Ayanda Msimang

Experienced Senior Associate specialising in environmental, sustainability, climate change, energy, and natural resources law, with significant expertise in project finance, infrastructure development, and the energy sector. With a demonstratable track record in advising on complex regulatory compliance, environmental matters, and commercial transactions, including large-scale infrastructure and energy projects. Skilled in conducting due diligence, assessing regulatory risks, and structuring legal frameworks to support successful project financing and development. Recognised for delivering strategic legal solutions that align with client objectives and drive sustainable business growth across diverse industries such as renewable energy, mining, manufacturing, and logistics.

• Lynda, Freese, HR, lyndaf@jleslie.co.za, 033 845 9700, J Leslie Smith & Co., Contact Person
• Siya, Mkhize, Partner in the EHS Law Department, smkhize@wylie.co.za, 082 562 3674, Shepstone and Wylie Attorneys, Contact Person
• Lauren, Frost, Lecture at Varsity College, 033 330 7436, 082 775 5864, B SOC SCI LLB

• Obtained an Academic Merits award in 2015 (Varsity College)
• Obtained 16 university qualification distinctions
• Golden Key Invitation

• Member of the South African Environmental Law Association
• Member of the International Association for Impact Assessments South Africa
• Member of the South African Institution of Occupational Safety and Health

• Environmental – Matters and Duties
• Conducting various environmental, health and safety legal compliance audits for several business units of well-known listed and unlisted mining, integrated energy and petrochemical companies such as various divisions Anglo American and Thungela Resources.
• Assist client making representations regarding compliance notices and directives.
• Advised the (South African Reserve Bank) on the environmental and sustainability regulatory landscape that applies to its mandate especially matters relating to Environmental and Social Governance Framework; the Implement Environmental Management Systems; Resilient to Climate Change; Achieving Net Zero; and Sustainable Currency and Economy.
• Part of the Bowmans team assisting UPL South Africa Proprietary Limited in defending a class action arising from a fire incident caused by the riots that took place in South Africa in 2021.
• Advised Anglo American Platinum Limited relating an administrative order arising from an amendment of an existing lawful environmental authorisation.
• Advised Nampak DivFood (a division of Nampak Limited) factories dealing important environmental matters including enforcement action.
• Advised Hans Merensky Holdings Proprietary Limited in respect of environmental and regulatory issues in the agricultural sector. The matter involved duty of care, water pollution prevention measures and identification and management of the associated environmental legal risks.
• Part of the regulatory team involved in the sale of Tongaat Hulett’s wet millers in a deal valued at ZAR 5.35 billion.
• Part of the regulatory team that advised on the environmental and regulatory aspects of the acquisition of Nampak Glass, a division of Nampak Products Limited (including certain property) for a consideration of R1 500 000 000 by Isanti Glass 1 Proprietary Limited, an indirect subsidiary of AB InBev.
• Part of the Environmental and Regulatory team that advised in a M&A transaction between Chep South Africa Proprietary Limited and Braecroft Timbers Proprietary Limited to acquire South African Braecroft’s remaining timber assets (forests, land and permits) in a deal worth R220 million. We advised on land contamination, permitting and appropriate commercial protections against environmental liabilities.
• Product Regulation – Matters and duties
• Advising international and local clients on product regulation and compliance.
• Advise local and international corporations in respect of the requirements of various consumer protection especially product recalls and product liability.
• Provide general regulatory advice on permitting and compliance requirements for selling, manufacturing, distributing, producing, importing or exporting products such foodstuffs, toys, firearms, drugs, fertilizers, farm Feeds, seeds, agricultural remedies etc.
• Advising Amazon on the launch of its full consumer e-commerce operations in South Africa. As part of this exercise, completed a comprehensive two-stage due-diligence featuring on imports and exports; product compliance; consumer protection; electronic transacting; privacy and data protection; liquor licensing; government contracting; and environmental compliance.
• Government Contracting and Procurement - Matters and duties
• Advising international, local, listed and unlisted entities in relation to governmental processes, licensing, regulatory, third-party disputes including the application of supplier development programmes in South Africa.
• Part of the Eskom State Capture Task Team advising on governance, procurement, consequence management and the formulation of implementation plans to recover losses arising from State Capture. The role generally comprises of inter alia:
• Engaging with various Eskom and law enforcement officials;
• Advising on supplier discipline;
• Advising on criminal matters;
• Conducting policies and procedures reviews;
• Advising on employee discipline; and
• Providing strategic advice on various civil litigation proceedings to recovery of damages from state capture.
• Natural Resources – Matters and duties
• Advised Harmony Gold Mining Company Limited, on a critical operational question relating to whether their tailings storage facilities qualified as “dams with a safety risk” under South African law.
• Following the signing into law of the controversial Expropriation Act 13 of 2024 (“Expropriation Act””) advised Harmony Gold Mining Company Limited, on the Act’s implications for its business activities, including how the Act could affect Harmony’s environmental law obligations in the event of expropriation.
• Advised Stuart Coal (Proprietary) Limited (Stuart Coal) with numerous mining and environmental concerns, which included objecting to mining activities proposed by a mining company neighbouring Stuart Coal’s mining operation. We also commented on and reviewed environmental impact assessment reports necessary to initiate mining activities.
• Part of the core team that acted as counsel to the South African subsidiary of IMR Group in the acquisition of PPC Lime operations from PPC Limited. We advised throughout the due diligence process on mining, environmental and empowerment issues/risks and assisted IMR with the fulfillment of condition precedent which entailed preparing and obtaining section 11 ministerial consent and registering the transaction as a major transaction in accordance with empowerment prerequisites.
• Advised Orion Mine Finance on its proposed royalty financing and ultimate convertible loan note financing of the Bushveld group and its gold, palladium and platinum stream financing of Ivanhoe Mines, and Orion Resources in respect of its acquisition of an equity interest in Blyvoor Gold Capital Proprietary Limited and related gold streaming, offtake and equity arrangements.