Bowmans’ ports, rail and logistics expertise integrates all of the contractual and regulatory aspects of ports, terminals and logistics corridors with the physical establishment and financing of the infrastructure.

Millions of tons of import and export cargoes move along the logistics corridors of Africa every day, using road, rail and pipelines for carriage between the hinterland and the ports and using cargo storage facilities and loading or discharge facilities at the terminals that populate those ports.

Our offering includes advising on port, rail and terminal regulations and legislation, terminal throughput agreements, ISPS, port economic regulation, terminal operating procedures (including rail and stockyard interfaces and management processes), storage contracts, establishment of all infrastructure pertaining to ports, terminals, storage facilities, inland terminals and logistics corridors such as rail and pipelines.

Our expertise ranges from the financing and physical establishment of the infrastructure through to the contractual and regulatory aspects of its operation. In this context, we also advise our clients on establishing logistics infrastructure, relationships between land and sea users, building contracts from source to sea and equipment and other procurement contracts, as well as project finance and public-private partnerships, concessions and other land use agreements.

Our service extends to undertaking risk management assessments as well as all litigation between parties to port, terminal and logistics operations.

We serve all of the ports in South Africa, including Cape Town, Durban, Ngqura/ Coega, Port Elizabeth, Richards Bay and Saldanha and numerous ports in Southern Africa including all Kenyan, Mozambiquan and Tanzanian ports as well as ports in Angola, Madagascar, Mauritius and Namibia. We are also the listed legal correspondent in the ports of Cape Town and Port Elizabeth for most of the International Group of P&I Clubs.

We have worked on a number of major projects, including the new Durban cruise terminal, the Durban Dig-out Port as well as full rail, terminal and port developments in a number of countries in Africa including Ghana, Kenya, Mozambique, Namibia, South Africa and Tanzania.

Our clients include various government departments and para-statals, international logistics infrastructure developers and operators, shipping lines, national port authorities, financiers and insurers.

• MSC Cruises S.A. on the construction aspects of its bid for a concession to design, build and operate a new cruise terminal and related infrastructure in South Africa.
• Orion Engineered Carbons on the relocation of its liquid bulk storage facilities from Port Elizabeth/ Gqeberha to the Coega SEZ.
• APM Terminals (APMT) on its joint venture to develop a terminal in the port of Mombasa. This was a significant investment for APMT in East Africa. The transaction involved the acquisition and development of a container freight station. Our role included undertaking a legal due diligence, providing advice on the legislative environment and the ongoing changes to Kenyan maritime, land and property laws, as well as regional customs regulation and licensing.
• Aeolus Kenya Ltd BVI on the conclusion of a framework agreement between Aeolus Kenya Ltd BVI and the Kenyan Government for a six phase project in the LAPSSET Corridor, which will include a port, LNG plant, destination plant, pipeline and airport.
• ICTSI on its bid to acquire a portion of the business of and operate the Durban Container Terminal Pier 2.
• Terminal Investments Ltd on its bid for and concession to operate the Walvis Bay container terminal.
•  an international company on its successful bid for and concession to develop and operate an off-shore marine supply base at Saldanha Bay.
• a confidential client on the establishment of a LNG terminal and landside infrastructure at the Port of Matola, Mozambique.
• an international LPG logistics provider and trader in connection with LPG storage and rail logistics facilities in both South Africa and Mauritius.
• the Passenger Rail Agency of South Africa (PRASA) in obtaining an interdict regarding the rescission of court orders following successful arbitration awards. The court orders had been granted as a result of settlement agreements concluded without proper authority and due process within PRASA thereby compromising its governance controls.
• a contractor on EPC and O&M contracts relating to a major roads PPP programme in Kenya.
• a client on its disputes relating to maintenance works on rail infrastructure.
• a confidential client on the concessioning of Kenya and Uganda Railways, for 25 years, by the Kenya and Uganda Governments. We acted as team leader in charge of:
  • negotiating concessioning agreements;
  • providing a review of the legal framework in Kenya;
  • drafting and assisting in the negotiation of finance documents; and
  • completing all the legal work relating to corporate structuring in Kenya (including work on shareholders agreements).
• Ferromarine Africa (Saldanha) and Ferromarine Cape (Cape Town) on the creation of oil and gas manufacturing and repair facilities.
• a confidential client on a multi-jurisdictional logistics transport, warehousing and storage due diligence review.
• the Port of Singapore Authority and Marubeni on its bid for the development of the second container terminal in Mombasa.
• Oiltanking Grindrod Calulo (an oiltanking subsidiary) on its proposed BOOT agreement for an oil storage facility at the Port of Ngqura.
• the lenders on the Walvis Bay Gas to Power Project on the financing of facilities comprising an LNG floating storage re-gasification unit, offshore pipeline and port receiving facilities, and open cycle gas turbine power plant.
• ENRC (through consulting firm A-Cubed Consulting (Pty) Ltd), on the development of a 1 200km transport system to carry coal by rail from Tete Province, Mozambique and ship it through a terminal at Nacala, including all regulatory and contractual documentation.
• TCM Bulk Terminal in Matola, Mozambique, including drafting terminal regulations, standard terms and conditions and take or pay agreements.
• Transnet Ltd, as transaction adviser on the proposed new Durban Dig-out port in which the old airport will be dug-out and converted into a multi-terminal additional port for Durban.
• LBH Mozambique Lda on new port regulations for the Port of Maputo.
• a confidential client on port terminal and marine transport in the Great Lakes region.
• a confidential client on the development and use of LPG off-loading and storage facilities in one of the South African ports.