarika Naidoo & Co

Conveyancing, Labour law, Civil litigation, Insurance law, Municipal law, Maritime law, Environmental law

14

Moosa, Waglay& Petersen Incorporated

Labour Law, OHS, General and Conveyancing, General

15

Edward Nathan Sonnenbergs Inc

Aviation, banking & finance, commercial, competition, compliance, constitutional & admin, conveyancing, construction, corporate governance, corporate law, e-commerce, employment, energy, environmental, infrastructure development, insolvency, insurance, IT, IP, general litigation, marine law, M&A's, mining & minerals, municipal, procurement, property, public law, regulatory, restructuring, tax, telecoms, forensics investigation, Occupational H&S, pensions, consumer law, foreign exchange, securities, patent & copyright and international transport law.

16

Eversheds LLP

Aviation, banking & finance, commercial, competition, compliance, conveyancing, construction, corporate governance, corporate law, debt collection, e-commerce, employment, energy, environmental, infrastructure development, insolvency, insurance, IT, IP, general litigation, marine law, M&A's, mining & minerals, procurement, property, public law, regulatory, restructuring, tax, telecoms, forensics investigation, Occupational H&S, pensions, consumer law, securities, patent & copyright and international transport law.

17

Gildenhuys Malatji Inc.

Aviation, banking & finance, commercial, competition, compliance, conveyancing, construction, corporate governance, corporate law, debt collection, e-commerce, employment, energy, environmental, infrastructure development, insolvency, insurance, IT, IP, general litigation, marine law, M&A's, mining & minerals, procurement, property, public law, regulatory, restructuring, tax, telecoms, forensics investigation, Occupational H&S, pensions, consumer law, securities, patent & copyright and international transport law.

18

Haasbroek & Boezaart Inc. Attorneys

General Legal services including Compliance and Regulatory

19

Harkoo Brijlal& Reddy Attorneys

Commercial law, compliance, conveyancing, property, estate planning, tax, administration of estates, foreclosures.

20

Hogan Lovells (South Africa) Incorporated (formely Routledge Modise then changed to Eversheds)

Aviation, Banking and Finance, Commercial, Competition, Compliance, Constitutional and Administrative, Conveyancing, Construction, Corporate Governance, Debt Collection, e-Commerce, Employment, Energy, Environmental, Insolvency, Insurance, IT, IP, Litigation, M&As, Mining & Minerals, Municipal, Property, Public Law, Regulatory, Restructuring, Tax, Telecomms, Forensic Investigations, Pensions, Consumer Law, Foreign Exchange, Securities, Patent & Copyright.

21

Honey Attorneys

Labour Law, Conveyancing and notarisation, General

22

Hughes Madondo

commercial, conveyancing & notary, insolvency, general litigation

23

J Ramages Attorneys and Conv

Conveyancing

24

Kalian Attorneys

Labour Law, Occupational Health and Safety, Conveyancing and Notarisation, General

25

Koikanyang Incorporated

commercial (inc contracts drafting and vetting), constitutional & admin, conveyancing & notary, corporate governance, corporate law, debt collection, energy, insolvency, general litigation, property, Occupational H&S, Arbitration (incl in engineering & construction), M&As, Finance agreements, securities foreclosures

26

Kunene Ramapala Botha (KRB)

Aviation, banking and finance, commercial, competition, corporate governance and corporate, IT, General litigation, M&A's, mining and minerals, municipal, procurement, property, regulatory, restructuring, telecomms,

27

Lamola Incorporated

commercial, compliance, constitutional & admin, conveyancing &notary, corporate governance & corporate, debt collection, employment, general litigation, municipal, property, public, regulatory, consumer,

28

Ledwaba Mazwai

Conveyancing and notarisation, commercial (no change in services, focus on property and not commercial)

29

Mabunda Incorporated Attorneys

Debt collection and evictions for Matimba Power Station.

30

Mabuza Attorneys

constitutional & admin, construction, criminal, employment, infrastructure, insurance, general litigation, mining & minerals, municipal, procurement, regulatory, energy, occupational H&S, forensics

31

Madhlopa Incorporated Attorneys

commercial, competition, compliance, constitutional & admin, conveyancing & notary, construction, corporate governance, corporate law, debt collections, employment, infrastructure development, insurance, general litigation, M&A's, mining and minerals, restructuring, telecoms, forensic investigation, pensions, labour law.

32

Makaula Zilwa Inc

General Commercial & Litigation, Conveyancing, Constitutional & Civil, Corporate, Employment and labour & IR, Local Government, Affirmative Action & Employment Equity, Telecommunications, Media, JV Establishment, Commissions of Inquiry, Forensic Investigations, Insolvency, Collections, Public Private Partnerships (Key clients - GovtDepts - Labour, Communications, Transport, Metro municipalities, Transnet, Standard Bank)

33

Maponya Inc.

commercial, conveyancing & notary, debt collection, employment, general litigation, M&A's, procurement, property, Occupational H&S

34

Maserumule Inc.

employment, municipal, pension, administrative

35

Matlala Von Metzinger Attorneys (MvM)

Commercial, Conveyancing, Constructin, Criminal, Debt Collection, Insolvency, Intellectual Property, General Litigation, Mining and Minerals, Municipal, Property, Public Law, OHS.

36

Mayat, Nurick & Associates

commercial, conveyancing, construction, criminal, debt collection, general litigation, mining & minerals, municipal, property, public law, Occupational H&S (No recent experience in mining and minerals, criminal and construction law)- updated by EM+H52

37

Mchunu Attorneys

commercial, compliance, constitutional law and administrative law, corporate governance and corporate law, employment law, insurance, litigation, municipal law, property law, regulatory

38

Mensah Inc

Aviation, banking and finance, commercial, competition, corporate governance and corporate, IT, General litigation, M&A's, mining and minerals, municipal, procurement, property, regulatory, restructuring, telecomms,

39

Mlonyeni and Lesele (Pty) Ltd

Conveyancing

40

Mohlaba & Moshoana Inc.

commercial, conveyancing, criminal, debt collection, general litigation, public law, Restructuring

41

Molefe Dlepu Inc.

constitutional & admin, conveyancing & notary, corporate governance, criminal,, debt collection, corporate law, employment, general litigation, property, pensions PPP for municipality-updated by EM

42

Molema Mampuru Inc.

labour law, Intellectual Property law, Administrative law, Tender Processes, Government Pensions, Constitutional law

43

Mothle Jooma Sabdia Incorporated

Aviation, banking & finance, commercial, compliance, constitutional & admin, conveyancing, construction, corporate governance, corporate law, debt collection, labour, energy, environmental, general litigation, M&A's, mining & minerals, municipal, procurement, property, public law, regulatory, tax, Occupational H&S, consumer law.

44

Motla Conradie Inc

commercial, competition, compliance, constitutional & admin, conveyancing, corporate governance, corporate law, debt collections, employment, insurance, general litigation, M&A's, municipal, procurement, property, restructuring, Occupational H&S, pensions, consumer law

45

MSM Inc.

Attorneys - Notaries - Conveyancers

46

Ngeno & Mteto Incorporated

Administrative law; alternative dispute resolution; commercial and corporate law; compliance and regulatory; construction law; consulting services; constitutional law; corporate finance; corporate governance; environmental law; financial services; financing agreements; forensic litigation and recoveries; general governance; insurance law; labour law and employment law; legislative drafting; legal opinion on complex legal matters; multinational agreements; occupational health and safety; private law; project advisory; partnership; property law; social security and telecommunication law.

47

Nongogo Nuku Incorporated Attorneys, Notaries & Conveyancers

General Legal services including Conveyancing & Notary, OHSA, Labour

48

Norton Rose Fulbright Attorneys (previously Deneys Reitz)

Aviation, banking & finance, commercial, competition, compliance, constitutional & admin, conveyancing, construction, corporate governance, corporate law, e-commerce, employment, energy, environmental, infrastructure development, insolvency, insurance, IT, IP, general litigation, marine law, M&A's, mining & minerals, municipal, procurement, property, public law, regulatory, restructuring, tax, telecoms, forensics investigation, Occupational H&S, pensions, consumer law, foreign exchange, securities, patent & copyright and international transport law.

49

Nozuko Nxusani

General Legal services including Conveyancing & Notary, OHSA, Labour, Insurance, Criminal, Litigation (inc constitutional law), Constitutional law advice, Property

50

Nyapotse Inc. Attorneys

General Legal services, commercial law, construction law (NEC contracts), labour law, debt collection, Opinions, OHSA, litigation, adjudications. Firm has 3 directors and 12 professional staff. Has been in existence for 12 years. Also servicing Ekurhuleni, City of Johannesburg, SA Post Office, RAF, Department of Housing and IDC.

51

Perrot van Niekerk Woodhouse Matyolo Inc.

Mergers, Acquisitions & take overs(competition law, project finance); Assets reconstruction (insolvency; structured finance); banking law & JSE Exchange (International trade; corporate finance); Business & Corporate Taxation (restructuring of State Owned Enterprise); Registration of Companies (mining, energy & national resources; ; General Corporate & commercial law); Real Estate & Conveyancing.

52

Phatshoane Henney Inc.

All employment law related areas from drafting contracts of employment, notices of enquiry, chairing enquiries and arbitrations, appearing at the CCMA, labour court and labour appeal court, dealing with restraint of trade disputes.

53

Pravina Govender Attorneys

banking & finance, commercial, competition, compliance, constitutional & admin, conveyancing, construction, corporate governance, criminal, debt collection, employment, environmental, infrastructure development, insolvency, insurance, IT, IP, litigation, mining & minerals, municipal, property, public law, regulatory, restructuring, tax, telecoms, forensic investigations, pensions, consumer law, foreign exchange.

54

Pule Inc

Scant knowledge, Property Law (including relocations, Land Claims Court, mediation with occupiers, labour tenants, etc., ESTA, PIE) Conveyancing and notarial, SARS-panel, Intersite / railroads, PIC-panel (rental collections), Civil litigation, Criminal litigation, Labour law, OHS investigations, Corporate governance (done by consultant), CPA & King III, Land Bank-panel, NERSA-panel, Standard Bank, Nedbank and FNB (collections)

55

Qunta Attorneys

banking & finance, commercial, competition, compliance, constitutional & admin, conveyancing, construction, corporate governance, corporate law, debt collection, e-commerce, employment, infrastructure development, insolvency, IT, general litigation, M&A's, municipal, procurement, property, regulatory, restructuring, telecoms, forensics, consumer law, securities, International Transport, mining, arbitration

56

Rooth & Wessels Inc. Attorneys

Conveyancing and notarisation; General Commercial (inc procurement, regulatory, admin law, corporate governance and transaction deals [planning, funding, construction and regulatory issues in JV]), Litigation, Finance and funding agreements, bonds (with ENS)

57

Roy Ramdaw & Associates Inc.

banking & finance, commercial, compliance, constitutional & administrative, conveyancing & notary, criminal, debt collection, employment, energy, insolvency, general litigation, M&A's, mining & minerals, municipal, property, forensic investigations, Occupational H&S, international transport, international arbitrations, ADR, English & Australian law, collections, administrative law/constitutional/regulatory.

58

Sameera Cassimjee Attorneys

Notaries - Conveyancers

59

Sekati Monyane Attorneys

banking & finance, commercial, compliance, constitutional & admin, conveyancing & notary, criminal, debt collection, employment(labour law), energy, insolvency, civil, criminal & commercial, general litigation, M&A's, mining & minerals, municipal, property, forensic investigations, Occupational H&S, internatio+H65nal transport, international arbitrations, ADR, English & Australian law, collections, administrative law/constitutional/regulatory.

60

Selebogo Incorporated Attorneys, Notaries & Conveyancers

Conveyancing and notarisation, commercial law,

61

Shepstone & Wylie

Conveyancing and notarisation, commercial law,

62

Smith Tabata Inc

Labour Law, Occupational Health and Safety, Conveyancing and notarisation, General; commercial law, litigation, customs and excise and indirect tax, environmental law.

63

Spoor & Fisher

commercial, constitutional & admin, conveyancing, construction, corporate governance, corporate law, criminal, debt collection, employment, environmental, insolvency, general litigation, municipal, procurement, property, public law, restructuring, Occupational H&S, pensions, consumer law

63

Sullivan & Cromwell LLP

banking & finance, commercial, competition, construction (non-contentious), corporate governance, energy, environmental, infrastructure development, insolvency, insurance, general litigation, M&A's, mining & minerals, project finance, restructuring, tax, securities

65

Symington & de Kok Attorneys

banking & finance, commercial, compliance, construction, conveyancing and notary, corporate governance, criminal, debt collection, corporate law, employment, environmental, infrastructure development, insolvency, insurance, IP, general litigation, mining & minerals, municipal, property, public law, telecoms, tax, OHS

66

Towell & Groenewaldt Attorneys

banking & finance, commercial, competition, construction (non-contentious), corporate governance, corporate law, energy, environmental, infrastructure development, insolvency, insurance, general litigation, M&A's, mining & minerals, project finance, restructuring, tax, securities

67

Van Heerden & Brummer

banking & finance, commercial, compliance, conveyancing & notary, construction, corporate governance, criminal, debt collection, corporate law, employment, environmental, infrastructure development, insolvency, insurance, IP, general litigation, mining & minerals, municipal, property, public law, tax, telecoms, Occupational H&S

68

Van Rensburg, Kruger, Rakwena Attorneys

banking & finance, commercial, constitutional & admin, conveyancing & notary, corporate governance, corporate law, criminal, debt collection, employment, insolvency, general litigation, M&A's, mining & minerals, municipal, procurement, property, public law, tax, forensic, consumer law

69

Venn Nemeth & Hart Inc.

Conveyancing and notarisation, Occupational Health and Safety, Labour Law, commercial law, litigation, Mining law

70

Warburton Attorneys

conveyancing & notary, debt collection, general litigation

71

Webber Wentzel

Aviation, Banking and finance, commercial, competition, constitutional and administration, conveyance and notary, construction corporate governance, corporate law, e-commerce, employment, energy, environmental, infrastructure, insolvency, insurance, IT, IP, general litigation, marine, M&A’S, mining and minerals, municipal, procurement, property, public law, regulatory, tax, telecoms, occupational H&S, pensions, consumer law, foreign exchange, securities, patent & copy rights.

72

White & Case LLP

Environmental legal services, Climate change and carbon trading related legal work, policy & research work, compliance 24 legal registers completed for Eskom PS, training workshops, SHE legal audits

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