Education Bowmans

EDUCATION BOWMANS

2 Education

Contents

04 Our Firm

05 Our Footprint in Africa

06 Our Education Sector

08 Our Signature Matters

12 Accolades

14 Key Contacts

3 BOWMANS

Our Firm

Bowmans exists to help our clients overcome legal complexity and unlock opportunity in Africa. Our track record of providing specialist legal services, both domestic and cross-border, in the fields of corporate law, banking and finance law and dispute resolution, spans over a century.

ith seven offices in five African countries Our expertise is frequently recognised W and over 400 specialised lawyers, by independent research organisations. we draw on our unique knowledge of the We received awards in three out of four business and socio-political environment to categories at the Dealmakers East Africa advise clients on a wide range of legal issues. Awards for 2019: top legal adviser in the M&A Category for both deal flow and value Everywhere we work, we offer clients a and advised on the Deal of the Year. In the service that uniquely blends expertise in the Dealmakers South Africa Awards for 2019, law, knowledge of the local market and an we were placed third for deal value in the understanding of their businesses. Our aim M&A Category and advised on both the Deal is to assist them to achieve their objectives of the Year and the BEE Deal of the Year. as smoothly and efficiently as possible while minimising the legal and regulatory risks.

Our clients include corporates, multinationals and state-owned enterprises across a range of industry sectors as well as financial institutions and governments.

4 Education

Our Footprint in Africa

e provide integrated legal services Wthroughout Africa from seven offices (Cape Town, Dar es Salaam, Durban, Johannesburg, Kampala, Moka and Nairobi) in five countries (Kenya, Mauritius, South Africa, Tanzania and Uganda).

We work closely with our alliance firm, Aman Assefa & Associates Law Office, in Ethiopia, and our best friends in Nigeria and Uganda Mozambique (Udo Udoma & Belo-Osagie Ethiopia and Taciana Peão Lopes & Advogados Associados, respectively). We also have strong relationships with other leading law firms across the rest of Africa.

We are representatives of Lex Mundi, a global Nigeria Kenya association with more than 160 independent law firms in all the major centres across the Tanzania globe. This association gives us access to the best firms in each jurisdiction represented.

Mauritius South Africa

Mozambique

Bowmans offices

Alliance firms

Best friends

Significant transaction or advisory experience

5 BOWMANS

Our Education Sector

Education globally has been characterised Moreover, schools and universities are by expansion and fundamental change in required to have in place various policies recent decades. These developments have (e.g. admissions, disciplinary, human created opportunities for innovation and resource, social media) and also need to investment, but have also been accompanied set up structures equipped to implement by increasing operational complexity and these policies. proliferating regulation. Commercial transactions in the education Growth in private-sector education in Africa sector need to be conducted not only has been prolific. World Bank statistics with due regard to corporate and tax indicate that private school enrolment in complexities, but also in a way that ensures Africa increased by 113% over a period when due regulatory compliance with sector- corresponding public school figures increased specific laws. by 52%. Between 2000 and 2016, the number of private schools in South Africa doubled, Over the last decade, we have developed and the number of pupils enrolled in private a significant body of collective expertise schools increased by 130%. through our involvement in a variety of transactional and advisory matters in the Likewise, there has been considerable education field. As a result, we are now expansion in tertiary education. In developing in a singular position to provide clients countries, increasing numbers of students entering or operating in this field with a enrol at higher education institutions, comprehensive spectrum of services. Unlike signifying growing demand and opportunity. most firms, which tend to specialise in niche aspects of the education sector, we offer a Historically, the education sector has been full panoply of services covering the entire highly regulated by sector-specific laws and field – not only in one jurisdiction but in policy measures – frequently at both national several jurisdictions. and provincial levels. This remains the case universally, even though there has been Our multi-disciplinary team comprises liberalisation and deregulation in many specialists with expertise in the relevant other fields. statutory and policy areas. Several of our partners have served on governing In addition, educational institutions’ operations and consultative bodies in the secondary are governed by a range of general laws, and tertiary spheres. These attributes including anti-trust/ competition, employment, enable us to provide a multifaceted and data protection and tax laws and, in some encyclopaedic Africa-wide service offering jurisdictions, local ownership/ indigenisation covering transactional, regulatory, tax and laws. Although these are laws of general employment law in the education sector. application, they have particular nuances in Our transactional and advisory experience the context of educational institutions. includes matters at secondary and tertiary

6 Education

levels, across the private and public sectors. In addition, we have longstanding relationships with regulatory bodies, which allows us to facilitate efficient completion of transactions in the African market.

Our involvement in the education sector, at transactional, advisory and governance levels, has kept us abreast of technological and pedagogical changes. New education institutions enter the market on a regular basis, and new teaching methodologies are being introduced. Traditional models of lectures and tutorials are being replaced or supplemented by innovative forms of online and distance learning, using various platforms. This creates new opportunities for investment and expansion, but in an increasingly competitive environment characterised by increasing regulatory complexity. Our lawyers are ideally placed to enable clients to explore these opportunities and navigate these challenges.

7 BOWMANS

Our Signature Matters

In the education sector, we have acted • Old Mutual Alternative Investments on: for clients in corporate and commercial • various Schools Fund and Housing transactions; provided guidance on local Fund developments, including the ownership/ indigenisation matters; given financing arrangements; and regulatory and employment law advice; and • the investments of the Schools and helped with dispute resolution. Education Investment Impact Fund of South Africa in a variety of educational Some of our recent experience includes projects, including the financing advising/ acting for: of infrastructure requirements for upgrading existing, and building new, Corporate and commercial transactions schools and further education and training colleges. • Apollo Global Education Group, Inc. (Apollo Global Education), an international • Edulink Holdings Ltd, an investment education group, on the: fund that specialises in education, on the • acquisition of a controlling interest in establishment of Victoria University in Milpark Education (Pty) Ltd (Milpark Uganda; and subsequently also on their Education) from Leaf Capital and other exit from the investment. investors; and • sale of its entire interest in Milpark • Uganda Christian University, Mukono, a Education to Stadio Holdings Ltd and leading university in Uganda established and Brimstone Ltd, valued at ZAR 320 million. owned by the Anglican Church of Uganda.

• Investec in acquiring a controlling stake in • A bidder for Hillcrest Schools (a leading the holding company of the Richfield Group. private school group in Kenya).

• Laureate Education Inc. on the: • A Kenyan university in a proposed private • sale of the education business by Monash equity investment in it. South Africa Ltd, its joint venture with Monash University, to The Independent • Actus on its investment in Riara Group Institute of Education (Pty) Ltd (IIE), a of Schools (a leading private school group subsidiary of ADvTECH Ltd; and in Kenya). • sale of its entire shareholding interest in Laureate South Africa (Pty) Ltd to IIE. • Realema Teacher Internship Programme on various aspects of its establishment, • EDUCAS International on its acquisition of registration and tax status. a majority stake in the Reddam Schools. • PSG, the Curro Group and its funders on • A leading English public school on a setting up a secured funding vehicle for all possible franchise agreement with a its banking and capital markets funding, local private school in Nairobi. including a ZAR 2 billion DMTN programme.

8 Education

9 BOWMANS

Local ownership/ indigenisation Employment

• Apollo Global Education on broad-based • Independent schools, such as Roedean black economic empowerment (BBBEE) School and St Stithians College, on requirements in the context of the employment-related issues. provision of corporate education services by Milpark Education. • Tertiary institutions (including the University of Cape Town, University of • Standard Bank South Africa on BBBEE Stellenbosch, Cape Peninsula University aspects of contributions made to the of Technology, the University of the Feenix Trust, set up in response to Witwatersrand, the University of Venda the #FeesMustFall movement. and the University of South Africa) on a range of employment matters, including: Regulatory advice insourcing, collective bargaining, strike action, dismissal disputes and • A private equity client on regulatory unfair labour practices; employment aspects of the acquisition and policies; investigations and disciplinary restructuring of various independent proceedings against employees and schools. students; and High Court, Labour Court, Labour Appeal Court and CCMA • The Independent Schools Association proceedings. of Southern Africa (ISASA) on the application of consumer laws and data Dispute Resolution protection laws to learner enrolment contracts for independent schools, • ISASA in Supreme Court of Appeal and also on copyright issues affecting proceedings concerning Pridwin independent schools. Preparatory School’s termination of its contract with pupils’ parents. • The National Association of Independent Schools (NAIS) on the powers of the • Monash University in a ZAR 18 million Council for Quality Assurance of General dispute with the City of Johannesburg and Further Education and Training over utilities charges. (Umalusi) in relation to quality assurance and assessment of independent schools.

10 Education

11 BOWMANS

Accolades

AFRICAN LEGAL AWARDS 2019

We won two practice awards - for Transportation and Infrastructure Team of the Year and TMT Team of the Year.

CHAMBERS AFRICA AWARDS 2018

We were named South African Law Firm of the Year.

DEALMAKERS EAST AFRICA AWARDS 2019

We received awards in three out of four categories: top legal adviser in the M&A Category for both deal flow and value, and advised on the Deal of the Year (the NIC/ CBA merger).

DEALMAKERS SOUTH AFRICA AWARDS 2019

We were placed third for deal value in the M&A Category and advised on the Deal of the Year (PepsiCo’s acquisition of Pioneer Foods) and the BEE Deal of the Year (Isanti Glass acquisition of Nampak Glass).

MERGERMARKET LEAGUE TABLES 2018

We were ranked first by deal value and second by deal count in the Africa league tables for legal advisors, and third by deal count in the Middle East & Africa league table for legal advisors.

12 Education

CHAMBERS & PARTNERS IFLR1000 2020 THE LEGAL 500 EMEA 2020 RANKED US IN RANKED US IN THE 2019 RANKED US IN THE FOLLOWING AREAS FOLLOWING AREAS THE FOLLOWING AREAS

BAND 1 TIER 1 TIER 1

KENYA KENYA KENYA Banking & Finance Financial & Corporate Banking & Finance Corporate/ M&A Mining Commercial, Corporate & M&A Employment Employment FinTech SOUTH AFRICA Real Estate & Construction Intellectual Property Capital Markets: Debt Real Estate Capital Markets: Equity SOUTH AFRICA Energy & Power Commercial, Corporate & M&A SOUTH AFRICA M&A Competition Capital Markets: Debt Employment Capital Markets: Equity UGANDA Projects & Infrastructure Competition/ Antitrust Financial & Corporate Shipping Corporate Investigations Project Development Corporate/ M&A TANZANIA Leading Firm Employment TIER 2 Environment UGANDA IT & Telecommunications KENYA Leading Firm Projects & Energy Energy & Power Public Procurement Infrastructure Shipping TIER 2 Ta x SOUTH AFRICA TMT Banking KENYA Infrastructure Dispute Resolution TANZANIA Mining Privitisation & Projects General Business Law Oil & Gas SOUTH AFRICA Project Finance UGANDA Banking & Finance

General Business Law Construction TANZANIA Dispute Resolution Financial & Corporate BAND 2 Investment Funds

Ta x SOUTH AFRICA TIER 3 Banking & Finance Dispute Resolution TANZANIA FinTech Project Development Media & Broadcasting Restructuring/ Insolvency

KENYA Projects & Energy

Recognised Recognised Recognised 75 Lawyers 39 Lawyers 24 Lawyers

13 BOWMANS

Key Contacts

DANIEL PRETORIUS Head of Education Johannesburg, South Africa

T: +27 11 669 9654 E: [email protected]

WILBERT KAPINGA Managing Partner, Tanzania Dar es Salaam, Tanzania

T: +255 76 898 8642 E: [email protected]

CLAIRE FRANKLYN Partner Johannesburg, South Africa

T: +27 11 669 9564 E: [email protected]

DAVID F.K. MPANGA Partner Kampala, Uganda

T: +256 41 425 4540 E: [email protected]

14 Education

JAN KRUGER Partner Cape Town, South Africa

T: +27 21 480 7800 E: [email protected]

PARAS SHAH Partner Nairobi, Kenya

T: +254 20 289 9000 E: [email protected]

PHILIP COULSON Partner Nairobi, Kenya

T: 254 20 289 9000 E: [email protected]

THOLINHLANHLA GCABASHE Partner Johannesburg, South Africa

T: +27 11 669 9491 E: [email protected]

To view profiles of our lawyers, please visit www.bowmanslaw.com

15 Cape Town, South Africa T: +27 21 480 7800 E: [email protected]

Dar es Salaam, Tanzania T: +255 76 898 8640 E: [email protected]

Durban, South Africa T: +27 31 109 1150 E: [email protected]

Johannesburg, South Africa T: +27 11 669 9000 E: [email protected]

Kampala, Uganda T: +256 41 425 4540 E: [email protected]

Moka, Mauritius T: +230 468 8411 E: [email protected]

Nairobi, Kenya T: +254 20 289 9000 E: [email protected]

Alliance Firm:

Aman Assefa & Associates Law Office, Addis Ababa, Ethiopia T: +251 1470 2868 E: [email protected]