Samantha Saffy
Partner | Johannesburg
Contact
T: +27 11 669 9391
E: samantha.saffy@bowmanslaw.com
Overview
Samantha is a partner in our Banking and Finance Department and a member of the Commercial Property Practice Group. She specialises in commercial property transactions, due diligence in the property and mining sectors, commercial property developments, property finance and securities.
Samantha has significant experience in all aspects of commercial property law, property development and property finance. Samantha has been actively involved in the establishment of numerous freehold and sectional title, commercial, industrial and residential developments throughout South Africa as well as registering security in the form of mortgage and notarial bonds for project finance and structured finance transactions.
She works closely with the Project Finance and Mergers and Acquisition practice in all transactions and advises on land tenure and security aspects including compliance on land issues arising from renewable energy projects under the various rounds of the South African Department of Energy’s renewable energy program – such projects include solar PV, hydro, landfill gas and wind projects. Over the years, she has been involved in a number of mining related transactions and mergers and acquisitions in the mining sector where she has regularly advised on all property aspects relating to those transactions including mining title and mortgage bond registration of over mining rights.
Experience
Samantha has advised:
- Harmony Gold Mining Company in relation to its announced acquisition of Anglogold Ashanti’s Moab Khotsong operations, and in particular the property and servitude related aspects, in the North West of South Africa for approximately ZAR 4 billion (value USD 300 million).
- A borrower in relation to property due diligence, land sale agreement, long term lease agreement, right of way servitudes and mortgage and notarial bond documents for the development of a limestone mine and construction of a cement plant in the Limpopo Province (value ZAR 1.025 billion).
- Eris Property Group, Old Mutual Insure and First National Bank in relation to the development of a multilevel parkade development in the Johannesburg CBD.
- A lender in relation to a suite of options, long-term lease agreements and mortgage and notarial bond documents for the financing of the design, construction, operation, management and maintenance of a tailings retreatment plant in Chambishi, Zambia (value USD 20 million).
- Mpande Property Fund in relation to the funding and acquisition, and lease-back, of the Consol Logistics Park in Clayville from Consol Glass (value ZAR 287 million).
- Capitec on its acquisition of the Liberty Life Building on Century City Cape Town from Spear REITT Limited (value ZAR400million).
- African Rainbow Minerals Limited and Assmang Proprietary Limited in relation to the disposal of over 100 immovable properties, including employee houses and mining properties on which the Machadodorp mining operations are conducted.
- Eris Property Group and WBHO on all aspects of a development for student accommodation in Hatfield Pretoria, from the acquisition of the property, to the co-ownership agreements, development agreement and funding and the related security arrangements for the implementation of the transaction.
- Norsk Solar on a suite of lease options, sale agreements and long-term lease agreements for the development, design, construction, operation, management and maintenance of a solar photovoltaic power generation facility and/or battery energy storage system to be located on the properties in the Lephalale Local Municipality Limpopo Province.
- Barloworld Limited on all aspects of the acquisition, sale, lease and development of Barlow Park development comprising of a new high-density residential precinct with ancillary uses including convenience retail educational, commercial and healthcare as part of the overall development, partnering with Atterbury (value ZAR 3 billion).
- Conducted numerous property due diligence for developers for compliance with REIPP Procurement Programme and advised the lenders in respect of options, lease and sale agreements, servitude agreements and mortgage and notarial bond documents and advised on other land requirements for financial close in respect of solar, wind and hydro projects.
Awards
- Recognised by Best Lawyers 2017 for Real Estate Law
‘Samantha Saffy stands out – she builds good relationships with clients and shows understanding of their needs.’ – Legal 500, 2024
AREA OF EXPERTISE
Qualifications
- BCom and LLB degree from the University of the Free State.
- Certificate in Prospecting and Mining Law from the University of Witwatersrand.
- Admitted conveyancer and notary public.
INSIGHTS
Brochures
Overview
Samantha is a partner in our Banking and Finance Department and a member of the Commercial Property Practice Group. She specialises in commercial property transactions, due diligence in the property and mining sectors, commercial property developments, property finance and securities.
Samantha has significant experience in all aspects of commercial property law, property development and property finance. Samantha has been actively involved in the establishment of numerous freehold and sectional title, commercial, industrial and residential developments throughout South Africa as well as registering security in the form of mortgage and notarial bonds for project finance and structured finance transactions.
She works closely with the Project Finance and Mergers and Acquisition practice in all transactions and advises on land tenure and security aspects including compliance on land issues arising from renewable energy projects under the various rounds of the South African Department of Energy’s renewable energy program – such projects include solar PV, hydro, landfill gas and wind projects. Over the years, she has been involved in a number of mining related transactions and mergers and acquisitions in the mining sector where she has regularly advised on all property aspects relating to those transactions including mining title and mortgage bond registration of over mining rights.
Experience
Samantha has advised:
- Harmony Gold Mining Company in relation to its announced acquisition of Anglogold Ashanti’s Moab Khotsong operations, and in particular the property and servitude related aspects, in the North West of South Africa for approximately ZAR 4 billion (value USD 300 million).
- A borrower in relation to property due diligence, land sale agreement, long term lease agreement, right of way servitudes and mortgage and notarial bond documents for the development of a limestone mine and construction of a cement plant in the Limpopo Province (value ZAR 1.025 billion).
- Eris Property Group, Old Mutual Insure and First National Bank in relation to the development of a multilevel parkade development in the Johannesburg CBD.
- A lender in relation to a suite of options, long-term lease agreements and mortgage and notarial bond documents for the financing of the design, construction, operation, management and maintenance of a tailings retreatment plant in Chambishi, Zambia (value USD 20 million).
- Mpande Property Fund in relation to the funding and acquisition, and lease-back, of the Consol Logistics Park in Clayville from Consol Glass (value ZAR 287 million).
- Capitec on its acquisition of the Liberty Life Building on Century City Cape Town from Spear REITT Limited (value ZAR400million).
- African Rainbow Minerals Limited and Assmang Proprietary Limited in relation to the disposal of over 100 immovable properties, including employee houses and mining properties on which the Machadodorp mining operations are conducted.
- Eris Property Group and WBHO on all aspects of a development for student accommodation in Hatfield Pretoria, from the acquisition of the property, to the co-ownership agreements, development agreement and funding and the related security arrangements for the implementation of the transaction.
- Norsk Solar on a suite of lease options, sale agreements and long-term lease agreements for the development, design, construction, operation, management and maintenance of a solar photovoltaic power generation facility and/or battery energy storage system to be located on the properties in the Lephalale Local Municipality Limpopo Province.
- Barloworld Limited on all aspects of the acquisition, sale, lease and development of Barlow Park development comprising of a new high-density residential precinct with ancillary uses including convenience retail educational, commercial and healthcare as part of the overall development, partnering with Atterbury (value ZAR 3 billion).
- Conducted numerous property due diligence for developers for compliance with REIPP Procurement Programme and advised the lenders in respect of options, lease and sale agreements, servitude agreements and mortgage and notarial bond documents and advised on other land requirements for financial close in respect of solar, wind and hydro projects.
Awards
- Recognised by Best Lawyers 2017 for Real Estate Law
‘Samantha Saffy stands out – she builds good relationships with clients and shows understanding of their needs.’ – Legal 500, 2024
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