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Madillo Mofokeng

Associate

EMAIL

madillo@shanduattorneys.co.za

TEL

27 (0)72 481 9328

EDUCATION

LLB (Bachelor of Laws) – University of South Africa.

BACKGROUND

Madillo joined Shandu Attorneys in June 2019. During her studies for her Bachelor of Laws at the University of South Africa, Madillo took part in numerous activities including the University’s Moot Court and was elected as one of the twelve students to represent the Pretoria Region. This is a prestigious competition which gives LLB students an opportunity to exhibit their practical legal skills.

She was also a member of Unisa Law Student Association and Black Lawyers Association Student Chapter and was elected as part of the executive committee for both structures.

In June 2017, Madillo joined Mashabela IP Attorneys as a Legal Assistant Intern.

She is the inaugural President of the South African Black Women in Law (SABWiL) Alumni Association. SABWiL is an organization that assists law students and aspirant legal practitioners with shadowing legal practitioners and gaining practical legal skills.

AREAS OF EXPERTISE

Madillo works closely with all her colleagues with the provision of business law solutions in all four corporate and commercial law disciplines within Shandu Attorneys (that is, business transactions, business agreements, business dispute resolutions and commercial property).

TRANSACTIONAL EXPERIENCE

  • Lead Attorney advising Industrial Development Corporation of South Africa Limited in the implementation of the restructuring of its shareholding in Glodina Towelling Proprietary Limited and Colibri Towelling Proprietary Limited through special corporate rules in the Income Tax Act, which afford ‘rollover’ tax relief to facilitate a corporate restructure of a group of companies. The transaction involved a series of transactions including an asset-for-share transaction (section 42), an amalgamation transaction (section 44), an unbundling transaction (sections 46 and 46A), and transactions in respect of liquidation, winding-up and deregistration of some companies. Transaction value: Neutral. 2019 – 2020.
  • Lead Attorney advising 3Sixty Financial Services Group Proprietary Limited (a subsidiary of NUMSA Investment Company Proprietary Limited) in its acquisition of the majority of the entire issued shares in the capital of Salt Employee Benefits Proprietary Limited.  Transaction value: R 170m+. 2019.
  • Lead Attorney advising Industrial Development Corporation of South Africa Limited in its acquisition of shares in Celrose Proprietary Limited from Edcon Limited. Transaction value: R 181m. 2019.
  • Lead Attorney advising The Chairperson and The Acting Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State in 2 (two) urgent High Court Applications by and against Mr Kubentheran Moodley involving the interpretation of the search and seizure powers of the Commission and related implementation of searches and seizures and review applications and appeals. 2019.
  • Lead Attorney advising Mathupha Capital Proprietary Limited in its acquisition of the Aveng Rail business from Aveng Limited. Transaction value: R 133m. 2018 – 2019.
  • Lead Attorneys advising First Avenue Investment Management Proprietary Limited in a series of transactions with MMI Finance Proprietary Limited involving the merger and amalgamation of certain collective investment funds and the financing of the said transactions through the loan and equity transactions. Transaction value: R 10m. 2018.
  • Lead Attorney advising Liberty Group Limited, Liberty Two Degrees and Tuscaloosa 131 Proprietary Limited in Phase II of the development by the abovementioned companies of a 200-bed hospital in Richards Bay, KwaZulu Natal to be operated by Melomed. Transaction value: R 100m.
    2016 – 2017. 
  • Lead Attorney advising Nozala Investments Proprietary Limited relating to the restructuring of the transaction relating to the construction, funding and operation of the 100-bed Kiaat Private Hospital in Mbombela, Mpumalanga. 2016-2017.
  • Co-lead Attorney advising Public Investment Corporation SOC Limited in the loan facility provided to a consortium of black business people (Sakhumnotho and Kilimanjaro) for the purposes of the acquisition of shares by the said consortium in Total SA Proprietary Limited. Transaction value: R1.8bn. 2015.
  • Co-lead Attorney advising Transnet SOC Limited in the syndicated amortising facility to be provided to Transnet by a syndicate of banks and supported by an export-credit guarantee to be provided to the finance parties by the Export-Import Bank of the United States (Ex-Im Bank), in connection with the purchase by Transnet of 233 Evolution Series GE ES40ACI diesel-electric locomotives from General Electric South Africa Technologies. Transaction value: R6bn. 2015-2016.
  • Lead Attorney advising Industrial Development Corporation of South Africa Limited on a cost overrun facility of US$10m– and a senior loan facility of US$75mil to be provided by IDC together with a consortium of other lenders (including international lenders) – for the design, construction, commissioning and operation of a phosphate plant in South Africa. Transaction value: US$85m. 2015.
  • Lead Attorney advising Industrial Development Corporation of South Africa Limited on the amendment of the governance documents of Foskor Proprietary Limited and 3 special purpose vehicles formed in 2009-2010 as part of the Foskor BEE Transaction to ensure that the rights of IDC and a shareholder and funder of Foskor and the BEE SPVs are not compromised. Transaction value not disclosed. 2015–2016.
  • Lead Attorney advising a South African entity with regard to an investment by a Brazilian entity in a plant for manufacturing of transformers in Mozambique. Transaction value not disclosed. 2015.
  • Lead Attorney advising a South African entity in raising R100m from Investec Bank Limited. Transaction value: R100m. 2015.
  • Lead Attorney advising ETG (a leading international supplier of agricultural products) in its acquisition of a controlling interest in Mama’s Brands, a leading Namibian commodity trading company. Transaction value: US$5m. 2012-2013.
  • Lead Attorney advising Fountainhead Property Trust and Fountainhead Property Trust Management Limited on various issues relating to compliance with the Collective Investment Schemes Control Act and various corporate governance issues. 2012-2013.
  • Advised Pareto Ltd in respect of its acquisition of 50% ownership interest in each of the letting businesses carried on by Old Mutual Life Assurance Company (South Africa) at Menlyn Shopping Centre in Pretoria and Cavendish Square and Cavendish Connect in Cape Town. Including advising in respect of the financing of the transaction by RMB; the largest commercial property transaction in South Africa. Transaction value: R2.4bn. 2010.

PUBLICATIONS

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