Photo, Phetole Modika

Phetole Modika

Partner
Baker & McKenzie

Biography

Phetole Modika is a partner in and head of Baker McKenzie's Banking & Finance Practice Group in Johannesburg.

He focuses on general banking and finance law, including secured and unsecured lending, acquisition and leveraged finance as well as structured trade commodity finance across industries in South Africa and in various other jurisdictions on the African continent.

Phetole has also acquired experience in certain niche areas of finance, such as municipal and public finance and has advised clients on the application and implications of the Public Finance Management Act, 1999 and the Local Government: Municipal Finance Management Act, 2003.

Prior to joining Baker McKenzie, Phetole was a partner at two large South African law firms.

Representative Legal Matters

  • Advised a consortium of lenders led by The Standard Bank of South Africa Limited (as mandated lead arranger) in respect of a ZAR 11 billion debt package made available to Dipula Income Fund Limited.
  • Advised Absa Bank Limited, acting through its Corporate and Investment Banking division, in relation to the provision of senior loan facilities, mezzanine loan facilities and primary lending facilities in an aggregate amount of ZAR 3,105,000,000 to Fonzosys Proprietary Limited for purposes of acquiring the shares of Alviva Holdings Limited. *
  • Advised FirstRand Bank Limited (acting through its Rand Merchant Bank division), Nedbank Limited (acting through its Nedbank Corporate and Investment Banking division) and Futuregrowth Asset Management Proprietary Limited (acting in its capacity as agent for and on behalf of its clients) in relation to the provision of senior loan facilities and mezzanine loan facilities to Enyuka Prop Holdings Proprietary Limited. *
  • Advised Absa Bank Limited (acting through its Commercial Property Finance division) in relation to the ZAR 1.4 billion secured financing to Newlyn Investments (Pty) Limited for, inter alia, the development, construction, operation and management of an industrial warehouse facility. *
  • Advised Absa Bank Limited, Investec Bank Limited, FirstRand Bank Limited (acting through its Rand Merchant Bank division), Nedbank Limited, Development Bank of Southern Africa Limited and The Standard Bank of South Africa Limited in relation to the provision of ZAR 15 billion term and revolving facilities to the Trans-Caledon Tunnel Authority for purposes of funding the Lesotho Highlands Water Project commissioned jointly by the Governments of South Africa and the Kingdom of Lesotho pursuant to the bilateral Treaty entered into between the two neighbouring countries. *
  • Advised Absa Bank Limited (acting through its Commercial Property Finance division) in relation to the ZAR 1.4 billion secured financing to Newlyn Investments (Pty) Limited for, inter alia, the development, construction, operation and management of an industrial warehouse facility in South Africa. *
  • Advised Stanbic Bank Kenya Limited and The Standard Bank of South Africa Limited (acting through its Corporate and Investment Banking division) in relation to a development loan facility to ALP West Limited for the construction of a logistics park known as the “Tilisi Logistics Park Phase 1” in Kenya. *
  • Advised Tongaat Hulett Limited in respect of the restructuring of its debt and capital structure, with the parties to the transaction including Nedbank Limited and the other major South African banking institutions. *
  • Advised various commercial banking institutions in relation to the restructuring of the Land and Agricultural Development Bank of South Africa (a development finance institution established in 1912 and currently incorporated as a juristic person by the Land and Agricultural Development Bank Act, 2002). *
  • Advised Stanbic Bank Kenya Limited and The Standard Bank of South Africa Limited (acting through its Corporate and Investment Banking division) in relation to the USD 71.5 million secured financing for the development of the Two Rivers Mall in Kenya, being the largest shopping centre in East Africa. *
  • Advised The Standard Bank of South Africa Limited and Absa in relation to term loan facilities to be made available to In2Food Group (Pty) Limited for the purposes of (i) refinancing its existing indebtedness and (ii) certain proposed acquisitions - estimated transaction value was approximately ZAR 880 million. *
  • Advised Stanbic Bank Kenya Limited and The Standard Bank of South Africa Limited (acting through its Corporate and Investment Banking division) in relation to a multi-currency development loan facility to Vipingo Development PLC for financing the development, construction, operation and management of the first phase of the Awali and Palm Ridge residential estates in Kenya. *

* Experience obtained prior to joining Baker McKenzie

Professional Honors

  • Legal 500 EMEA 2021 - 2023 mentioned Phetole for Banking & Finance
  • Mail & Guardian 200 Young South Africans 2017
  • "There is no compromise on quality output as the team is meticulous with every aspect of a transaction. Phetole is pleasant to deal with and he is a bold and dynamic breath of fresh air." IFLR1000 2018
  • "Phetole is a highly skilled lawyer with a strong understanding of the key commercial aspects of a transaction. He is goal driven and regularly engages clients and runs an efficient team that is goal driven" IFLR1000

Professional Associations and Memberships

  • Law Society of South Africa - Member

Admissions

  • Notary Public (2012)
  • South Africa (2011)

Education

  • University of the Witwatersrand (LLB) (2008)

Languages

  • English
  • isiZulu
  • Sepedi
  • Sotho
  • Tswana