Gary Felthun

Partner, Johannesburg

Biography

Overview

Gary Felthun is a partner in the Firm's Global Mergers & Acquisitions practice and heads the market-leading corporate M&A Group in Johannesburg.

Gary focuses on M&A and private equity and advises a range of listed and private clients, including prominent mining organisations, corporates and private equity firms, on domestic and international transactions.

In recent years, Gary has acted on many of the leading and highest profiled mining, private equity and healthcare deals in South Africa.

Bars and Courts
High Court of South Africa
Member of the Law Society of the Northern Provinces, Gauteng
Education
BA
University of Cape Town
LLB
University of Cape Town
Languages
English

Experience

General M&A

  • Representation of the Imperial Group in its disposal of their Regent Insurance business to the Hollard Group. 
  • Representation of Daimler Truck AG, one of the biggest producers of premium cars and manufacturer of commercial vehicles, on its acquisition of Atlantis Foundries Proprietary Limited, a manufacturer of cast iron products for the automotive industry.
  • Representation of Zip Co Limited, a company listed on the Australian Stock Exchange, in its acquisition of the entire issued share capital of a global instalment technology platform, PartPay Limited, providing exposure to four key jurisdictions, namely New Zealand, South Africa, the United Kingdom and the United States of America.
  • Representation of Forge Group (Pty) Limited in the sale of the businesses of three of its subsidiaries to JSE-listed Invicta South Africa Holdings (Pty) Limited, a provider of capital equipment and engineering solutions.
  • Representation of the shareholders of Link Healthcare Private Limited, a specialist pharmaceutical and medical technology company with a presence in Africa, Australasia and Asia, in relation to their 100% disposal to Clinigen Group plc, a UK listed pharmaceutical company. 
  • Representation of Transaction Capital Limited in relation to a joint venture with Pettit Capital Proprietary Limited to provide debt on an ad hoc basis.
  • Representation of the Coricraft Group in relation to their acquisition of the business of a major South African retailer. This transaction was an important acquisition for our client and represented significant growth in their local business.
  • Representation of Investec Bank Limited in relation to a joint venture property development investment. 
  • Representation of Newmark Hotels (Pty) Ltd, the management company for a selection of luxury hotels, residences, reserves and lodges in Africa, in respect of the acquisition of its first hotel in Mauritius.
  • Representation of Gransasso Trading (Pty) Ltd in the sale of their corporate catering business to an international services, trading and distribution company, listed on the Johannesburg Stock Exchange. 

Private Equity 

  • Representation of The Carlyle Group in relation to its US$120 million acquisition of a majority shareholding in a privately-owned local telecoms group CMC Networks (Pty) Limited, a pan-African provider of managed connectivity solutions for global telecoms providers. 
  • Representation of The Carlyle Group in relation to its acquisition from Stellar Capital of shares in the security technology company, Amalgamated Electronic Corporation Limited.
  • Representation of Johannesburg-based Tecsa (Pty) Limited (owned by Westbrooke Investment), in the sale of its business to refrigeration wholesaler Beijer Ref AB, a Swedish listed entity. 
  • Representation of the founding shareholders, as sellers, in relation to the disposal of shares in Gammatek SA (Pty) Ltd, the largest cell phone accessory business in South Africa, to the Ethos Mid-Market Fund.
  • Representation of Westbrooke on its disposal of a significant interest in the Coricraft retail chain to the Actis group.
  • Representation of Amrod's shareholders on their disposal of a significant interest in Amrod to Carlyle.

Mining

  • Representation of African Royalty Minerals Proprietary Limited in a successful bid process to acquire all of the assets of Koornfontein Mines Proprietary Limited (currently, in business rescue).
  • Representation of AngloGold Ashanti Limited in relation to a transaction pursuant to which it agreed to dispose of various mining assets in South Africa to Harmony Gold Mining Company Limited.
  • Representation of Total in relation to the disposal of all of their South African coal assets to Exxaro Resources Limited.
  • Representation of Black Royalty Minerals Proprietary Limited in relation to the setup and commencement of Chilwavhusiku Mine.
  • Representation of Uitkomst Colliery (Pty) Limited in their acquisition of all of the mining equipment owned and used by Khethekile Mining (Pty) Ltd for mining purposes.
  • Representation of Pallinghurst Group in relation to a CA$600 million equity investment in Nemaska Lithium Inc to finance the Wabouchi Project, a lithium and electrochemical plant in Quebec, Canada by way of a CA$200 million private placement and a rights issue offering up to CA$400 million.
  • Representation of Pallinghurst Resources Limited in its successful hostile takeover of Gemfields plc.
  • Representation of Sedibelo Platinum Mines Limited in relation to the Industrial Development Corporation of South Africa Limited's subscription for a 16.2% shareholding.
  • Representation of Sedibelo Platinum Mines Limited and Pallinghurst Resources Limited in relation to the consolidation of various mining assets across the Western Limb of the Platinum Belt in South Africa.
  • Representation of Sedibelo Platinum Mines Limited in relation to a facility agreement concluded with the Industrial Development Corporation of South Africa Limited.
  • Representation of MC Mining Limited and its subsidiaries in relation to a ZAR245 million loan facility funding agreement with the Industrial Development Corporation.
  • Representation of MC Mining in relation to their flagship Makhado Project including in relation to their hard coking offtake agreement with ArcelorMittal South Africa.
  • Representation of MC Mining Limited in relation to its ZAR1.3 billion takeover proposal for the entire share capital of Universal Coal plc, an ASX listed coal-mining company.
  • Representation of MC Mining Limited in the disposal of its Mooiplaats Colliery to a consortium which included Patrice Motsepe (one of South Africa's wealthiest entrepreneurs) and Bernard Swanepoel (former CEO of Harmony Gold Limited).
  • Representation of MC Mining Limited in the acquisition the Uitkomst Colliery from Pan African Resources plc.
  • Representation of MC Mining Limited via its subsidiary Baobab Mining & Exploration, in relation to the acquisition of two key properties (Lukin and Salaita) required for its Makhado hard coking and thermal coal project.
  • Representation of MC Mining Limited pursuant to its disposal of 21% interest in Uitkomst Colliery (Pty) Ltd to a Black Economic Empowerment consortium.
Awards and Recognition

Gary Felthun is a well-respected corporate practitioner with a broad set of skills covering cross-border acquisitions and PE investments.
Chambers Global, Corporate/M&A: Private Equity, 2021

"He has a good balance of technical expertise and a cool head for crises."
Chambers Global, Corporate/M&A 2021

One of seven "Ranked Individuals" for Private Equity in South Africa
Chambers Global, 2020

One of ten "Leading Individuals" for Commercial, Corporate and M&A, in  South Africa
The Legal 500, 2019

"direct and confident"
Chambers Global, Corporate/M&A: Private Equity, 2020

"very personable, highly intelligent lawyer with commercially minded solutions."
Chambers Global, Corporate/M&A: Private Equity, 2020

"He's one of the best in the business at always supporting and working towards closing the deal."
Chambers Global, Corporate/M&A: Private Equity, 2020

"He possesses an impressive reputation in the market, particularly in the mining and private equity spaces."
Chambers Global, Corporate/M&A: Private Equity, 2020