Positive energy: powering Africa to deliver a better future for the world

In our fast-moving modern world, energy lawyers need strategic nous and a holistic view of the society they operate in, rather than seeing themselves merely as technocrats or advisors who know their legal ABCs, says projects and energy sector expert Greg Nott, a director and Head of Africa at leading firm Deneys.

“We’ve got to have a holistic view of the way we go about our business, and a very keen interest in how we’re developing our market, so we’ve got to be up to date not only on the law but society in general, and where things are going in terms of policy,” he adds. “In countries such as South Africa, access to leaders, to influencers, to funders, to society as a whole helps the sponsor, the project developer, or the bank itself move and facilitate itself into a successful project.”

While lawyers do need to deeply understand their ‘beat’, says Greg, at the same time they must be alive to many other issues that come into play. What are stakeholders saying? Can lawyers influence policy on behalf of stakeholders? What are new developments in financing, and how can they be applied to particular projects? Lawyers must be astute commentators on the foreground and background of energy in South Africa and the broader southern Africa region.

It’s also important, adds Greg, to focus on the trends more than the headlines.

With almost four decades in legal practice, Greg has witnessed plenty of evolution in the African energy sector, alongside massive change in South Africa.

Millions of headlines. Some key trends.

AEF growth as a measuring stick

As Head of Africa and a Director in the Projects practice at Deneys, Greg advises on major energy sector transactions across the continent, from upstream oil and gas to solar and wind projects and South Africa’s REIPPPP initiative (which mobilises billions of dollars for clean energy generation). Over his decades in practice, he’s seen plenty of growth and change in South Africa and beyond.

“I’ve been going to the Africa Energy Forum for some twenty years now, and that really illustrates the energy trends in our country and in Africa as a whole,” he shares ahead of this year’s AEF event in Cape Town, themed ‘Building Africa’s Industrialised Future’. “In the very beginning we’d struggle to find or discuss any new projects that had actually closed. We’d talk about the same projects over and over, nothing really moved. There’d be a few hundred people in attendance, and few if any South African firms represented. Nowadays, AEF is a totally different story, and that’s a reflection of the growth and importance of energy in the region and on the continent as a whole, plus all the good stories that come with it.”

This month’s AEF in Cape Town is expected to have several thousand attendees, with 600 young people taking part in practical workshops, over 230 expert speakers and 80 sessions, and more than 1,000 companies represented.

“Historically, energy in South Africa has been dominated by Eskom in generation and transmission,” says Greg. “But that’s changing, accelerated by reform and private sector participation. We’ve had some key policy milestones, with IRP in 2019 - which has shown a formal roadmap for diversification - helping enormously. We’ve had the removal of a 100MW licensing cap, and electricity regulation amendments which move us towards a more competitive market.”

Investors looking at the South African energy market are now seeing a framework that’s more conducive to consistent regulation and openness, says Greg, as well as massive, rapid growth in renewables and embedded generation thanks to a state-of-the-art renewables tender process that gives confidence to investors.

“At the end of the day, you’re now seeing projects closed and completed all the time, which also generates a great sense of confidence,” says Greg. “In future you’re going to see a greater emphasis on transmission, and regional integration is becoming more relevant. All these trends are leading to a good headline, which shows energy sufficiency, and energy reliability, consistency, and affordability.”

Multidisciplinary approach, positive outlook

Throughout his career, Greg has worked on highly impactful matters, from his earliest days representing political prisoners, exiles, and trade unions in the final throes of Apartheid and South Africa’s transition to democracy, to spearheading significant African energy projects. In 2010, he was named International Lawyer of the Year by British magazine Legal Business, for his pro bono work and being a champion of human rights. He has been the lead lawyer for Olympic champion Caster Semenya throughout her long-standing legal battles with World Athletics.

Again and again, Greg has witnessed positive progress emerge from challenge, struggle, and change. Transformation is at the heart of modern South Africa.

At Deneys, he is part of a talented, multidisciplinary projects and energy sector team that is helping shepherd the nation, and wider region, through a new energy era.

“I’m very proud of our team and the type of advice we’ve given over the years,” says Greg, circling back to his holistic view of lawyers’ roles in modern society.

“We have one of the most astute lawyers in South Africa, in terms of renewable energy, with Jackie Midlane, who has built around her a phenomenal team which has done some significant energy and renewables projects on the continent. In Cape Town we have Matthew Ash, our Head of Energy, who’s made himself an expert in subjects like gas to power, battery energy storage, and other key trends. We’ve got rising stars like fellow directors CJ Grey, Raghemah Hendricks, and Malibuye Cossie, who’ve all grown up in the team. We’re getting a groundswell of young lawyers coming through and staying for the long haul, so clients who turn to us get a consistency of advice and a lot of support, which is of great importance.”

Looking ahead, Greg sees long-term trends of a transition to a fully competitive electricity market for South Africa, decarbonisation, and growing nuclear capacity.

Like the country has done as a whole, the South African and African energy markets are transforming for a new era. But, says Greg, such changes are about more than generating power and getting it from one point to another to be used.

“We’ve got to think more widely than just a narrow scope of what energy is,” he says. “Energy is all encompassing. It’s for communities. When you talk about bringing electricity and energy to the continent, you want to do it in the widest possible way you can to those who haven’t got it, so we can uplift poverty, we uplift human rights, we uplift access to jobs, better living conditions, and so on.”

Africa is the last frontier, says Greg, passion ringing through his voice. The last frontier that can really deliver in a geopolitical world seemingly in absolute chaos.

“We’re not without our wars, or our difficulties, but I believe with the right amount of energy – and by that I mean political will and wherewithal, alongside electricity – you see all the exciting possibilities and say to yourself, what are the limits?”

Greg hopes that message will be conveyed at AEF 2026. A message of hope.