Mcebisi Maguga

Consultant
+27 (0)21 801 5240
+27 (0)86 504 7384
maguga@adriaansattorneys.com
Mcebisi Maguga developed extensive knowledge in upstream, mid-stream, trading, supply and logistics pertaining to oil and gas both in South Africa and in other African countries. He has assisted the Department of Minerals and Energy in developing and or revamping the legal and regulatory regime pertaining to the mining of minerals, oil and gas in South Africa. He has been involved in various commercial and corporate transactions including, structured finance, mergers and acquisition, Initial public offering, listing of assets, restructuring of entities which involved separation of assets, selling of assets share swaps, introduction of strategic partners etc. He provides company secretarial services, corporate governance and King 111 Report compliance audit /services with specific focus on, inter alia, municipalities, government departments on all spheres of governance, state owned entities and development agencies and public entities. Advising government departments and public entities entail a deep understanding of the constitution, administrative law, public finance management both at national, provincial and municipal level.
Education

  • University of Cape Town, (LLM) Shipping and Maritime Law
  • University of Oxford, Negotiations course and Oil & Gas certificate, London, United Kingdom 
  • Cambridge College, Shipping and Maritime Economics Certificate, London, United Kingdom  
  • University of Cape Town. Bachelor of Laws (LLB), Cape Town, South Africa 
  • University of Cape Town, Bachelor of Social Science, Cape Town, South Africa

Membership

  • The Law Society of the Northern Transvaal. 
  • Assisting with the acquisition of exploration and negotiation of Profit Sharing Contract and Join Operating Contract, Rig and Service Contract. 
  • Assisting with the acquisition of exploration block 
  • Acquiring equity of a producing field. Conducting due diligence 
  • Joint operating contract 
  • Acquiring equity on a producing field. Due diligence 
  • Service contracts 
  • Assisting with the accommodation contracts with the industry 
  • Purchase and or Sale of crude oil, reformate, condensate 
  • Purchase and or Sale of middle distillates. 
  • Application for all regulatory licenses (both in south Africa and in other countries). 
  • Vessels contracts 
  • Supply Agreement between client and the Oil Industry 
  • Technology License agreements 
  • Visa and Permit Applications
  • Advise on South African Immigration laws 
  • Eastern Province Provincial Department 
  • Overseeing all contracts and agreements in the office of the Premier.
  • Advising the Premier on all matters pertaining to contracts and agreements of the Eastern Province Provincial Department. 
  • Head of legal department of Transnet and providing advice on all commercial ports in South Africa.
  • Advising on the formulation of National Ports Authority Act and the Port Regulations.  Attending to Mergers
  • and Acquisitions and Project and Structured Finance work. 
  • Petroleum Oil and Gas Corporation of South Africa (PetroSA) - Head of Legal Department  
  • Eastern Province Provincial Department – Director  
  • Transnet t/a Portnet – Head of Legal Department  
  • Simpson Thatcher & Bartlette (New York, Manhattan) – Corporate and Commercial Attorney  
  • Chuene Kwianana Inc – Corporate and Commercial Attorney (Salaried Director)  
  • Chuene Kwinana Inc – Candidate Attorney 
  • Telkom: Initial public offering representing the global advisors to the transaction. 
  • Eskom: Corporatization of Eskom, drafting of Eskom Holding Act, Eskom enterprises, aviation arbitration, advising and conducting civil and commercialization pertaining to Eskom and its division. 
  • Department of Public Enterprises: Reconstruction of the Alexkor mine with a view to introduce a strategic equity partner i.e. Due to diligence, stakeholder engagement, road shows etc. 
  • MTN: Advised on the expansion to Nigeria, drafted standard subscription agreements, advised oncompetition matters. Advising the head of the legal department. 
  • New Africa Investment Limited (NAIL): Restructuring NAIL assets i.e. unbundling, listing of media assets, share swaps and disposal of equity on some of NAIL’s assets. Advising the board of NAIL. 
  • Thebe Investments: Drafting and reviewing of commercial contracts, litigation, negotiations and opinions 
  • Johannesburg Fresh Produce (JFP): Corporatized and commercialised JFP company secretarial services 
  • British Petroleum: Acquisition of property assets, lease agreements, regulatory approvals, litigation etc. 
  • Metrorail: Acquisition of locomotives, reviewing finance agreements (Sale and lease back).
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