South Africa: South Africa’s Infrastructure Triumph

Last Updated: 1 November 2013
Article by De Buys Scott

While many infrastructure players in the west may view the continent of Africa through a shroud of mystery, South Africa has long been a lightning rod of investment and activity that has drawn developers and investors from around the world.

Throughout modern history, South Africa has – in many ways – outstripped Africa's rate of development by leaps and bounds. Since the arrival of democracy in 1995, the country has enjoyed a veritable infrastructure renaissance that has only been picking up steam over the past decade.

THE ENERGY TO SUCCEED

In part, South Africa's success can be attributed to its well-defined infrastructure program which – in many of the most critical sectors – has laid out a clear plan for the next 30 to 40 years. In effect, the country is keenly aware of what needs to be done and how to do it.

Take, for example, the country's power and energy plan. After some high-profile power failures in 2007-2008, Eskom (the country's public electricity utility) quickly developed a balanced plan in cooperation with industry that almost immediately ensured the country would enjoy a more reliable and secure power supply.

Today, South Africa sports one of the world's most dynamic power plans including a robust renewables program and a well-advanced nuclear initiative. The renewables program has already been through two rounds of highly-successful bidding (the first round reached financial close mid-October) and is now entering a third phase focused largely on independent power producers (for more on this, see Power to the Independent Providers on page 24). In the next 2 years, both the Medupi Power Station and the Kusile Power Station (both dry-cooled coal fired power stations, each with capacity of 4,800 MW of power) will come online, bringing with them even greater capacity for growth and development. The long-awaited South African nuclear program is anticipated to be announced shortly, which will complete the last missing element in the overall energy plan.

BUILDING FROM STRONG FOUNDATIONS

Infrastructure players are also highly attracted to the country's relatively mature procurement process which is largely based on the UK's public private partnerships (PPP) framework. Across multiple infrastructure sectors, PPP legislation has been tried and tested and now provides significant comfort to both domestic and foreign developers and investors, including financiers and legal parties.

South Africa's financial system has also faired rather well having been well-insulated from the global financial crisis by a strong regulatory environment and somewhat tight foreign exchange controls. As a result, South Africa's banks enjoy greater liquidity than most others around the world and are therefore able to fund most – if not all – of the current infrastructure projects now on the table.

A TRACK RECORD OF DELIVERY

Football fans (or soccer enthusiasts) will also be well aware of South Africa's ability to develop masses of simultaneous infrastructure projects on time and to budget. A slew of world-class airports, a dozen new stadiums, a modern high speed railway and a highly-effective bus rapid transit system were all successfully planned, funded and delivered ahead of the country's hosting of the FIFA World Cup in 2010.

Since then, the pace of development has certainly not slowed. This year, the country plans to spend close to USD115 billion (some 1 trillion rand) on infrastructure across a wide variety of sectors. In Cape Town, one of the world's top tourist destinations, officials are in the midst of an aggressive infrastructure renewal program that includes a completed major airport upgrade, significant road works, a new waste program and a city-wide broadband initiative.

The eThekwini Metropolitan Municipality, which includes the port city of Durban, recently developed a new international airport and is currently undertaking a significant deep-sea port development. Durban's new Waste to Energy project was recently cited as one of the world's top urban infrastructure projects in the Infrastructure 100, which called the initiative a "model for the continent" based on its ability to provide renewable power to up to 6,000 low-income households per day.

A MASSIVE OPPORTUNITY FOR FOREIGN PLAYERS

South Africa's ability to undertake and deliver such a wide scope of infrastructure projects may – in some ways – be a double edged sword. From funding through to operations, the nation has become somewhat insulated and, more often than not, is getting on with the task at hand without the assistance or support of foreign investors or developers. This may prove to be a moderating factor on the nation's ability to incrementally increase activity in some of the sectors where South African experience is somewhat lacking, particularly in the education and health sectors.

That being said, this will likely not be a challenge for long. Most infrastructure players around the world have woken up to the potential that South Africa presents, both as a national market and as a spring-board into the rest of the continent. At KPMG, we've already seen the number of inquiries from foreign infrastructure players rise exponentially over the past few years, many of which have led to significant investments into the market.

For everyone else, our advice is simple: come see for yourself why South Africa is rapidly becoming a top destination for infrastructure. You won't be disappointed.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions