/ 25 July 2011

Request for expressions of interest: acquisition of a co-ownership interest in Berth 6

REQUEST FOR EXPRESSIONS OF INTEREST:
ACQUISITION OF A CO-OWNERSHIP INTEREST IN BERTH 6 LOADING FACILITY, ISLAND VIEW, PORT OF DURBAN

BACKGROUND

BP South Africa (Proprietary) Limited, Engen Petroleum Limited, Shell South Africa Refining (Proprietary) Limited and Total South Africa (Proprietary) Limited are the co-owners of, and participants in, the loading/uploading facility (the “Facility“) at Berth 6, Island View, Port of Durban. Each of these companies, hereinafter referred to as the “Participants“, use the Facility to handle part of their respective imports and exports of refined petroleum products.

The Participants have appointed Cliffe Dekker Hofmeyr Inc. (“CDH“) to conduct a competitive tender process (“Selection Process“), for and on behalf of the Participants, for the appointment of a New Entrant, being the person that will be awarded the right to acquire a minimum 5% co-ownership interest in the Facility from the Participants. Such co-ownership interest will entitle the New Entrant to use the Facility to import and/or export refined petroleum products through Berth 6 in the Port of Durban.

EXPRESSIONS OF INTEREST
On behalf of the Participants, CDH invites all appropriately qualified persons (including consortia) interested in acquiring a co-ownership interest in the Facility to submit a response to this Request for Expressions of Interest (‘EOI”) for appointment as New Entrant. CDH will shortlist the applicants submitting EOI responses against objective criteria and only the shortlisted applicants (“Respondents“) will be eligible to participate in the subsequent phases of the Selection Process.

To be eligible for appointment as a Respondent, an applicant must send an email confirming the name, surname and email address of the applicant to [email protected]. The applicant will thereafter receive an email confirming login details to an internet based webpage which will contain a questionnaire and Confidentiality Agreement.
An applicant must submit a response to this EOI, which incorporates the duly completed and signed questionnaire and Confidentiality Agreement, each substantially in the form of the documentation posted on the webpage, together with appropriate supporting documentation attached to its EOI response, demonstrating that –
– it and/or its affiliates do not engage in importing refined petroleum products through any facilities at the Port of Durban;
– it is licensed under section 2B of the Petroleum Products Act, 1977 as a wholesaler;
– it is at least a level 4 contributor in terms of the Broad-based Black Economic Empowerment Act, 2003;
– it has paid a non-refundable administration fee of R1,000 (one thousand rand) to CDH into the following account:
o Nedbank Limited
o Account Number : 1979312176
o Branch code : 197905
o Reference : NEWENT

Completed Expression of Interest responses must be submitted in plain, sealed envelopes, clearly marked “REQUEST FOR EXPRESSIONS OF INTEREST: ACQUISITION OF A CO-OWNERSHIP INTEREST IN BERTH 6 LOADING FACILITY” and addressed to:

Cliffe Dekker Hofmeyr Inc
Attention: Mr. Deon Govender
1 Protea Place
Sandown, Sandton, 2196
South Africa

and must be received not later than by 14h00, 5 August 2011. The documents must be deposited into the box clearly marked “REQUEST FOR EXPRESSIONS OF INTEREST: ACQUISITION OF A CO-OWNERSHIP INTEREST IN BERTH 6 LOADING FACILITY” on the ground floor. Interested parties who wish to attend the opening of the envelopes containing the Expression of Interest responses are invited to attend the opening at 14h00 on 8 August 2011 at the same venue.

For further information on the first phase of the Selection Process, please contact:

Cliffe Dekker Hofmeyr Inc
Attention: Mr. Deon Govender

E-mail: [email protected]

The Participants reserve the right, in their sole discretion and without prior notice or assigning reasons therefor, to terminate the Selection Process. Any form of canvassing will lead to automatic disqualification.

Completion of the transaction is expected in the fourth quarter of 2011.