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Legal Services
Mines required to provide suitable housing for mineworkers
31st January 2020 Surface mining industry body Aggregate and Sand Producers Association of South Africa (Aspasa) has called for further engagement with the Department of Mineral Resources and Energy (DMRE) following last year’s release of the Draft Review of Housing and Living Conditions Standard, which requires... →
Defunct mines prompt government to address mine closure
By: Khutso Maphatsoe 31st January 2020 Of the numerous mines in South Africa that have closed down, those which are now ownerless have become the responsibility of the State. This means that the State is responsible for the environmental- and other closure- related liabilities, says law firm Eversheds Sutherland Mining and... →
The State is responsible for the environmental- and other closure- related liabilities for ownerless mines
Minister publishes Draft Mine Community Resettlement Guidelines 2019
31st January 2020 Mineral Resources and Energy Minister Gwede Mantashe published the 2019 Draft Mine Community Resettlement Guidelines (Draft Resettlement Guidelines) for public comment on December 4. As the public comment period ran over the festive season, the closing date for submission of written... →
Resettlement guidelines aim to instil formal processes, consistency
By: Khutso Maphatsoe 31st January 2020 Companies and industry stakeholders have until January 31, 2020, to submit commentary on the Draft Mine Community Resettlement Guidelines (Draft Resettlement Guidelines), which were published for public comment on December 4, 2019, by Mineral Resources and Energy Minister Gwede Mantashe. While... →
REDRESS FOR COMMUNITIES The guidelines outline the processes that must be adhere to, if the mining right results in physical resettlement of landowners, holders of informal and communal land rights, and other affected parties
Increased regulatory certainty bolsters direct foreign investment
By: Paige Müller 1st February 2019 African law firm ENSafrica states that there has been a concerted effort to reintroduce legal certainty into South Africa’s mining and minerals industries in the hopes that a stable legislative and regulatory regime will boost foreign direct investment into these critical industries. Mining is a... →
High Court judgment alters face of mining rights
By: Paige Müller 1st February 2019 The Pretoria High Court ruling handed down on the Baleni and Others v Minister of Mineral Resources and Others case on November 22 last year, is likely to impact significantly on the future distribution of mining rights in South Africa, states international business law and litigation firm... →
Uncertainty set to continue until new legislation becomes practice
By: Paige Müller 1st February 2019 The local regulatory environment governing the mining and minerals sectors has improved significantly over the past year; however, international business and industry law firm Allen & Overy (South Africa) expect industry uncertainty to persist until the new legislative and regulatory ammendements... →
Charter still face legal hurdles
By: Paige Müller 1st February 2019 Amid concerns regarding the uncertain future of the South African mining industry, South African corporate and commercial law firm Werkmans Attorneys, has welcomed the publication of Mining Charter III, the Amendment thereto and the Implementation Guidelines on the basis that they bring some... →
Mining Charter must ensure radical transformation, inclusive growth
By: Marleny Arnoldi 23rd March 2018 In light of the Mining Charter III currently under review by the Department of Mineral Resources (DMR) and various stakeholders including mining houses, Siyakhula Sonke Empowerment Corporation Advisory (SSC Advisory) believes an ideal outcome would be for the charter to focus on radical... →
SOCIAL ENGAGEMENT Community problems cannot be solved by a one-size-fits-all, blanket approach – every mine and community is unique
Chilean mining policy championed for South Africa
23rd March 2018 Chile, the world’s leading copper producer, serves as a good example of mining policy for South Africa to emulate, postulates research and policy organisation the South African Institute of Race Relations (IRR). →
Company starts offering advisory services
By: Marleny Arnoldi 23rd March 2018 Following the realisation that their mining clients often need advisory services with regard to technical or operational issues at a cost-effective rate, mining services and solutions provider Dickinson Group began offering advisory services to the industry in November. →
Advisory firm recommends inclusive economic growth to facilitate transformation
By: Marleny Arnoldi 23rd March 2018 International investment in the South African mining industry remains a key factor in the development of the country’s mineral resources. Consequently, one of the challenges in the proposed amendments to the mining charter scorecard relates to the ownership structures and the limited capacity of... →
Mining Charter will achieve only ‘narrow transformation’
By: Tasneem Bulbulia 2nd February 2018 The third iteration of the Mining Charter, which is set for court review this month, is “destructive, and should be repealed in its entirety” as it will lead to only “narrow transformation”, says research and policy organisation South African Institute of Race Relations (IRR) policy fellow John... →
BLEAK PROSPECTS It is predicted that the Mining Charter will negatively affect the industry and will result in fewer applicants for mining rights and prospecting rights
Institute emphasises empowerment alternative
By: Tasneem Bulbulia 2nd February 2018 Government’s predilection for black economic empowerment (BEE) policies, which will be intensified should the new Mining Charter be implemented, will never achieve proper empowerment and transformation in the mining industry, posits research and policy organisation South African Institute of Race... →
ALTERNATIVE POLICY An Economic Empowerment for the Disadvantaged policy would assist South Africans currently hampered by poor schooling, bad housing and a failing healthcare system
Amendment Bill in limbo, but processes crucial
By: Sascha Solomons 3rd February 2017 While stakeholders are waiting for the Mineral and Petroleum Resources Development Act (MPRDA) Amendment Bill to pass into law, it is important to not only comply with the current version of the MPRDA, but also to take into account the proposed amendments, comments Hogan Lovells partner and head... →
Mining Charter ‘merely draft’ – law firm
By: Sascha Solomons 3rd February 2017 Much controversy surrounds the April 2016 publication of the draft reviewed Mining Charter, but law firm Werksmans Attorneys reminds concerned stakeholders that it is still “merely in draft form”. Extensive comments were furnished from various industry stakeholders after the publication of the... →
Proposed MPRDA amendments lack clarity
By: Nadine James 29th January 2016 While the proposed amendments to the Mineral and Petroleum Resources Development Act (MPRDA) contain positive aspects, in a broader sense, they are flawed, particularly in terms of the applications and appeals processes regarding mining rights, says Hogan Lovells partner and head of mining Warren... →
Mining needs critical legal regulatory matters resolved
29th January 2016 There will be many critical legal and regulatory issues facing the mining industry in 2016, says Chamber of Mines (CoM) legal head Lerato Legong. He claims that “one of the most important is going to be the review of the Mining Charter, which will likely lead to the development of the third... →
MOSEBEZI ZWANE The Chamber of Mines expects that the Mineral Resources Minister and his department will deal with a number of regulatory issues in the coming year
Mine health, safety amendment still not effective
By: Nadine James 29th January 2016 Two of the additional regulations pertaining to the operation of diesel-powered trackless mobile machinery (TMM) on mines – which were published in February 2015 – remain inoperable, as the Department of Mineral Resources (DMR) has yet to stipulate a date when the specific obligations come into... →
AVERTING COLLISIONS Several of the new regulations regarding Trackless Mobile Machinery are meant to prevent or reduce collisions
Delayed MPRDA Amendment Bill unfavourable
By: Nadine James 29th January 2016 It is more than a year since the Mineral and Petroleum Resources Development Act (MPRDA) Amendment Bill was referred back to Parliament by President Jacob Zuma for reconsideration. According to the latest available public record, more parliamentary committee meetings to reconsider the Amendment... →
Crucial decision needed on empowerment levels
By: Nadine James 29th January 2016 An urgent court judgment needs to be made to determine the empowerment levels in South Africa’s mining industry, as this will most likely impact on the future alignment between the Department of Trade and Industry (DTI) codes and the Mining Charter, stresses Cliffe Dekker Hofmeyr director of... →
Proper management key to unlocking mining growth
By: Jonathan Rodin 30th January 2015 Despite the projected economic, legal and labour-related challenges that the South African mining industry will face this year, there is significant opportunity for growth and development, with an opportunity for government to try to mitigate these challenges, believes multinational law firm... →
MPRDA approval delay positive for industry
By: Jonathan Rodin 30th January 2015 The proposed amendments to the Mineral and Petroleum Resources Development Act (MPRDA) being put on hold by Mineral Resources Minister Ngoako Ramatlhodi is a positive move for the South African mining industry, says International law firm Hogan Lovells partner and head of mining Warren Beech. He... →
Departments set to align BBBEE business practice regulations
By: Jonathan Rodin 30th January 2015 The Mining Charter is set to align with the Department of Trade and Industry’s Codes of Good Practice amendments, which come into effect on May 1, says law firm Fasken Martineau partner Paul Fouche. He says the alignment is inevitable, as a clause has now been included in the amended BBBEE Act,... →
Exval Hydraulics
30th January 2015 Established in 2012 Exval Hydraulics prides itself on being aligned with some of the world leaders in fluid technology. Exval, which is owned by Gareth Bown, has more than 20 years experience in the general hydraulic industry servicing most sectors, and represents Hydac Technologies’ complete... →
Mine dumps in South Africa cause ownership dilemma
By: Jonathan Rodin 31st January 2014 Commercial law firm Cliffe Dekker Hofmeyr director Jackwell Feris has welcomed the further proposed amendments to the Mineral and Petroleum Resources Development Act (MPRDA), relating to historic residue stockpiles released by the parliamentary portfolio committee during November 2013, pursuant... →
Staffing services provider launches labour law app
By: Jonathan Rodin 31st January 2014 Staffing, human capital management and business process outsourcing services provider Adcorp has launched its new labour law interactive website application (app), re-Act, which, using surveys, assesses a company’s understanding of the most important aspects of the country’s recently amended... →
Uncertainties in internal administration affecting mining industry
By: Zandile Mavuso 1st February 2013 The instabilities and uncertainties of the last few months in South Africa’s mining sector have threatened to affect investment in the mining industry and, with the Draft Mineral and Petroleum Resources Development Amendment Bill published in December last year for comment, Werksmans Attorneys... →
Draft MPRDA Amendment Bill shifts regulatory responsibility from Parliament to Minister
By: Zandile Mavuso 1st February 2013 After South Africa became a democracy in 1994, government’s first mission was to create policies that would promote socioeconomic growth and develop the mineral sector. →
Ownership overemphasis problematic
By: Zandile Mavuso 1st February 2013 Although the mineral regulatory regime and black economic-empowerment (BEE) policies have the empowerment of mine workers and communities among their aims, they have largely led to the enrichment of a well-connected few. →
Draft amended law would hamper mining sector
By: Zandile Mavuso 25th January 2013 South Africa’s mineral resources sector is critically important for the country’s economy, as the mining and quarrying industry alone was responsible for R70-billion in nominal value added to gross domestic product (GDP) in the third quarter of 2012. →
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