Legal Counsel at EarthStream

We are seeking a Legal Counsel, based in Cape Town, working for an international renewable energy company.

Reporting to the Legal Manager you will be responsible for:

• Providing professional legal advice to the various departments/employees and senior management, pertaining to the fields of (not limited to):
• Project development, including land right laws, environmental laws;
• Financing, including project finance and corporate finance;
• EPC and construction;
• Asset management and O&M;
• General commercial and contract law;
• Business development;
• Human resources and labour law;
• Health and Safety;
• Commercial negotiations;
• Economic development and community trusts;
• Provide legal inputs to support the various managers in elaborating strategies; taking decisions, and solving issues;
• Doing legal research and providing legal opinions;
• Legal work and support required for the company’s activities

General

• Contracts drafting and review for legal robustness and compliance to the relevant legislative environments;
• General legal and corporate legal work as may be required by the Company from time to time including contract negotiation, providing legal advice and corresponding with external parties;
• Assisting with bid preparation and bid submissions;
• Managing the relationship between the company and external legal advisors.
• Project Development
• Drafting/reviewing commercial agreements;
• Advice on environmental legislation;
• Assisting with responding to appeals etc.
• Financial Close
• Managing and negotiating financial agreements and funding documents such as may be necessary with the Lenders and other parties;
• Assisting with the CP process;
• Project documents, Power purchase agreement negotiations;
• Construction and operation contract negotiations;
• Construction and operation
• Support for construction and for operation contract management (variations, claims, notices, etc.);
• Support for any insurance claims;
• New structuring (e.g. from EPC to split contracts);
• Transactions
• Including shareholder agreements, sale of business/project agreements, sale of share agreement, and joint venture agreement, project/ company acquisition;
• Bid submission
• The preparation of bid submission documents various tenders including reviewing Request for Proposals, Shareholders Agreements, Memoranda of Understandings, and EPC and O&M Heads of Terms and other contracts;
• Bid compliance / Regulatory compliance verification;
• External contractors
• Enrich and optimise the options for external support;
• Manage external legal counsel contract
• Internal procedures
• Review and update;
• Compliance;
• Health and Safety
• Development and drafting of strategies and legal opinions with respect to general commercial and contract law including shareholder agreements, sale of business agreements, sale of share agreements, and joint venture agreements;
• Risk and bankability advice on potential project acquisitions;
• General Company Secretarial work;
• Drafting and negotiating of agreements;
• General legal work, corporate legal work and secretarial work in relation with the specific project companies and companies’ governance (e.g. administration of board of directors, minutes, company registration, setting up and managing corporate structures etc.);
• Compliance and support for social aspects of the business
• BBBEE;
• ED/SED;
• Business regulatory environment
• Keep abreast of changes in law that may affect any aspect of the Company’s business (land, electricity act, local regulations, energy trading etc.);
• Provide internal memos in relation to these.
• Establish a legal register (with all applicable laws and regulations) and compliance checks for all conditions of these reference documents.

Requirements:

• The successful candidate will possess the following qualifications and experience:
• Admitted attorney, LLB Degree;
• Postgraduate diploma in contract law, environmental law or project finance would be advantageous;
• At least 6 years post qualification (admittance) experience;
• Ideally have experience in the renewable energy industry or related
• Candidate must be independent;
• Excellent communication skills (verbal and written);
• Languages: fluent in English is mandatory, conversational isiXhosa and/or Afrikaans would be advantageous;
• Software program knowledge: Good master of Word, Excel, Powerpoint, MS Teams