10 Years of Excellence
In the first decade since the formation of Brink Cohen Le Roux Inc. in September 1993, we have acted as legal advisors to interested
parties in large mergers and acquisitions, substantial corporate paper issues, inquests and inquiries concerning major
mining disasters and accidents, several Commissions of Inquiry, litigious matters of public interest and industry-wide labour
disputes and strikes.
BCLR has been rated as one of South Africa’s top legal firms in several publications and its individual partners have been ranked as
prominent practitioners in their respective areas of practice on many occasions. Three of our partners have acted or are acting as
professors of law at leading South African universities and various partners have lectured at a wide range of seminars and
published academic articles throughout the ten year period. We also have managed to feature in the South African law reports on
several occasions.
We set out in this publication a summary of some of the highlights achieved by the firm and its individual partners over the last
ten years. It is by no means intended to be a comprehensive list of BCLR’s achievements, but gives an overview of the standing, skills
and achievements of the firm and its individual partners during the first decade of BCLR’s existence.
We believe we are well placed to continue to be ranked as one of South Africa’s leading law firms in our areas of specialisation.
Perhaps the following view of our firm expressed by one of the leading practitioners in the City of London when quizzed by In Brief,
a London publication for City lawyers, during preparation of its June 2003 South African update, on who they see as the star billers
amongst their South African counterparts, says it all:
“The firm is the best example of a successful break-away firm you can get.”
Some of the highlights in world events during the first decade of our firm's existence, included the following:
(1993) Nelson Mandela and FW de Klerk share the Nobel Peace Prize
(1994) South Africa holds its first free elections
(1995) South Africa wins the Rugby World Cup
(1996) The Constitution of South Africa, “One law for one nation” is adopted
(1997) The Truth & Reconciliation Commission begins hearings regarding human rights violations
(1998) President Clinton becomes the first US President to visit South Africa
(1999) The Sterkfontein Caves are formally declared a World Heritage Site
(2000) Municipal elections constitute a landmark event in the democratic consolidation of South Africa
(2001) A total lunar eclipse, visible from South Africa, occurs on 9 January 2001
(2002) Mark Shuttleworth is the first African in space
(2002) The World Summit for Sustainable Development is held in South Africa
(2003) Government announces HIV/AIDS anti-retroviral rollout
(1993) Nelson Mandela and FW de Klerk share the Nobel Peace Prize
BCLR
- advised Agipcoal International BV in connection with its disinvestment and sale of
Agipcoal South Africa (Proprietary) Limited to Duiker Exploration Limited
- advised Persetel Holdings Limited on its renounceable rights offer and listing on the
Johannesburg Stock Exchange
- advised Fuji Bank and Nippon Denko Co. Limited in connection with a ferrochrome joint
venture with Samancor Limited
- advised East Rand Mines Proprietary Mines, Limited in connection with a renounceable
rights offer for ZAR550 million to its ordinary shareholders as well as a capital restructuring
- represented the five biggest employers and the Chamber of Mines of Bophuthatswana
in its opposition to the draconian Bophuthatswana labour legislation
- representated Gaynor Young, the actress who sustained multiple injuries after a stage
accident in the State Theatre in an appeal to the then Supreme Court against the
dismissal of her claim for increased compensation
- represented Vaal Reefs Exploration and Mining Company Limited during urgent
proceedings to stop an illegal strike of 3 000 employees
^ top ^
(1994) South Africa holds its first free elections
BCLR
- represented the Chamber of Mines at the Leon Commission of Inquiry into Safety and
Health in the Mining Industry. The Commission’s report gave rise to the enactment of the
Mine Health and Safety Act, 1996
- represented Harmony Gold Mining Company Limited in the inquest, inquiry and criminal
proceedings concerning the Merriespruit slimes dam disaster which occurred on
22 February 1994 and resulted in the deaths of 17 people
- advised NM Rothschild & Sons Limited and Smith New Court Corporate Finance Limited
as underwriters of a renounceable rights offer by HJ Joel Limited for ZAR284 million
- advised Yabeng Investment Holding Company Limited regarding its disposal of a 30%
shareholding in United Breweries (Proprietary) Limited
- advised Persetech Holdings Limited in connection with a disposal of its businesses,
subsidiary and associated companies, the voluntary winding-up of Persetech, the
termination of Persetech’s listing on the Johannesburg Stock Exchange and the
subsequent listing of Persetel Holdings Limited on the Johannesburg Stock Exchange
- advised Yabeng Investment Holding Company Limited in connection with its acquisition
of control of the EG Chapman Group
^ top ^
(1995) South Africa wins the Rugby World Cup
BCLR
- represented Vaal Reefs Mining and Exploration Company Limited in the inquest and
inquiry, criminal proceedings and commission of inquiry concerning the biggest
locomotive accident in the mining industry of South Africa which claimed the lives
of 104 mine workers, where a locomotive and personnel carriage plunged
down a shaft
- represented Elandsrand Gold Mining Company Limited at an inquiry concerning a butane
explosion in which 8 employees died and which was the only underground butane
explosion in the South African mining industry to date
- advised OTK Limited in connection with a scheme of arrangement proposed by OTK
(Co-operative) Limited between it and its members regarding its conversion to a public
company, being the first South African co-operative to successfully convert and
subsequently list its shares on the Johannesburg Stock Exchange
- advised Ericsson South Africa (Proprietary) Limited in connection with the disposal by
JSE listed Kopp Electronics Limited to Ericsson of the entire issued share capital of
Automatic Systems Manufacturing (Proprietary) Limited
- advised Durban Roodepoort Deep, Limited regarding a renounceable rights offer to
ordinary shareholders of 2 640 000 linked units at an issue price of 3 000 cents per
linked unit
- advised Fralex Limited in connection with a share capital reconstruction involving the
creation of N shares
^ top ^
(1996) The Constitution of South Africa, “One law for one nation” is adopted
BCLR
- represented certain mines of Gold Fields at a commission of inquiry presided over by
Mr Justice Myburgh concerning labour violence at 3 mines. The incidents of violence
investigated related to the killing of 42 mine workers, the assault of 203 mine workers
and the use of more than 10 000 dangerous weapons, including fire-arms
- advised Durban Roodepoort Deep, Limited in the acquisition of all the ordinary shares,
preferred ordinary shares and share options in the share capital of West Witwatersrand
Gold Holdings Limited in exchange for linked units
- advised OTK Holdings Limited in connection with its listing on the Johannesburg Stock
Exchange and the preparation of its prelisting statement
- advised Trans-Caledon Tunnel Authority in connection with its Lesotho Highlands Water
Project Registered Loan Stock (Loan No. 2) issue for a nominal value of ZAR300 million
and its Registered Loan Stock (Loan No. 3) issue for a nominal value of ZAR300 million
- advised Durban Roodepoort Deep, Limited in connection with the acquisition of all the
ordinary and preference shares in West Witwatersrand Gold Holdings Limited
- represented QIT-Fer et Titane Inc (Canada) in International Chamber of Commerce (ICC)
arbitration proceedings in London
^ top ^
(1997) The Truth & Reconciliation Commission begins hearings regarding human rights violations
BCLR
- advised an empowerment consortium in connection with the disposal by Anglo American
of its controlling interest in JCI, being one of the first major black empowerment
transactions in South Africa
- advised RMP Properties Limited regarding the disposal by RMP of its land clearing and
gold recovery operations
- represented Deelkraal Gold Mining Company Limited in a joint inquest and inquiry concerning
a rock burst which occurred as a result of a seismic event of magnitude 3,3 on the
Richter Scale and which resulted in the death of 9 employees and the injury of another 23
- represented Hartebeestfontein Gold Mining Company Limited in an inquiry concerning a
seismic event of magnitude 4,1 on the Richter Scale which resulted in the death of 18 mine
workers and the injury of another 23
- advised Komati Basin Water Authority (Kobwa) in connection with the private placing of
its registered loan stock to a maximum nominal value of ZAR380 million
- advised Abraxas Limited on its listing on the JSE Securities Exchange SA
- advised ABN Amro Lease Holding N.V. in connection with the acquisition of Investec’s
vehicle lease fleet
- advised Multichoice Limited on its acquisition of Worldnet, later to be renamed as MWeb
Limited, from the CSIR
- advised M-Net/Supersport on its acquisition of strategic stakes in sport teams such as the
Natal Sharks, Free State Cheetahs, Supersport United soccer team and the Northern Titans
cricket team
- advised Caesars World Inc (USA) on the formation of a joint venture which successfully bid
for a gaming license to own and operate the Caesars Gauteng casino in Johannesburg
^ top ^
(1998) President Clinton begins the first visit of a US President to South Africa
BCLR
- advised MKTV Co-operative Limited regarding a scheme of arrangement proposed by
MKTV Co-operative Limited between MKTV and its members for its conversion from a
co-operative to a public company
- advised RMP Properties Limited and Barprop Limited regarding a partial unbundling of
RMP and a restructuring of Barprop
- advised Yabeng Investment Holding Company Limited regarding the disposal by Yabeng
of its wholly-owned subsidiary, Yabeng Finance (Proprietary) Limited, and its entire
shareholding in Unibank Group Limited to Hosken Consolidated Investments Limited
- advised FBC Holdings Limited regarding the disposal by FBC Holdings Limited’s
business as a going concern and the issue of revised listing particulars regarding
FBC Holdings Limited
- advised Barprop Limited regarding an odd lot offer, consolidation and sub-division of the
company’s linked unit capital
- represented the Grootvlei Proprietary Mines Limited in obtaining an interdict to prevent
approximately 1 800 employees from striking
- advised the landlord at the Cloisters Shopping Centre, Rivonia in a major rental dispute
with its tenants
^ top ^
(1999) The Sterkfontein Caves are formally declared a World Heritage Site
BCLR
- represented Absa Bank Limited in the lifeboat (Reserve Bank) claim considered by the
Heath Commission of Inquiry
- represented Anglo Gold’s Mponeng mine in a flammable gas accident which claimed the
lives of 19 mine workers
- advised Barprop on a scheme of arrangement proposed by Old Mutual between Barprop
and its linked unit holders (other than Old Mutual)
- advised Fralex Limited regarding its unbundling in terms of section 60 of the Income Tax
Act, 1962
- advised OTK Holdings Limited in connection with the conversion of its compulsorily
convertible debentures into ordinary shares and the consolidation of its issued
share capital
- advised OTK Limited regarding the sale by SOK Holdings Limited of all the shares in the
issued share capital of Sentraal-Oos Corporate Limited to OTK Limited
- advised Franco Nevada Mining (Canada) in connection with its attempted acquisition of
Gold Fields South Africa, which the Minister of Finance declined to approve
^ top ^
(2000) Municipal elections constitute a landmark event in the democratic consolidation of South Africa
BCLR
- advised Comparex Holdings Limited regarding the disposal by Comparex of its European
businesses to Dimension Data Holdings Limited and the partial unbundling of Dimension
Data shares
- advised Trans Hex Group Limited in connection with a scheme of arrangement proposed by
it between Benguela Concessions Limited and its ordinary shareholders
- advised Trans Hex Group Limited in connection with a scheme of arrangement proposed
by Trans Hex Group Limited between Gem Diamond Mining Corporation Limited and its
ordinary shareholders
- a member of our firm presided at an inquiry concerning three train accidents which
occurred during October and November 2000 at Wadeville, Mlamlankunzi and New
Canada in which 4 people were killed and 144 injured
- advised Sasol Financing (Proprietary) Limited regarding its ZAR2 billion domestic medium
term note programme for commercial paper issues
- advised the International Finance Corporation (IFC) in the Kiwane securitisation
- advised British Land Company plc in connection with an offer to Stanbic and Liberty
Group for control of Liberty International plc
^ top ^
(2001) A total lunar eclipse, visible from South Africa, occurs on 9 January 2001
BCLR
- advised Trans-Caledon Tunnel Authority regarding its registered stock (WS04) issue of
ZAR600 million with an authorised nominal value of ZAR5 billion
- advised Eco-Bat Technologies plc in connection with a scheme of arrangement it
proposed between JSE listed Sondor Industries Limited and its shareholders (other than
Eco-Bat and its subsidiaries)
- advised the lead managers, co-lead managers and managers in connection with Telkom
SA Limited’s ZAR5 billion 10,5% corporate bond issue (TL06)
- advised ALSTOM South Africa in connection with the disposal by JSE listed NEI
Engineering Limited of its assets as a going concern to ALSTOM South Africa
- advised Real Africa Durolink Holdings Limited (RAD) in connection with a section 311
scheme of arrangement for the acquisition of all the shares in RAD
- advised the arrangers and dealers in connection with the ZAR3,5 billion domestic
medium term note programme of African Bank Limited
^ top ^
(2002) Mark Shuttleworth is the first African in space
BCLR
- advised FirstRand Bank Limited in connection with the purchase of BOE Bank Limited’s
home loan book for ZAR11,2 billion
- represented Absa Bank in the Myburgh Commission of Inquiry into the reasons for the
rapid depreciation of the Rand during 2001
- advised the lead managers and co-lead managers in connection with Transnet Limited’s
R3 billion 12% corporate bond issue (due 2006)
- advised the joint lead managers in connection with Denel (Proprietary) Limited’s R825
million 12,8% corporate bond issue
- advised Afgri Operations Limited (formerly OTK Operations Limited) regarding a scheme
of arrangement proposed by Afgri between Laeveld Korporatiewe Beleggings Limited
and its shareholders (other than Afgri Limited and its subsidiaries)
- appeared on behalf of Lucite International in a claim for compensation in terms
of the Compensation for Occupational Injuries and Diseases Act, 1993, concerning
the question whether an employee had contracted occupational asthma as a result
of being exposed to methyl methacrylate. The case was of crucial importance
as methyl methacrylate is a substance commonly used in dental products, which
products would have been stigmatised. The product is manufactured by Lucite at
a very large number of sites in the US, Canada, Europe and Asia
^ top ^
(2002) The World Summit for Sustainable Development is held in South Africa
BCLR
- advised Pepkor Limited in connection with the acquisition of the businesses of Fashaf
(Proprietary) Limited and Jones Retailing (Proprietary) Limited
- advised ALSTOM South Africa in connection with its South African management buy-out
and black empowerment transaction
- advised Heineken International BV in connection with the acquisition of a 28,9% share
in Namibia Breweries Limited
- advised Comparex Holdings Limited in connection with a share buy-back for
ZAR950 million
- advised Montefiore Limited in connection with a management buy-out of €12,7 million
in Comparex Holdings Limited
- advised the International Finance Corporation (IFC) in connection with a purchase of
shares in Sapco for US$37 million
- advised the Bond Exchange of South Africa Limited in connection with its reorganisation
in anticipation of the enactment of the Securities Services Bill, 2002
- advised Telkom Limited on the first competition complaints filed against that company at
the Competition Commission
^ top ^
(2003) Government announces HIV/AIDS anti-retroviral rollout
BCLR
- advised the Chamber of Mines concerning the annual wage increase negotiations which
successfully averted a third national mineworkers’ strike
- advised Rio Tinto plc in its capacity as controlling shareholder and underwriter in
connection with Palabora Mining Company Limited’s rights offer of ZAR849 million
- represented Kumba Resources Limited in connection with the much-publicised
Competition Tribunal hearing into a large merger notification by Anglo American
Corporation Limited, which is being opposed by the Industrial Development
Corporation Limited
- advised Profurn Limited in connection with a scheme of arrangement in terms of
section 311 of the Companies Act, 1973
- advised DNA Supply Chain Investments Limited in connection with an offer by Super
Group Trading (Proprietary) Limited, a wholly-owned subsidiary of Super Group Limited
- represented Beatrix mine in an accident inquiry following a major explosion which
resulted in a number of fatalities
^ top ^
Firm Ratings
- In 1997, our firm was ranked fourth overall legal adviser (transaction value) in Ernst &
Young’s listed merger & acquisition activity in South Africa, advising on 15 transactions
with a transaction value of ZAR15,898 billion.
- In 1998, our firm was ranked eighth overall legal adviser (transaction value) in Ernst &
Young’s listed merger & acquisition in South Africa, advising on 13 transactions with an
aggregate transaction value of ZAR12,1 billion.
- In 1999, BCLR was ranked eighth overall (transaction value) in the Ernst & Young merger& acquisition activity review, advising on 15 transactions with an aggregate transaction
value of ZAR8,532 billion.
- In 2000, BCLR was ranked eleventh overall (transaction value) in the Ernst & Young
merger & acquisition activity review, having advised on 10 transactions with an
aggregate transaction value of ZAR12,104 billion.
- In 2001, our firm was ranked nineteenth overall (transaction value) in the Ernst & Young
merger & acquisition activity review, having advised on 7 transactions with a transaction
value of ZAR1,723 billion in aggregate.
- In 2002, our firm was ranked sixth overall (transaction value) in the Ernst & Young merger& acquisition activity review, having advised on 7 transactions with a total transaction
value of ZAR13,195 billion.
- In the “DealMakers of the Year 2002 Awards” announced during February 2003, our firm
was ranked fifth amongst all South African law firms in the mergers & acquisitions
rankings (by deal value) for having advised on m&a transactions with a total deal value
of ZAR13,041 billion during 2002.
^ top ^
Firm Awards
- In 1999, BCLR received the “Professional Management Review” (PMR) Silver Arrow
Award for best legal firm up to 29 partners, as rated by 200 company secretaries, CEO’s
or the most senior persons in those companies dealing with legal firms.
- In 2003, BCLR again received the PMR Silver Arrow Award for small legal firms (annual
turnover under R50 million), following the completion of PMR’s annual survey into the top
legal firms in South Africa 2003, for achieving the third highest rating overall
(countrywide) in that category. The survey was conducted amongst 500 corporate legal
advisers and financial human resources directors on a confidential basis. Our mean score
of 4,22 (out of a possible 5) was the highest overall mean score attained amongst all
small, medium and large law firms in Johannesburg.
^ top ^
Firm Recommendations
CHAMBERS GLOBAL: THE WORLD’S LEADING LAWYERS
BCLR was listed in the 2001-2002, 2002-2003 and 2003 editions of “Chambers Global: The
World’s Leading Lawyers” as one of the top 10 South African law firms in both the banking& finance and corporate/m&a categories.
PRACTICAL LAW COMPANY: CORPORATE COUNSEL HANDBOOKS
In the 2002 and 2003 editions of Practical Law Company’s Corporate Counsel Handbooks for
Environment, Mining and Natural Resources Law, Labour and Employee Benefits Law,
Competition Law and M&A, BCLR was highly recommended in relation to environment,
mining and natural resources law and recommended in relation to labour and employee
benefits, as well as m&a law and competition law.
^ top ^
Individual Ratings
- Johan Brink was rated in the 2003 edition of the “International Who’s Who of Merger
and Acquisition Lawyers”, as one of South Africa’s top 7 m&a lawyers and in the 2003
edition of the “International Who’s Who of Banking Lawyers” as one of South Africa’s
top 5 banking lawyers.
- Willem le Roux was highly recommended In the most recent edition of the Corporate
Counsel Handbooks of “Practical Law Company” in relation to labour and employee
benefits law. Johan Brink was recommended in the competition/anti-trust as well as
the m&a Corporate Counsel Handbooks and Paul Coetser was recommended in the
competition/anti-trust Handbook of the same publisher.
- Johan Brink was rated as one of the country’s top banking and finance lawyers over the
last three years in “Chambers Global: The World’s Leading Lawyers (2001–2002,
2002–2003 and 2003 editions) and as one of South Africa’s top m&a lawyers in the same
editions of that publication.
^ top ^
Academic Involvement
- Willem le Roux was an associate professor in labour law at Rand Afrikaans University
from 1994 to 2000.
- PAK le Roux was appointed as extraordinary professor of labour law by the University of
South Africa in 1997 and is still acting in that capacity.
- Johan Brink was appointed as an extraordinary professor of mercantile law in 2002 by
the University of South Africa and still acts in that capacity. He also lectures at the
MBA Graduate Programme of the Wits Business School.
^ top ^
Academic Publications & Seminars
- PAK le Roux is the co-author of the "South African Law of Unfair Dismissal" and "Essential labour Law" and co-editor of "Contemporary Labour Law", a monthly
publication specialising in South African labour law.
- Johan Brink is a co-author of the title “Companies” in Butterworths’: The Law of
South Africa.
- Since its establishment, our firm has annually presented public seminars on labour law,
occupational health & safety and mine health & safety with major publishing houses.
^ top ^
Law Reports
- BCLR acted for the respondents in an appeal in the case of National Union of Mineworkers & Others v Free State Consolidated Gold Mines (Operations) Limited – President Steyn
Mines, President Brandt Mine, Freddies Mine, 1996 (1) SA 422 (T).
- BCLR acted as the attorneys for the Amici curiae: Centre for Applied Legal Studies in the
matter of Fraser v Childrens’ Court, Pretoria North & Others, 1997 (2) SA 261 (CC).
- BCLR acted for Gaynor Young (the actress) in a successful appeal against the dismissal of
a claim for increased compensation in the matter of Young v Workmen’s Compensation
Commissioner and Another 1998(3) SA 1085(T).
- BCLR acted as the appellants’ attorneys in Rand Coal Services & Others v Randgold &
Exploration Co Ltd, 1998 (4) SA 825 (SCA) in a successful appeal to the Supreme Court
of Appeal.
- BCLR acted as the respondents’ attorneys in Gordon Lloyd Page & Associates v Riviera& Another, 2001 (1) SA 88 (SCA) in a successful dismissal of an appeal.
- BCLR acted as the first respondents’ attorneys in Choice Holdings Ltd v Yabeng
Investment Holding Company Limited & Others, 2001 (2) SA 768 (W) in an application
which was dismissed with costs.
- BCLR acted for Yabeng in Choice Holdings Ltd & Others v Yabeng Investment Holding
Company Ltd, 2001 (3) SA 1350 (W).
We invite our clients to support us in the next decade in our endeavours to remain leaders
in new developments in our areas of specialisation. Please join us in our commitment to
…STEP _AHEAD
^ top ^
|
