FIELD OF EXPERTISE
1.
OUR EXPERTISE IN BRIEF
Havemann Inc is the only Southern African-based law firm that is geared
exclusively towards providing legal advice to the oil and gas industry, both on
a domestic and an international level. We are able to deliver industry-specific
solutions to all legislative, regulatory, contractual and environmental issues
facing operators, organs of state, field service contractors and nongovernmental organisations within the industry. We pride ourselves in
providing impeccable and comprehensive legal opinions concerning all
upstream, midstream and downstream-related legal queries. As part of our
comprehensive and industry-specific services, we also offer legal counsel in
relation to the resolution of disputes, whether by way of litigation or
alternative-dispute-resolution strategies.
As an African-based law firm, which employs the most highly qualified oil and
gas attorney in Southern Africa, Havemann Inc is able to offer unparalleled
expertise to foreign corporate entities currently operating or wishing to operate
in the African market. To this end, our firm maintains special working
relationships with other oil and gas-orientated law firms operating in other
African countries and further afield.
2.
LEGAL OPINIONS
Whether assisting States in implementing measures to improve the
governance and regulation of their domestic oil and gas industries or guiding
operators in relation to the regulatory framework of a particular State, our
incisive legal opinions are of the highest caliber. No matter what the legislative
jurisdiction at hand or the perceived complexity of a particular issue, we take
pride in our ability to resolve any industry-related legal query expediently.
As regards the dictates of international law, we are well versed in the
intricacies of numerous regional and global arrangements, such as the
International Convention for the Prevention of Pollution from Ships, 1973, as
modified by the Protocol of 1978 relating thereto (“MARPOL 73/78”) and the
International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990.
On a domestic level, we are equally well placed to produce thoroughly
researched and insightful commentaries on legislative developments,
licensing concerns and contractual liability issues, inter alia. As a Southern
African-based law firm, we are acutely aware of the legislative quagmire of
statutes, regulations and policies that currently comprise our domestic legal
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framework. Having conducted various critical and comparative analyses
thereof, we are however well equipped to dispense legal advice on any issue
arising from the interpretation or the applicability of any statute which forms
part of this framework, including but not limited to the infamous Mineral
Petroleum Resources Development Act (“MPRDA”) and the Regulations
thereto.
3.
CONTRACTUAL ADVICE
We appreciate that the contractual arrangements that govern the oil and gas
industry are in many ways unique, and, as the only specialist oil and gas law
firm in Southern Africa, the services that Havemann Inc provides in this regard
are equally distinguishable. We possess the requisite expertise to advise on
key contractual arrangements, including but not limited to the following:
production sharing agreements (“PSAs”); joint operating agreements
(“JOAs”); farmout agreements (“FOAs”); decommissioning agreements; and,
engineering, procurement and construction contracts (“EPCs”).
4.
REGULATORY ADVICE
Havemann Inc is adept at furnishing advice relating to the interpretation of the
numerous legislative and regulatory frameworks currently affecting the oil and
gas industry. In addition, we make it a priority to remain abreast of all
proposed amendments to the domestic, regional and global legislative
landscapes. Whether arising from amendments to the Mineral and Petroleum
Resources Development Act (“MRPDA”) or the introduction of a new protocol
under the Nairobi Convention, we pride ourselves in being able to facilitate a
swift and thorough understanding of the ever-changing practical implications
of relevant legislative developments. Not only are we able to advise our
corporate clients on regulatory compliance issues, we are also able to lend
our expert advice to States seeking to improve and implement appropriate
regulatory measures. Our forte further extends to apprising industry operators
of the various obligations, under international law, to which they may be
bound.
5.
ENVIRONMENTAL RISK MANAGEMENT AND MINIMISATION
From the harm that may be caused to marine life by seismic surveying or the
discharge of pipeline and production chemicals to the navigational
interference experienced by fishing fleets due to the positioning of offshore
installations, subsea infrastructure and post-decommissioning debris, each
stage of an offshore oil and gas operation is known to produce various forms
of operational and accidental pollution.
1st Floor, Convention Tower, Cnr Coen Steytler Ave & Heerengracht St, Cape Town, 8001, South Africa
Tel +27 (0) 21 403 6350 Fax +27 (0) 21 403 6301 lhavemann@havemanninc.com www.havemanninc.com
DIRECTOR: DR LUKE HAVEMANN BA LLB LLM (UCT) PhD (ABDN) REGISTRATION NO: 2011\000697\21
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Possessing extensive knowledge of Marine Pollution Law, we are uniquely
positioned to advise on all aspects of domestic and international
environmental law containing the enviro-legal obligations to which operators
are bound.
Having drafted lengthy academic commentaries on the various environmental
provisions of the Mineral Petroleum Resources Development Act (“MPRDA”),
the National Environmental Management Act (“NEMA”) and numerous other
relevant statutory instruments, our Dr Luke Havemann possesses a farreaching knowledge of South Africa’s enviro-legal framework. Notably, Luke
also carries intimate knowledge of the relevant legislation of the United
Kingdom, having produced a critical analysis thereof, which is set to be
published in the 2nd edition of Greg Gordon’s and John Paterson’s Oil and
Gas Law: Current Practice and Emerging Trends.
Havemann Inc is uniquely positioned to advise on all enviro-legal issues
pertaining to the oil and gas industry, including inter alia: compliance with the
legislative and regulatory dictates of specific States; the enviro-legal
constraints of regional and global arrangements; offshore-specific
environmental impact assessments and risk analyses; environmental due
diligence investigations; and, industry-specific environmental management
programmes and plans.
We maintain strategic alliances with various specialist environmental
scientists and auditors who possess extensive domestic and international
experience and whose insights are crucial in relation to the environmentally
sound planning and execution of oil and gas operations.
6.
LITIGATION & ALTERNATIVE DISPUTE RESOLUTION
It is our belief that far more cost-effective and expedient dispute-resolution
mechanisms exist than that which is offered by litigation. By means of our predispute legal opinions, as well as our contractual and regulatory advice, we
seek from the outset to position our clients in such a manner that a need to
resort to litigation, in instances where disputes arise, does not appear.
Where disputes are unavoidable, we possess the requisite experience and
expertise to advise clients on the most suitable and cost-effective means for
resolution, whether by means of alternative dispute resolution strategies
(mediation, arbitration and expert determination) or, if warranted, commercial
litigation procedures. We are also experienced in representing clients at
alternative dispute resolution or court-based litigation proceedings.
1st Floor, Convention Tower, Cnr Coen Steytler Ave & Heerengracht St, Cape Town, 8001, South Africa
Tel +27 (0) 21 403 6350 Fax +27 (0) 21 403 6301 lhavemann@havemanninc.com www.havemanninc.com
DIRECTOR: DR LUKE HAVEMANN BA LLB LLM (UCT) PhD (ABDN) REGISTRATION NO: 2011\000697\21
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PROFILES
1.
LUKE HAVEMANN Founding Director
Dr Luke Havemann, the founding director of Havemann Inc, is a practising
and admitted attorney of the High Court of South Africa.
Having completed his schooling in George, a small town situated in the only
coastal region of South Africa that possesses an offshore rig, Luke began his
tertiary education at the Federal University of Minas Gerais (UFMG), Brazil,
following which he attended the University of Cape Town (UCT), South Africa,
where he successfully completed an accelerated BA LLB programme, which
included elective courses in Maritime and Commercial Law, respectively.
Luke went on to obtain, on scholarship, a Master’s Degree (LLM) in Marine
and Environmental Law from the University of Cape Town’s Institute of Marine
and Environmental Law (IMEL), with his chosen curriculum including courses
in Marine Resources Law, International Environmental Law and Marine
Pollution Law, respectively. Finally, having set his sights on becoming a
leading expert in energy law, Luke went on to study for the degree of PhD at
the University of Aberdeen, Scotland, from which institution he received the
CB Davidson scholarship.
Prior to founding Havemann Inc and addressing the obvious need for a
specialist oil and gas law firm in Southern Africa, Luke practiced in the
commercial litigation departments of two of South Africa’s foremost corporate
law firms, namely, DLA Cliffe Dekker Hofmeyr Attorneys (previously Cliffe
Dekker) and Bowman Gilfillan Attorneys.
Today, Havemann Inc is the only specialist energy law firm in Southern Africa,
with its founding director being the only practicing attorney in South Africa
who holds the degree of PhD in the field of oil and gas law. Luke’s passion for
and unparalleled knowledge of his particular field of expertise has inter alia
led local attorneys, seeking advice on the interpretation of various industryspecific domestic and international legal instruments, to Havemann Inc. Luke
has also been invited to present papers, regarding topical legislative
developments, at various international oil and gas conferences (such as the
East African Petroleum Conference and Exhibition and Offshore West Africa).
Luke has recently completed a chapter for the second edition of Greg
Gordon’s and John Paterson’s Oil and Gas Law: Current Practice and
Emerging Trends wherein he critically analyses the enviro-legal regime
governing the United Kingdom’s offshore industry.
Luke is tri-lingual (English, Afrikaans and Portuguese) and a keen debater. He
has been victorious in various regional and national debating competitions,
including one that saw him accompany the then-president of South Africa, Mr
1st Floor, Convention Tower, Cnr Coen Steytler Ave & Heerengracht St, Cape Town, 8001, South Africa
Tel +27 (0) 21 403 6350 Fax +27 (0) 21 403 6301 lhavemann@havemanninc.com www.havemanninc.com
DIRECTOR: DR LUKE HAVEMANN BA LLB LLM (UCT) PhD (ABDN) REGISTRATION NO: 2011\000697\21
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Nelson Mandela, to the United Nations headquarters in New York to celebrate
the 50th anniversary of the United Nations, in 1995.
2.
CLARE WIESE Business Manager
Ms Clare Wiese is an admitted attorney of the High Court of South Africa.
Having graduated with a BA in Journalism from the University of Westminster,
London, she went on to enroll for the three-year post-graduate LLB program
at the University of Cape Town. Clare completed her articles at one of South
Africa’s leading corporate law firms, Bowman Gilfillan Attorneys, after which
she practiced as an Associate in the firm’s Litigation Department.
As the Business Manager of Havemann Inc, Clare is responsible for ensuring
its global positioning and economic growth.
1st Floor, Convention Tower, Cnr Coen Steytler Ave & Heerengracht St, Cape Town, 8001, South Africa
Tel +27 (0) 21 403 6350 Fax +27 (0) 21 403 6301 lhavemann@havemanninc.com www.havemanninc.com
DIRECTOR: DR LUKE HAVEMANN BA LLB LLM (UCT) PhD (ABDN) REGISTRATION NO: 2011\000697\21
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