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Claire Tucker

Head of Public Law and Regulatory | Johannesburg

Claire Tucker

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T: +27 11 669 9402

Overview

Claire Tucker is a partner in our Johannesburg office Corporate Department, and is head of the Public Law and Regulatory Practice.

Her Masters degree in Law and Development make her well placed to assist in projects involving the interface between law and policy.  She has worked on a wide range of regulatory matters including drafting of laws and regulations, High Court review applications in respect of decisions on regulatory matters, the interpretation and application of statutes as well as commercial and transactional advice.

She specialises in energy related matters and particularly in procurement and government contracting aspects of this.

Experience

  • The South African National Treasury and the Department of Energy flagship independent power producer procurement processes for renewable energy, baseload coal, baseload gas including imported LNG in South Africa, all aspects of the design and implementation and drafting of the procurement process documents, and implementation of the process, as well as evaluation of bids and negotiation with preferred bidders. Drafting amended legislation and regulations to facilitate these programmes.
  • Department of Energy – national solar water heater programme for the supply, installation and maintenance of 1.75 million solar water heater systems in residential homes throughout South Africa as well as the repair of existing solar water heater systems, design and implementation and drafting of the procurement process documents, and implementation of the process and assisting with any challenges to decision making.
  • Eskom Holdings SOC Ltd – all aspects of the development, construction and procurement processes for the Medupi (6000MW) and Kusile (6000MW) coal fired power stations, and successfully defending high court review proceedings relating to decision-making for these coal fired power stations.
  • Gidani, the second operator of the National Lottery – various High Court reviews, undertaken on an expedited basis, which successfully challenged the Minister of Trade and Industry’s decision to award the licence to operate the national lottery (as the third national lottery operator) to Ithuba Holdings (Pty) Ltd.
  • A private party tenderer who challenged on an expedited basis a pipeline supply contract awarded by Rand Water an urgent interdict was successfully obtained preventing the implementation of the pipeline supply contract pending judicial review of the decision to award the pipeline supply contract (ongoing).
  • Reviews and advice provided in a transactional context in respect of the Kelvin power station and the regulatory framework applicable to this municipally embedded power generation facility, reviews included procurement principles and electricity regulatory principles applicable to power purchase agreements entered into by municipalities and the applicable tariff structures (2003, 2014, 2015) (C Tucker – lead on electricity regulation and procurement).
  • The private party consortium, which in 2015 successfully reached financial close for the City Of Tshwane (Pretoria) Metropolitan office accommodation PPP (Munitoria PPP Consortium), in relation to the procurement approval processes and MFMA principles applicable to financing, design, construction and facilities management concession for a new head office for the City Of Tshwane, including participation in the negotiation of final concession and project agreements, as well as the negotiation and settlement of the financing agreements.
  • Various municipal entities of the City of Johannesburg, including Pikitup, Johannesburg Water and the Johannesburg Market and the City itself on various procurement disputes with contractors as well as National Treasury reviews of certain of the procurement processes of these entities.
  • Various local and international financial institutions advancing funds to state institutions on the power and authority of the institution to enter the lending arrangement, including Denel, SAA, Transnet, SANRAL, Eskom amongst others.
  • The Western Cape Provincial government on a municipal and provincial broadband roll out, including extensive advice on procurement principles and grant funding principles in the municipal sector and the relationships between national, provincial and local government.
  • Telecoms and broadband companies on various disputes with municipal entities with regard the use of infrastructure and procurement principles, including settling a long running dispute between the City of Johannesburg and a major supplier to the City.
  • A leading car and truck rental company on various municipal contracts and the public procurement principles and PFMA implications of various transactions.
  • The state party, National Treasury, lenders, sponsors and/or concessionaires on the regulatory and procurement aspects of public private partnerships, including the Gautrain Project, Prisons projects and state accommodation projects.
  • Various state owned entities and municipalities, including Eskom, in relation to challenges to public procurement processes, including bringing and defending judicial review proceedings in the Supreme Court of Appeal and Constitutional Court.
  • Various state owned entities on the application of the Preferential Procurement Policy Framework Act to their operations and assisting in the design of preferential procurement policies.
  • Various international and local clients on various government tender processes and auctions of assets.

Awards

Claire’s accolades include:

  • Chambers and Partners consistently ranked Claire in Band 1 for Environmental law (2015 to 2024), Top Tier (Band 1 and/ or Band 2) for Administrative and Public Law (2019-2024) as well as in Band 1 for Public Procurement for the past three consecutive years (2021-2024).
  • Legal 500 recognised Claire Tucker, “ Claire Tucker handles a wide spectrum of mining law, and is noted for her strength in regulatory work” in 2024. 
  • IFLR1000’s Financial and Corporate Guide rated Claire as a Highly Regarded Lawyer for Energy and Infrastructure, Project Development, particularly within the Mining sector for the past six years (2018 to 2023) and prior to that, as a Leading Lawyer in the same category (2015 and 2016).
  • Who’s Who Legal recognised Claire as a Leading Practitioner and Thought Leader in 2017 and 2018 for her work in Government Contracts and Environment as well as in Public Procurement.
  • Recognised by Best Lawyers in 2017 for Environmental Law and Regulatory Practice.

‘Claire Tucker is a pre-eminent lawyer with notable experience of matters pertaining to procurement law, covering administrative reviews and PPPs, with further respect for her handling of regulatory and environmental matters.’ – Chambers and Partners, 2024

‘Claire has a high level of expertise in her field, and her responses are short and to the point.’ – Chambers and Partners, 2024

‘Claire Tucker provides business-oriented legal advice.’ – Chambers and Partners, 2024

‘She is certainly one of the foremost environmental lawyers in South Africa.’

‘Claire Tucker is an absolutely first-rate practitioner. She has an almost unparalleled understanding of the intricacies of public law and administrative law in South Africa. She is also highly responsive to the needs and objectives of her clients.’

‘Claire is an undisputed leader in the public law field and one of the smartest lawyers around.’ – Chambers and Partners, 2023

‘Claire Tucker handles a wide spectrum of mining law matters, and is noted for her strength in regulatory work’ – Legal 500, 2024

‘Claire Tucker has gone out of her way to provide a professional service and render solutions and options to our challenges.’ – Legal 500, 2022

Claire Tucker heads the public law and regulatory practice. Interviewees describe her as “extremely knowledgeable” on environmental issues, and note that “she is very analytical: quick to identify problems as well as to come up with solutions.” – Chambers and Partners 2017

Claire Tucker has a strong regulatory and enforcement practice and represents a range of banks, mining companies and manufacturers. Clients say: “Her knowledge, experience and gut sense of advice are brilliant.” – Chambers and Partners 2016

AREA OF EXPERTISE

Qualifications

  • BA and LLB from the University of the Witwatersrand.
  • MSc in Law and Development from the London School of Economics.

INSIGHTS

South Africa: Government’s plan to boost private sector investment – proposed amendments to the PPP Regulations South Africa: Environment, Sustainability and Climate Change Law Round-Up, 2023 South Africa: ESG in decision making – Eloff Landgoed (Pty) Ltd v Minister of Forestry, Fisheries and the Environment and Others (GDP) (June, 2023) South Africa: The ‘polluter pays’ principle – Ezulwini Mining Company (Pty) Ltd v Minister of Mineral Resources and Energy and Others (2023) ZASCA South Africa: Environmental, Sustainability and Climate Change Law – Legislative Developments in 2023 South Africa: Developments in the regulation of green claims and greenwashing South Africa: A country with abundant green hydrogen potential Africa: Recent developments in carbon markets South Africa: No hard deadline for South Africa to achieve net-zero, but Climate Change Bill progresses through Parliament South Africa: Constitutional Court sets aside controversial Waste Act amendments South Africa: Allocation of water use entitlements – ecological versus empowerment considerations South Africa: B-BBEE alive and well in government contracting South Africa: Supreme Court of Appeal acts to protect lending transactions with organs of state South Africa: Public Procurement cast into uncertainty by Constitutional Court judgment South Africa: Beware when acquiring tailings dams as part of a mine or mineral processing facility South Africa: Jagersfontein tragedy highlights complicated regulatory regime for tailings dams South Africa: Embracing green and blue hydrogen South Africa: Amendment of mining and mining related activities requiring environmental authorisations and landowner consent requirements South Africa: The rising complexities of consultation and public participation requirements in the mining sector South Africa: Amendments to 100MW threshold exemption South Africa: 100MW threshold confirmed – A new era for industrial and mining power consumers South Africa: A new era for industrial and mining power consumers South Africa: How the law needs to change to lift self-generated power to 100MW 2000MW IPP Programme in South Africa The Chambers Global Practice guide on Public Procurement and Government Contracts, 2020 – South Africa chapter The Chambers Global Practice Guide on Mining, 2020 – South Africa Chapter COVID-19: Ministerial directive in the mineral resources and energy sector COVID-19: Certain environmental process and other timeframes extended, South Africa COVID-19: B-BBEE and the Solidarity Response Fund Liability for harm caused by GHG emissions Public Procurement and Government Contracts 2019 How populism is making its presence felt in mining Six things you need to know about Mining Charter III The drawn-out process to remake the Mining Charter is still ongoing Significant progress for small scale generators National Environmental Compliance and Enforcement Report released Reviewed Mining Charter published amid threats of court application to stop its implementation Energy Efficiency Initiatives in South Africa Obligation to report a B-BBEE transaction to the B-BBEE Commission Marine Spatial Planning Bill, 2017 Black ownership as a requirement for doing business with government Benchmarking PPP Procurement 2017 in South Africa Getting the Deal Through: Mining 2016 edition South African Government proposes strategic partnership between the public and private sector Certainty will help mining sector to do things better The International Comparative Legal Guide to: Environment & Climate Change Law 2015 Edition Public Procurement Multi-jurisdictional Guide 2013: South Africa Q&A Getting the Deal Through – Climate Regulation 2015 – South Africa The International Comparative Legal Guide to Environment & Climate Change Law 2014 Edition Public Procurement Multi-jurisdictional Guide 2014/15: South Africa Q&A

Overview

Claire Tucker is a partner in our Johannesburg office Corporate Department, and is head of the Public Law and Regulatory Practice.

Her Masters degree in Law and Development make her well placed to assist in projects involving the interface between law and policy.  She has worked on a wide range of regulatory matters including drafting of laws and regulations, High Court review applications in respect of decisions on regulatory matters, the interpretation and application of statutes as well as commercial and transactional advice.

She specialises in energy related matters and particularly in procurement and government contracting aspects of this.

Experience

  • The South African National Treasury and the Department of Energy flagship independent power producer procurement processes for renewable energy, baseload coal, baseload gas including imported LNG in South Africa, all aspects of the design and implementation and drafting of the procurement process documents, and implementation of the process, as well as evaluation of bids and negotiation with preferred bidders. Drafting amended legislation and regulations to facilitate these programmes.
  • Department of Energy – national solar water heater programme for the supply, installation and maintenance of 1.75 million solar water heater systems in residential homes throughout South Africa as well as the repair of existing solar water heater systems, design and implementation and drafting of the procurement process documents, and implementation of the process and assisting with any challenges to decision making.
  • Eskom Holdings SOC Ltd – all aspects of the development, construction and procurement processes for the Medupi (6000MW) and Kusile (6000MW) coal fired power stations, and successfully defending high court review proceedings relating to decision-making for these coal fired power stations.
  • Gidani, the second operator of the National Lottery – various High Court reviews, undertaken on an expedited basis, which successfully challenged the Minister of Trade and Industry’s decision to award the licence to operate the national lottery (as the third national lottery operator) to Ithuba Holdings (Pty) Ltd.
  • A private party tenderer who challenged on an expedited basis a pipeline supply contract awarded by Rand Water an urgent interdict was successfully obtained preventing the implementation of the pipeline supply contract pending judicial review of the decision to award the pipeline supply contract (ongoing).
  • Reviews and advice provided in a transactional context in respect of the Kelvin power station and the regulatory framework applicable to this municipally embedded power generation facility, reviews included procurement principles and electricity regulatory principles applicable to power purchase agreements entered into by municipalities and the applicable tariff structures (2003, 2014, 2015) (C Tucker – lead on electricity regulation and procurement).
  • The private party consortium, which in 2015 successfully reached financial close for the City Of Tshwane (Pretoria) Metropolitan office accommodation PPP (Munitoria PPP Consortium), in relation to the procurement approval processes and MFMA principles applicable to financing, design, construction and facilities management concession for a new head office for the City Of Tshwane, including participation in the negotiation of final concession and project agreements, as well as the negotiation and settlement of the financing agreements.
  • Various municipal entities of the City of Johannesburg, including Pikitup, Johannesburg Water and the Johannesburg Market and the City itself on various procurement disputes with contractors as well as National Treasury reviews of certain of the procurement processes of these entities.
  • Various local and international financial institutions advancing funds to state institutions on the power and authority of the institution to enter the lending arrangement, including Denel, SAA, Transnet, SANRAL, Eskom amongst others.
  • The Western Cape Provincial government on a municipal and provincial broadband roll out, including extensive advice on procurement principles and grant funding principles in the municipal sector and the relationships between national, provincial and local government.
  • Telecoms and broadband companies on various disputes with municipal entities with regard the use of infrastructure and procurement principles, including settling a long running dispute between the City of Johannesburg and a major supplier to the City.
  • A leading car and truck rental company on various municipal contracts and the public procurement principles and PFMA implications of various transactions.
  • The state party, National Treasury, lenders, sponsors and/or concessionaires on the regulatory and procurement aspects of public private partnerships, including the Gautrain Project, Prisons projects and state accommodation projects.
  • Various state owned entities and municipalities, including Eskom, in relation to challenges to public procurement processes, including bringing and defending judicial review proceedings in the Supreme Court of Appeal and Constitutional Court.
  • Various state owned entities on the application of the Preferential Procurement Policy Framework Act to their operations and assisting in the design of preferential procurement policies.
  • Various international and local clients on various government tender processes and auctions of assets.

Awards

Claire’s accolades include:

  • Chambers and Partners consistently ranked Claire in Band 1 for Environmental law (2015 to 2024), Top Tier (Band 1 and/ or Band 2) for Administrative and Public Law (2019-2024) as well as in Band 1 for Public Procurement for the past three consecutive years (2021-2024).
  • Legal 500 recognised Claire Tucker, “ Claire Tucker handles a wide spectrum of mining law, and is noted for her strength in regulatory work” in 2024. 
  • IFLR1000’s Financial and Corporate Guide rated Claire as a Highly Regarded Lawyer for Energy and Infrastructure, Project Development, particularly within the Mining sector for the past six years (2018 to 2023) and prior to that, as a Leading Lawyer in the same category (2015 and 2016).
  • Who’s Who Legal recognised Claire as a Leading Practitioner and Thought Leader in 2017 and 2018 for her work in Government Contracts and Environment as well as in Public Procurement.
  • Recognised by Best Lawyers in 2017 for Environmental Law and Regulatory Practice.

‘Claire Tucker is a pre-eminent lawyer with notable experience of matters pertaining to procurement law, covering administrative reviews and PPPs, with further respect for her handling of regulatory and environmental matters.’ – Chambers and Partners, 2024

‘Claire has a high level of expertise in her field, and her responses are short and to the point.’ – Chambers and Partners, 2024

‘Claire Tucker provides business-oriented legal advice.’ – Chambers and Partners, 2024

‘She is certainly one of the foremost environmental lawyers in South Africa.’

‘Claire Tucker is an absolutely first-rate practitioner. She has an almost unparalleled understanding of the intricacies of public law and administrative law in South Africa. She is also highly responsive to the needs and objectives of her clients.’

‘Claire is an undisputed leader in the public law field and one of the smartest lawyers around.’ – Chambers and Partners, 2023

‘Claire Tucker handles a wide spectrum of mining law matters, and is noted for her strength in regulatory work’ – Legal 500, 2024

‘Claire Tucker has gone out of her way to provide a professional service and render solutions and options to our challenges.’ – Legal 500, 2022

Claire Tucker heads the public law and regulatory practice. Interviewees describe her as “extremely knowledgeable” on environmental issues, and note that “she is very analytical: quick to identify problems as well as to come up with solutions.” – Chambers and Partners 2017

Claire Tucker has a strong regulatory and enforcement practice and represents a range of banks, mining companies and manufacturers. Clients say: “Her knowledge, experience and gut sense of advice are brilliant.” – Chambers and Partners 2016

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