Areas of Practice and Expertise

Project Finance

The Firm has represented both Borrowers and Lenders in the largest Project Finance Transactions in Namibia to date. This includes the financing by Chinese Development Bank Corporation of Swakop Uranium's Husab Mine. In 2012, they also acted for ABSA Bank Ltd in the financing of the completion of Phase Three of the Maerua Mall Extension Project, ABSA's largest project financing transaction in Africa in 2012. The firm has extensive experience in drafting security agreements for project financing transactions. Peter Koep and Meyer van den Berg are also the authors of the Namibian chapter on Project Finance in The International Comparative Legal Guide to Project Finance.

Contact Persons: JA Agenbach, PF Koep & HM van den Berg


Mining

The Firm's senior partner, Peter Koep, specialises in mining matters and represents some of the largest mining houses in Namibia. He is assisted by Meyer van den Berg. They are also the authors of numerous articles and contributions that have appeared in international journals and publications. Meyer van den Berg also contributes to a commentary on South African mineral law. The Firm receives regular instructions to conduct due diligences. The firm represented the Chinese company CGNPC in its successful take-over bid of Extract Resources Limited and Kalahari PLC in order to obtain control over the Husab uranium mine.

Contact Persons: PF Koep & HM van den Berg


Energy Law

The Firm plays an active role in the development of Law in the Energy sector through its role in providing advice to a major corporate client involved in the Oil and Gas Industry. The firm is currently assisting BP Plc and Maurel et Prom in setting up branches in Namibia and have provided advice to them inter alia on the environmental aspects of petroleum exploitation. The firm has advised the parties to the Kudu gas field project on the joint venture. The firm is further advising Schlumberger and Tullow Oil Plc on the regulatory framework for the exploitation of petroleum resources. We have provided general advice on off-shore exploration and other petroleum-related issues to Norsk Hydo (Statoil) and Royal Dutch Shell. For Serica Energy, we provided advice relating to negotiated farm-in in a number of petroleum blocks.

Contact Persons: PF Koep, ID Titus & HM van den Berg


Banking & Finance

The Firm consistently represents two of the four banks in Namibia. The Firm annually attends the Annual Banking Law Update in Johannesburg (and has done so for the past eighteen years) in order to keep abreast of national and international developments in the Banking Sector.

Contact Persons: JA Agenbach, HM van den Berg & S Cagnetta


Insolvency

The Firm represents the most established liquidators in Namibia, has been involved in Schemes of Arrangement, applications for Insolvency and Interrogations.

Contact Persons: JA Agenbach & S Cagnetta


Mergers & Acquisitions

The Firms transactions in this area range from small private acquisitions to advising on takeovers of companies in Namibia whose head offices are situated in South Africa and elsewhere. Peter Koep and Meyer van den Berg are also the authors of the Namibian chapter on Mergers & Acquisitions in The International Comparative Legal Guide to Mergers & Acquisitions.

Contact Persons: PF Koep, HM van den Berg & JA Agenbach


Competition / Anti-Trust law

Since the Competition Act came into force in 2008, the Firm has established itself as a recognised authority in this field. Peter Koep and Meyer van den Berg are the authors of the Namibian chapter in Getting the Deal Through: Merger Control and The International Comparative Legal Guide to Merger Control.

Contact Persons: JA Agenbach, PF Koep & HM van den Berg


Environment

The firm regularly advises clients on environmental regulatory issues, especially in the mining and energy context. Peter Koep and Meyer van den Berg are the authors of the Namibian chapter in The International Comparative Legal Guide to Environment and Climate Change. They also authored two chapters in the more comprehensive Environmental Law and Policy in Namibia.

Contact Persons: HM van den Berg & PF Koep


Construction

The firm represents some of the largest construction firms in Namibia. As a result, the firm also has knowledge of Fidic contracts.

Contact Persons: JA Agenbach, A Botes & S Cagnetta


Corporate

The Firm advises on all aspects of general Corporate Law, including the drafting of contracts for Namibian and South African clients.

Contact Persons: PF Koep, JA Agenbach & HM van den Berg


Property

The Firm provides counsel on Property Law, transfer of properties and sectional titles, development of property schemes and registration of mortgage bonds.

Contact Persons: WC Kotze & BK Loch


Employment/Labour

The Firm specialises in matters relating to Namibian Employment and Labour Law, including litigation concerning employment/labour disputes. Meyer van den Berg and Stephen Vlieghe are also authors of the Namibian chapter in The International Comparative Legal Guide to Employment and Labour Law.

Contact Persons: S Vlieghe, ID Titus & D Kotze


Administrative Law

The Firm is involved in a number of review applications to the High Court of Namibia, mostly with regard to actions taken by Ministries and/or officials in the Ministries or parastatals.

Contact Persons: S Vlieghe, S Cagnetta & A Botes


Litigation & Arbitration

The Firm specialises in general commercial and private law litigation and certain aspects of public law litigation, especially the review of administrative decisions. The Firm has also been involved in national arbitrations and alternative dispute resolution.

Contact Persons: S Vlieghe, S Cagnetta, D Kotze & A Botes


Information and Communication Technology

The Firm has advised clients on various aspects of information and communication technology, including licensing requirements, agreements relating to information and communication technology, taxation issues, control over content, control over video games, intellectual property issues and litigation aspects.

Contact Persons: HM van den Berg, ID Titus & S Cagnetta


Insurance

The Firm represents the largest Insurance Company in Namibia and in that process litigates on behalf of that client and advises the client on contracts and general insurance business.

Contact Persons: ID Titus, S Vlieghe & A Botes


Intellectual Property

The Firm provides specialist services in trademarks and copyright.

Contact Persons: JA Agenbach & HM van den Berg


Ports law / Shipping law

We have acted for Ohorongo Cement (Pty) Ltd in their negotiations with Namport regarding the building of a shipping depot. We have also acted for Namport in labour matters and have advised clients on matters relating to rig-stacking, maritime bonds and environmental issues, including advice on SOLAS.

Contact Persons: JA Agenbach, PF Koep, ID Titus & D Kotze

Contact Details

Telephone:
+264 61 382800
Facsimile:
+264 61 382888
Email:
pfk@koep.com.na

Address

33 Schanzen Road
PO Box 3516
Windhoek,
Namibia

Website

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