The Firm specialises in general commercial and private law litigation and certain aspects of public law litigation, especially the review of administrative decisions. The Firm has also been involved in national arbitrations and alternative dispute resolution.
A large part of the Firm’s work consists of general corporate and commercial work. This includes negotiating and drafting various types of contracts, advising clients on interpretation of contracts, registration and administration of business entities, providing general taxation advice and generally advising clients on all matters relating to corporate and commercial issues.
The Firm provides counsel on Property Law, transfer of properties and sectional titles, development of property schemes and registration of mortgage bonds.
The Firm has represented both Borrowers and Lenders in the largest Project Finance Transactions in Namibia to date. This includes the financing by Chinese Development Bank Corporation of Swakop Uranium's Husab Mine. In 2012, they also acted for ABSA Bank Ltd in the financing of the completion of Phase Three of the Maerua Mall Extension Project, ABSA's largest project financing transaction in Africa in 2012.
The Firms transactions in this area range from small private acquisitions to advising on takeovers of companies in Namibia whose head offices are situated in South Africa and elsewhere. Peter Koep and Meyer van den Berg are also the authors of the Namibian chapter on Mergers & Acquisitions in The International Comparative Legal Guide to Mergers & Acquisitions.
The firm represents some of the largest construction firms in Namibia. As a result, the firm also has knowledge of Fidic contracts.
Meyer van den Berg heads the firm’s intellectual property department. He, together with one of the law clerks and a legal assistant, is responsible for attending to the filing and prosecuting of new trademarks and the maintenance of existing trademarks. They have also been involved in other aspects of intellectual property, including copyright registrations, infringements, litigation in respect of copyright and attending to the registration of designs.
The Firm has advised clients on various aspects of information and communication technology, including licensing requirements, agreements relating to information and communication technology, taxation issues, control over content, control over video games, intellectual property issues and litigation aspects.
We have acted for Ohorongo Cement (Pty) Ltd in their negotiations with Namport regarding the building of a shipping depot. We have also acted for Namport in labour matters and have advised clients on matters relating to rig-stacking, maritime bonds and environmental issues, including advice on SOLAS.
The Firm represents the largest Insurance Company in Namibia and in that process litigates on behalf of that client and advises the client on contracts and general insurance business.
The Firm represents some of the biggest mining houses in Namibia and on occasion advises the Namibian Chamber of Mines. Meyer van den Berg is the co-author of PJ Badenhorst and H Mostert’s Mineral and Petroleum Law of South Africa, published by Juta Law and is responsible inter alia for the chapter on socio-economic empowerment in the South African mining industry and the regulation of diamonds and precious metals. He is also an Honorary Research Affiliate at the DST/NRF SARChI Chair.
Since the inception of the Environmental Management Act 7 of 2007, the firm has been actively involved in advising clients on the regulatory aspects relating to environmental protection and generally on environmental law.
The Firm represents the most established liquidators in Namibia, has been involved in Schemes of Arrangement, applications for Insolvency and Interrogations.
Since the Competition Act came into force in 2008, the Firm has established itself as a recognised authority in this field. The Firm has lodged complaints relating to restrictive business practices on behalf of clients and have successfully defended claims lodged against clients. The Firm also regularly attends to merger filings. Transactions in this area range from small private acquisitions to advising on takeovers of companies in Namibia whose head offices are situated in South Africa.
Koep & Partners play an active role in the development of the law in the Namibian energy sector including, the upstream petroleum industry and renewable energy, through its role in providing advice to major corporate clients involved in these industries. Some of the attorneys at the Firm also regularly publish on energy law.
The Firm specialises in matters relating to Namibian Employment and Labour Law, including litigation concerning employment/labour disputes. Meyer van den Berg and Stephen Vlieghe are also authors of the Namibian chapter in The International Comparative Legal Guide to Employment and Labour Law.
The Firm consistently represents two of the four banks in Namibia. The Firm annually attends the Annual Banking Law Update in Johannesburg (and has done so for the past eighteen years) in order to keep abreast of national and international developments in the Banking Sector.
The Firm is involved in a number of review applications to the High Court of Namibia, mostly with regard to actions taken by Ministries and/or officials in the Ministries or parastatals.