Gareth Howard

AREAS OF EXPERTISE

Dispute Resolution; Litigation, Arbitration and Mediation; Construction; Infrastructure.

AWARDS

• Rising Star in Dispute Resolution, Legal 500 Europe, Middle East and Africa, 2020 and 2021.

QUALIFICATIONS

• Master of Laws – University of Edinburgh Law School
• Certificate in Climate-Related Disclosures – Task Force on Climate-related Financial Disclosures
• Postgraduate Certificate in Prospecting and Mining Law – University of the Witwatersrand
• Postgraduate Certificate in Advanced Administrative Law – University of the Witwatersrand
• Bachelor of Law – University of Cape Town
• Attorney and Notary Public of the High Court of South Africa
• Admitted to practice in South Africa – Not admitted in Australia

SELECTED REPRESENTATIONS

• Assisted with advising the Foreign Ministry of the Democratic Socialist Republic of Sri Lanka on the justification for a nationwide transition to net-zero greenhouse gas emissions, the potential liquid finance benefits associated with a ‘Just Transition’ to a low-carbon economy, the unbundling and refinancing of State-owned utilities and the utilisation of international climate financing mechanisms.
• Defended arbitration proceedings instituted against a listed real estate fund arising from the alleged repudiation of a contract governing an inner-city redevelopment project and associated development of over 1,220 residential units.
• Represented a subsidiary of ABSA Group Ltd in pursuing a damages claim arising from the inadequate rehabilitation of opencast mining pits associated with historic coal processing operations previously conducted over several properties earmarked for the development of the Mpumalanga Province, South Africa’s first-ever multi-billion Rand Integrated Housing Development Project offering subsidised low-cost housing (declared a National Priority Project).
• Assisted Sasol Mining (Pty) Ltd in defending a first-of-its-kind High Court group action test case forming the basis for a potential future class action against the entire South African coal mining industry for causing occupation-related lung diseases.
• Pursued a damages claim against a specialist fenestration manufacturer and glazing contractor arising from the supply of defective glazing and delays in construction works at a luxury multi-million Rand private residence.
• Advised an international cement and construction materials manufacturer on product liability and health and safety-related issues arising from owning asbestos-contaminated landfill sites.
• Assisted with preparing several technical legal due diligence investigations involving commercial property transactions, renewable energy projects, and sale of shares/asset commercial transactions and assisted with achieving project financial closure, including advising –
  • Nedbank Ltd (as Project Sponsor) in respect of the construction, commissioning and operation of the 100 MW Ilanga CSP1 Project, South Africa’s first 100% black-developed parabolic trough concentrated solar power project;
  • a project financier on the acquisition by Sibanye Gold Ltd t/a Sibanye-Stillwater of the entire issued share capital of Lonmin PLC (including former prospecting and mining operations); and
  • an international project financier on the material risks pertaining to the proposed acquisition of a South African company’s gold mining and smelting-related assets placed under care and maintenance.