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Johan Coetzee_Johannesburg_Lawyer

Johan Coetzee

Partner Fasken
It is important to consider various legal aspects that may be relevant in the real estate sector, ranging from surface rights in the mining, security in respect of land and renewable projects, property developments, merger filings and market inquiries being undertaken by the Competition Commission.
Jurisdiction South Africa, 1989
Language(s) English, Afrikaans
Office(s) Johannesburg
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Overview

Johan Coetzee is heading the real estate team and is a leading commercial attorney in Fasken’s Johannesburg office, with recognised expertise in the area of competition law. He also specialises in commercial property transactions, and all related real estate law matters.

Johan advised on some of the largest commercial property developments and mergers in the Real Estate Investment Trust (REIT) sectors in South Africa over many years.

With more than 30 years’ of extensive experience as a commercial attorney in the real estate sector, Johan acts for numerous clients in South Africa. His work in this area consists of all aspects of real estate work, including conveyancing and notarial work, commercial property developments, sectional title schemes, registration of leases, servitudes and mortgage and notarial bonds for lenders and clients in the mining and manufacturing industries.

Within competition law he works with clients from a broad range of sectors, Johan prepares merger notifications to the South African competition authorities, including in the steel, manufacturing, property management services and REIT sectors; provides compliance advice and training to clients; and provides opinions on competition law considerations in the consumer goods, agricultural services and aviation sectors.

Achievements

  • Best Lawyers, Best Lawyers 2022 to 2025
  • IFLR1000 , IFLR 1000 2020 to 2022
  • Leading lawyer in the field of Competition Law, IFLR 1000 2015 to 2021
IFLR 1000 Publication name with laurels IFLR 1000 IFLR1000 Recognised by IFLR as highly regarded in the area of Competition.
IFLR 1000 Publication name with laurels IFLR 1000 Leading lawyer in the field of Competition Law

Client Work

  • Enel Green Power reaches financial close on three wind power projects of a combined capacity of 330MW, [Deal - Lenders], Portfolio project financing for the construction, operation and maintenance of 3 wind farms with a combined capacity of 330MW.
  • CPV 1 Touwsrivier solar plant refinancing, [Deal - Lenders], Fasken advised the Lenders in respect of the refinancing of a Concentrated Solar Power project, the CPV 1 Touwsrivier solar plant which was developed pursuant to the Renewable Energy Independent Power Producers Producer Programme (REIPPPP).
  • Advised Lenders in relation to the portfolio financing of five wind energy projects, [Deal - Lenders], Part of the team that advised the Lenders in relation to the portfolio financing of five wind energy projects which will produce approximately 700MW of electricity.
  • Acting for a large religious institution and related public benefit organisations, [Deal - Confidential], Acting for a large religious institution and related public benefit organisations [confidential clients] in all property related aspects, including property transfers, consolidations and subdivisions of properties and retirement village owned and managed by one of such organisations.
  • Enel, [Deal - Nedbank Limited, ABSA Bank Limited]
  • Legal Advisor in relation to the financing, construction, operation and maintenance of the following four projects to be undertaken by BioTherm Energy Proprietary Limited, [Deal - BioTherm Energy Proprietary Limited], Part of the team that acted as Lender’s Legal Advisor in relation to the financing, construction, operation and maintenance of the following four projects to be undertaken by BioTherm Energy Proprietary Limited in Round IV of the Renewable Energy Independent Power Producer Procurement Programme
  • Advised the Borrower and the Sponsors in relation to the development, financing, construction, operation and maintenance of the 140 MW Kangnas wind farm, [Deal - Sponsor], Part of the team that advised the Borrower and the Sponsors in relation to the development, financing, construction, operation and maintenance of the 140 MW Kangnas wind farm.
  • Real estate advice, conveyancing and notarial work for ACWA Power, [Deal - ACWA Power], Real estate advice, conveyancing and notarial work for ACWA Power in a renewable project at Bokpoort
  • Attending to property aspects of due diligence investigations, [Deal - Confidential], Attending to property aspects of due diligence investigations for numerous clients and project.

Career & Education

Education

  • Certificate, Competition Law University of Witwatersrand
  • Higher Diploma, Tax Law University of Johannesburg
  • LLM, Corporate Law University of South Africa
  • LLB University of Pretoria
  • BLC University of Pretoria

Community involvement

  • Specialist, Senior Examiner and Moderator , Attorneys’ Entrance Examinations Legal Practice Committee

Memberships & Affiliations

  • Member Association of Competition Law Practitioners
  • Member Legal Practice Council of South Africa
  • Admitted as a Conveyancer
  • Admitted as a Notary Public

Knowledge

News

Publications

  • Reflecting on the phasing out of long-term exclusive lease provisions in South Africa, 1/6/2021
  • A common pitfall with renewal of leases be careful to avoid an agreement to agree, 5/12/2020
  • The end of the road for the use of long-term exclusive lease agreements?, 3/1/2020

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