William Du Toit

BA COMMUNICATION (POTCHEFSTROOM) B.PROC (UP)
Senior Consultant

William is a qualified Attorney, Notary and Conveyancer and practices as a Consultant at BBP Law.  William has 32 years’ post-qualification experience and specialises in commercial and property law transactions, which includes work for the largest oil company in South Africa regarding service station development in the retail distribution of the petroleum industry and secured the rights to the development of automotive service stations around the country.  

William’s experience extends to the drafting of commercial contracts, particularly with regard to immovable property, procurement, bunker oil agreements, municipal servitudes and general contractual work.  He managed the conveyancing department with special application to service station development in the retail distribution of the petroleum industry. 

He has also assisted in drafting and preparing upstream oil and gas agreements such as, Multi-client agreements, Technical Support Agreement, reviewing subsurface aspects for an offshore Namibian production project, and Joint Operating Agreement. His overall experience, gained since 1983, includes servicing the needs of a diversity of clients throughout South Africa. He is also an accredited mediator.

Energy, Resources & Renewables

  • Specialist expertise in the downstream petroleum industry and has for the last ten years drafted commercial contracts ranging from property matters, procurement matters and documenting joint facility agreements, such as bunkering agreements in the three largest ports of South Africa.
  • Drafted a legal opinion on the impossibility of performance and the ability to exercise an Option in terms of a Farm-out Agreement entered into between Arcadia Expro Namibia and Repsol in a dispute between oil and gas exploration companies in Namibia.
  • Provided legal advice, comments and proposed amendments for the National Oil Company of Namibia (NAMCOR) and EMGs in respect of a multi-client data acquisition services, revenue sharing and brokerage agreement.
  • Provided advice on the legal requirements for condonation and appeal applications in terms of Mineral and Petroleum Resources Development Act 2002 (“MPRDA”).
  • Drafted a legal opinion on Article 4 of the Joint Operating Agreement (JOA) relating to the calculation of damages in a dispute between oil and gas exploration companies in Namibia.
  • Drafted a legal opinion on the impossibility of performance and the ability to exercise an Option in terms of a Farm-out Agreement in a dispute between oil and gas exploration companies in Namibia.
  • Provided comments and legal advice for the NAMCOR with respect to the Kudu Gas to power production project relating to the subsurface aspects of the Kudu Gas field offshore Namibia to prepare a Reserves and Resources Report.
  • Provided comments and legal advice for the NAMCOR and a former joint venture partner dealing with the liability under the JOA and the withdrawal provisions and consequences thereof.
  • Attended on the drafting of a Legal compliance framework table for the Kudu gas to power production project.
  • Drafted a legal opinion on the unlawful cash calls issued by an operator in respect of a JOA in a dispute between oil and gas exploration companies in Namibia.
  • Drafted commercial development agreements to develop automotive fuel filling and service stations for the largest oil company in SA.
  • Registered dozens of long term commercial leases to secure trading rights for the operation of automotive fuel filling and service stations in SA. 
  • Participated in due diligence in respect of the property component of the sale of its interests by a multinational oil and gas company.
  • Negotiated and drafted the Common User Agreement relating to the management and control of the sale of Bunkers in the port of Richards Bay.

Corporate & Commercial

  • Has been involved in the drafting of commercial contracts for several clients including the largest oil company in South Africa, particularly with regard to immovable property, procurement, bunker oil agreements, municipal servitudes, joint facility agreements and general contractual work. Has an in-depth understanding in the drafting of industry related agreements with a clear understanding of the commercial and corporate law aspects.

Real Estate and Conveyancing

  • Drafted and registered more 700 servitudes to secure rights of way, height restrictions, secure encroachments, view protection and trading rights.
  • Transferred (twice) bulk commercial property portfolios (500 properties) to give effect to internal re-organisation of large commercial company in SA.
  • Transferred (twice) all the properties housing one of the largest oil refineries in SA.
  • Advised on when the provisions of section 24 or 25 of the Sectional Title Act 1986 (the Act) should apply regarding the extensions rights in terms of section 25(6) of the Act.
  • Advised on the acquisition of the rights of a servitude of right of way over and adjacent property, whether by way of acquisitive prescription or right of way of necessity.

Head Office

We’re located in the heart of Bellville

26 Hofmeyr Street
Welgemoed
7530

Contact Us

Why not give us a call or send us an email

Tel: +27 21 945 1237
Fax: +27 86 691 4998
Email: info@bbplaw.attorney