Position: Legal Practitioner
Telephone: + 264 (0) 61 38 3308
Email: james.smith@englinglaw.com.na

Key Practice Areas

Commercial:

    • Competition & antitrust
    • Contract
    • Corporate & commercial
    • Energy
    • Intellectual property
    • Insurance and Pension Funds

Advises on:

  • Mergers and acquisitions
  • Drafting and settling of contracts
  • Conducting legal due diligences
  • Conducting research
  • Processing and off-take agreements
  • Grant and transfer of electricity generation licenses
  • Regulatory advice
  • Banking and Finance
  • Corporate Governance
  • Due diligence exercises
  • General advice on energy law
  • General advice on aviation law
  • General advice on telecommunication law
  • General advice competition law
  • Registration of companies, trademarks, and patents

Career

  • LLB (University of South Africa)
  • LLM (University of Cape Town)
  • Admitted as Legal Practitioner in Namibia (2015)
  • Legal Officer – Namibian Competition Commission (2017 – 2019)

Highlights:

  • Drafting of a revised methodology for the imposition of pecuniary penalties by the Namibia Competition Commission in terms of Section 53 of the Competition Act, 2003 in respect of prior implementation transactions  and contraventions of Chapter 4 (Mergers) of the Act.
  • Review, advising and drafting of amendments to the Competition Act, 2003 specifically in the context of Chapter 4 (Mergers). ·
  • Head of the compliance and monitoring of compliance with conditions imposed on mergers in terms of section 47(6) of the Competition Act, 2003. This function included establishing and/or revamping the Namibia Competition Commission’s compliance monitoring department, streamlining the compliance process, drafting of conditions which were aligned with the commercial and social objectives of the Namibia Competition Commission.
  • Advising European private equity and investment firms in respect of the regulatory framework applicable in Namibia related to cross-border marketing activities and the acquisition of foreign securities.
  • Acting for Enel Green Power BV SA, a wholly- owned subsidiary of the Enel Green Power SpA, who had been pre-qualified by Namibia Power Corporation (Pty) Ltd (“Nampower”) in
    the Pre-Qualification and Request for Information under reference number NPWR/2013/46 for the development of 3x 10MW Solar Photovoltaic (PV) Power Plants on a built-own-operate basis. The scope of work entailed providing support and analysis of the Project Agreements, including a Power Purchase Agreement, Connection Agreement, Shareholders Agreement, and Land Lease Agreement, and advising on legal and regulatory matters relating to the implementation of the Project Agreements, including: Special Purpose Vehicle matters and Namibian corporate law matters, land use rights and title, required government approvals, permits, licenses, and all other authorizations, including an application for a power generation license, relevant legislation affecting the IPP/power sector.
  • Acting for two IPP’s (2015) who intend to invest into local entities who holds electricity generation licences, to generate electricity from solar PV and who are participating in the so-called REFIT Programme for the installation of single Solar Photovoltaic (PV) Power Plants of up to 5MW, spread across all technologies. Clients would also be involved in the development of the project in designing, building and operating a power plant and provide the financing in respect thereof.
  • Acting for the Industrial Development Corporation of South Africa Limited (“IDC”) (2015) who is providing the financing to Mariental Bioenergy (Proprietary) Limited for the purposes of procuring and installing a biomass plant and equipment (including bio-gas power generation unit(s)- engine, generator, related switchgear and utilities), to pay the project design and project
    management fees, and to procure and install a manure collection equipment and fertilizer delivery equipment. The scope of work included conducting a due diligence for the purpose of providing IDC with an overview of all material legal matters affecting the project company, drafting of the initial Power Purchase and off-take agreements, providing legal assistance during the negotiation of the Power Purchase Agreement between the project company and the local authority, a review and revision of the loan agreement, review of the further financing agreements and the project agreements.
  • Acted for Waypoint Leasing Services LLC, a helicopter leasing company that provides financing solutions to helicopter operators worldwide, for the purposes of providing legal advice for the transfer, lease and operation of two helicopters in Namibia. The scope of work included the completion of a jurisdictional questionnaire relating to aviation law in Namibia, an analysis of all aviation law and regulations, and tax and import laws and regulations to efficiently advise the client on structure of the transaction, possible hurdles and effective solutions.