Restructuring/Insolvency
Global Guide 2024 : South Africa
Band 1
Email address
[email protected]Contact number
+27 11 269 7600About
Provided by ENS
ENSafrica’s dedicated insolvency and restructuring team focuses on minimising loss, maximising returns and assisting clients throughout Africa to proactively manage financial risk and exposure.
When insolvency is inevitable, we have the expertise to develop and implement effective recovery strategies for viable business activities, and to maximise returns for creditors.
As a result, we have acted in many complex cross-border insolvencies and restructurings, and have been called in to assist in most major corporate collapses and restructurings in Africa.
We are at the cutting edge of developing insolvency and business rescue law in Africa, and have been involved in the most prestigious and important matters since the introduction of business rescue, playing a significant role in procuring successful results in this regard.
Recent work highlights:
- Highly complex restructuring of the Edcon Group (with stores in Botswana, Ghana, Lesotho, Namibia, South Africa and Zimbabwe), involving South African banks, London-based lenders and New York-based financial creditors.
- ZAR22-billion recovered from the Steinhoff Group within five months for Absa Bank, China Construction Bank, Citibank South Africa, Depfin Investments, HSBC Bank South Africa, Investec Bank, iNguza Investments, Nedbank, Old Mutual, Rand Merchant Bank, Rapvest, Standard Bank of South Africa and Standard Chartered Bank.
Chambers Review
ENS houses a highly skilled business rescue and insolvency practice, with a deep bench, and resources spread across its Johannesburg, Cape Town and Durban offices. The firm demonstrates comprehensive expertise covering debt recovery, securities enforcement, accelerated M&A and financial restructuring. It represents a number of major banking institutions and business rescue practitioners, with experience handling restructuring and insolvency mandates in the mining, manufacturing, construction and retail sectors. The team regularly advises on both the creditor and debtor sides and is ably supported by the firm’s complementary expertise in regulatory, labour and environmental issues.
Work Highlights
- ENS advised Chrometco, and business rescue practitioner Siviwe Dongwana, on the restructuring of the Sail Group.
Strengths
Provided by Chambers
"ENS has a very strong awareness of what we want to achieve, which is to not get embroiled in litigation but to find a commercial solution."
"The experience of the lawyers is based upon the local legal landscape, their in-depth knowledge of the market and its participants."
"ENS team is commercial and willing to work with us to find practical solutions."
"ENS has a very strong awareness of what we want to achieve, which is to not get embroiled in litigation but to find a commercial solution."
"The experience of the lawyers is based upon the local legal landscape, their in-depth knowledge of the market and its participants."
"ENS team is commercial and willing to work with us to find practical solutions."
Notable Practitioners
Paul Winer is a seasoned lawyer with extensive experience advising on a multitude of issues stemming from insolvency and liquidation, including recovery claims, business rescue and distressed acquisitions. His skill in business rescue is sought out by a range of stakeholders, including lenders, investors and distressed companies.
"Paul Winer is an expert with a world of experience. He is highly regarded and respected in his field over many years of practice."
Leonard Katz commands an impressive reputation for his insolvency litigation practice and continues to assist the firm's clients alongside his managerial duties.
Gary Oertel is instructed on some of the most high-profile restructuring and business rescue proceedings in the country, acting for a myriad of distressed companies, business rescue practitioners and lenders.
"Gary Oertel is a great lawyer."
Ntlhane Makena is noted for his representation of both distressed entities and financial lenders in business rescue proceedings and debt recovery. He particularly impresses for his role on a number of high-profile restructuring mandates in the aviation and financial services sectors.
Ranked Lawyers at
ENS
South Africa
Members
Provided by ENS
Adam Lombard
Andre Symington
Head of Department
Lisa Melis