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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... 

High Court judgment alters face of mining rights
GODFREY MALESA The Interim Protection of Informal Land Rights Act requires the informed consent of a community that has informal rights in land before the community may be deprived of such rights

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... 

Uncertainty set to continue until new legislation becomes practice
GERHARD RUDOLPH The consultative process and finalisation of Mining Charter III have introduced some degree of certainty into the sector

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... 

Charter still face legal hurdles
UNCERTAIN OUTCOME Mining Charter III could be considered ultra vires, or exceeding the Minister’s authority

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... 

Mining Charter must ensure radical transformation, inclusive growth
Photo by Bloomberg
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).  

Chilean mining  policy championed  for South Africa
CHILLED OUT Chile, the world’s leading copper producer, boasts a thriving mining industry, positioning it as prime example of good mining policy

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.  

Company starts offering advisory services
ADVISORY ADDED Dickinson Group provides refractory and a range of smelter services to the mining industry, as well as advisory, aimed at improving efficiencies

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... 

Mining Charter will achieve  only ‘narrow transformation’
Photo by Duane Daws
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... 

Institute emphasises  empowerment alternative
Photo by Duane Daws
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... 

Amendment Bill in limbo, but processes crucial
WARREN BEECH Renewed consultation might eliminate some of the concerns on the Mineral and Petroleum Resources Development Act Amendment Bill

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... 

Mining Charter ‘merely draft’ – law firm
CHRIS STEVENS The real-world implications of the revised charter will be fairly substantial for mining companies if it is published in the form in which it was published for comment in April 2016

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... 

Proposed MPRDA amendments lack clarity
WARREN BEECH The amendments pertaining to appeals will adversely impact mining right applicants in terms of starting the process of securing operations funding and their contractual obligations

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... 

Mining needs critical legal regulatory matters resolved
Photo by Bloomberg
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... 

Mine health, safety amendment still not effective
Photo by Bloomberg
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... 

Delayed MPRDA Amendment Bill unfavourable

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... 

Crucial decision needed on empowerment levels
ALLAN REID Aligning the Mining Charter with the Department of Trade and Industry codes will be challenging, regardless of the Department of Mineral Resources' 12-month extension

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... 

Proper management key to unlocking mining growth
KEVIN CRON Norton Rose Fulbright is expecting some activity in the next 12 to 18 months, where companies will look to replace existing BEE structures with “something new”

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... 

MPRDA approval delay positive for industry
WARREN BEECH The Minister will have to implement certain changes to settle perceptions about the uncertainty and volatility

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,... 

Departments set to  align BBBEE business  practice regulations
PAUL FOUCHE 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... 

Exval Hydraulics

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. 

Mining legislation and concerns to be tackled this year

By: Reggie Sikhakhane     3rd February 2012 The outcome of the public hearings held by the Parliamentary portfolio committee on mineral resources as part of its review of the 2010 Mining Charter, as well as the Mineral and Petroleum Resources Development amendment Bill, currently scheduled to be published in 2012 (the MPRDA amendment Bill)... 

Implementation of mining legislation a concern

By: Reggie Sikhakhane     3rd February 2012 Although South Africa’s mining legislation is among the highest regarded on the continent, regulatory overlapping that needs to be addressed to increase investment in the sector, law firm Eversheds head of mining Debbie Ntombela tells Mining Weekly.  

Noncompliance with SA legislation could result in liabilities for mining houses

By: Reggie Sikhakhane     3rd February 2012 South Africa’s mining industry continues to experience challenges posed by the plethora of legislation at national, provincial and local levels, and faces potential costly consequences for noncompliance, says legal firm Norton Rose environmental law specialist Tina Costas.  

Engagement with govt key for green policy

By: Jessica Hannah     11th February 2011 It is critical for mining companies and other industries to engage with government on the National Climate Change Response Green Paper, which was released in November 2010, while they are still able to, reports global consulting firm Deloitte. 

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