Infrastructure Projects, Concessions and Public Private Partnerships

Savjani & Co provides advice on the legal and regulatory frameworks for infrastructure projects, concession agreements and Public Private Partnerships.

The firm has advised:

  • Domestic and international actors in various transac­tions including but not limited to health care, hospitality, and infrastructure Development and rail works.
  • Project sponsors, lenders, and contractors on drafting and negotiating concession agreements, offtake contractual agreements and other long term contractual arrangements with state owned enterprises.
  • On structuring complex debt and equity financing ar­rangements, negotiating and dratting; commercial contracts including sub-contracts for civil works, mechanical and electrical works, logistics, access road construction and security documents in relation to PPPs and public procurement projects in general.

Top Matters

  • We advised in relation to the establishment of an inland port in Malawi to facilitate transportation of goods through a recently constructed railway corridor. Advised on regulatory issues for construction and operation of the port e.g. land acquisition, compensation for occupiers of land, procurement regulations, PPP aspects, project development agreement with the Government, direct agreement with lenders, regulatory issues relating to construction and operation of the port etc. We also advised on the three-year project concerning financing of the Nacala rail corridor, the largest infrastructure project financing in Africa. Financing and security documents concluded in November 2017.
  • Advised in relation to the restructuring, and privatisation of Malawi Railways Limited, and the granting of a concession for the operation of the railway company.
  • Advised Mota Engil on a proposed wet and dry port project including conducting legal due diligence on land acquisition processes for purposes of the project (including payment of compensation to occupiers of the land) and issues relating to a proposed project agreement with the Malawi Government.
  • We acted for Paladin Energy Limited of Australia, and Paladin Africa Limited, its subsidiary in Malawi (collectively referred to as (Paladin). We advised Paladin from the inception stages of the mining project, throughout their negotiations with the Malawi Government for the grant of a mining license and the terms of a development agreement entered into with the Government, construction of the mine up to commissioning of the mine, and thereafter operation of the mine and finally putting it under care and maintenance.