Jan uses his considerable experience of implementing large, complex and cross-border transactions and managing large teams at large international financial institutions to provide his clients with pragmatic advice that is tailored to their risk appetite. His clients include most of the South African financial institutions, several international banks and development institutions, as well as borrowers.

He understands the issues driving the banking sector and how in-house legal teams need to respond to deliver successful transactions. Before joining Bowmans, he led several legal teams within Standard Bank (in South Africa, London and throughout the other regional African offices) – he knows the key people in the sector and their advisers well, and therefore understands how to resolve difficult negotiations in a non-aggressive, practical way.

Jan has worked with clients throughout Africa and beyond on structured finance deals. His tax law qualifications have made him an expert in Preference Share Funding deals, including BEE transactions. He also advises on asset and leveraged finance, syndicated lending, and property finance. 

He has worked in Johannesburg, Cape Town and Stellenbosch advising clients on their largest, most complex, cross-border transactions. He also works with international clients on both inward and outbound investment into Africa.

Education

• BCom, LLB, LLM (Constitutional Practice and Human Rights Law), LLM (Tax)

Professional memberships

• Attorney and Notary of the High Court of South Africa

Relevant Experience

Jurisdictions worked in:  South Africa, Mauritius, Kenya, Nigeria, Ghana, Zambia, Zimbabwe, Democratic Republic of Congo, Cote D’Ivoire, Mozambique, Namibia, Botswana, Uganda, Tanzania, UK and Ireland, USA (New York), Canada, Italy, Netherlands, Norway, Germany, Portugal, Spain, France, Luxembourg, Isle of Man, Guernsey, Australia, India, Russia, Brazil and China.

• Advising Capitec Bank in its acquisition of Mercantile Bank;
• Advising African Bank in its merger with Grindrod Bank;
• Advising Standard Bank and Rand Merchant Bank in respect of their financing to Distell as part of the Heineken/Distell merger;
• Advising Norfund and BII (previously CDC) in their equity and financing investments in a South African BEE investor in the renewable energy sector;
• Advising Absa Bank and African Rainbow Energy and Power (AREP) iro their formation of the African Rainbow Energy Fund and Absa Bank in regard to their contribution of several renewable energy assets into the Fund and their financing to the Fund and AREP to invest in new renewable energy projects;
• Advising African Rainbow Capital on a private equity mezzanine funding into Kenya;
• Advising Pick n Pay iro a green loan facility with RMB for ZAR 1.2 billion;
• Advising Capitec Bank iro their acquisition of the Liberty building in Cape Town;
• Advising Coca Cola iro their restructuring and refinancing of all their syndicated and bilateral facilities throughout all of their offices in Africa;
• Advising Helios Fairfax Partners iro their shareholding in Grobank and the sale of the majority of their stake to Access Bank in Nigeria and the conversion of Grobank to Access Bank South Africa;
• Advising Western Cape based listed company KAL iro their term and RECF funding from Absa Bank;
• Advising Old Mutual Emerging Markets iro the refinancing and restructuring of their syndicated and bilateral RCF and multicurrency/multijurisdictional facilities.
• Advising South African banks on structures to enhance their Tier I and II capital positions;
• Advising African Rainbow Capital in respect of the restructuring of its financial assets and the funding related thereto and Sanlam’s acquisition of 25% in these assets;
• Advising African Rainbow Capital in respect of its investment in Kropz Plc and its UK listing;
• Advising the Old Mutual Hybrid Equity Fund and Old Mutual Specialised Finance on several preference share and BEE funding transactions;
• Advising Helios Fairfax Partners on several restructuring and funding transactions in respect of their assets throughout Africa;
• Advising The Standard Bank of South Africa Limited in the restructuring of its BEE transaction;
• Advised Wescoal Holdings Limited in relation to a specific issue of shares to a special purpose vehicle (BEE SPV), whose shareholders comprise a consortium of existing Wescoal shareholders;
• Advising several banks and borrowers in the hospitality and gaming industry in restructuring of facilities during Covid period;
• Advising several international development finance institutions in their investments in preference share funding in the SA market;
• Advising South African Breweries in the restructure and funding of its BEE transaction;
• Advising Standard Bank, Rand Merchant Bank and Old Mutual iro their financing and retsructurings of the Mediclinic BEE transaction;
• Advising the South African banks iro the Preference Share Funding in both the MTN and Vodacom BEE structures;
• Restructuring of Shanduka/Pembani Group;
• Preference Share Financing of original shareholders in SPAC listing;
• Ship Financing transactions in Namibia;
• Aircraft financing in South Africa, Mauritius, Kenya, Ethiopia and Cote D’Ivoire;
• Financing of Hospital in Kenya;
• Financing of Shopping Malls in South Africa and Zambia;
• Several Preference Share funding transactions for acquisitions and projects, specifically funding and refinancing equity in the renewable energy space;
• Restructuring of syndicated funding with regards to a group of companies doing business in South Africa, Mauritius and Australia;
• Advising syndicate of lenders in funding for South African parastatal;
• Advising BEE groups on acquisitions and raising of funding; and
• Advising London based advisory group on transactions in Nigeria, South Africa and DRC

Signature Matters

• AB InBev and SA Breweries’ B-BBEE Scheme

Awards

• Chambers and Partners consistently ranked Jan in Band 4 for his work in Banking and Finance for five consecutive years (2017 to 2021) and most recently in Band 3 for the same category, in 2022 and 2023.
• IFLR1000’s Financial and Corporate Guide consistently rated Jan as a Highly Regarded Lawyer for his working in the Banking space for the past five consecutive years (2018 to 2022).
• Legal 500 ranked Jan as a Leading Individual for Banking and Finance for 2023 and a recommended lawyer in 2017 for the same category.

‘He is a really exceptional lawyer. He really knows the law and is pragmatic.’ – Chambers and Partners, 2022

‘Knowledge of banking, practical approach, being a former internal bank counsel gives him an edge others will never have.’ – IFLR 1000, 2022

‘Jan Kruger is a “very experienced” lawyer who is valued by clients for his ability to “provide solid and consistent advice under extreme conditions.” He is active assisting with construction and acquisition financing, as well as restructuring.’ – Chambers and Partners, 2021

‘Jan Kruger is highlighted for his extensive experience representing clients in domestic and international proceedings that relate to general banking facilities and aircraft financing, among others. An interviewee stated: “I am always impressed by his method and his attention to detail.” – Chambers and Partners 2020

“Jan Kruger is an experienced practitioner whose work includes asset finance, structured finance and acquisition finance. Sources describe him as “top-drawer: commercial, practical and reasonable.” – Chambers and Partners 2019

“Cape Town-based Jan Kruger is highlighted as someone who “stands out” in the market. He is well versed on project finance matters, refinancing and loan facilities, with additional knowledge of Islamic finance. He has spent time working in-house at Standard Bank.” – Chambers and Partners 2018

“Cape Town-based Jan Kruger is very well known in the market, having built a considerable profile during his years as an in-house lawyer at Standard Bank. He was the lead partner advising lead arranger Rand Merchant Bank on a major bridge financing facility connected to Mediclinic’s merger with the Al Noor Group. Clients remark on his “easygoing demeanour.” – Chambers and Partners 2017

• South Africa: Reference rate reform – the transition from Jibar to ZARONIA
• Amending preference share terms without triggering tax
• Flexibility in structuring transactions, The new companies act eases BEE structuring
• How to structure your BEE deal, Companies Act allows for flexibility