DECISIONS BY REGIONAL MANAGERS MAY BE UNLAWFUL

Author: Dr Matthew Burnell  We have recently come across decisions made by Regional Managers within the Department of Mineral Resources (“DMR”) in terms of sections 24P (Financial provision for remediation of environmental damage) and 28 (Duty of Care) of the… Read more

Mining Charter III: Certainty, but at what cost

Authors: Peter Leon, Patrick Leyden, Ernst Müller and Michelle Mudzviti The Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 (Mining Charter III or the Charter)1 came into force on Friday, 1 March 2019 - almost three years… Read more

WILL 2019 ELECTIONS SHAKE UP THE NIGERIAN ECONOMY?

Authors: Paula Hodges QC, Nina Bowyer, Martin Kavanagh and William Breeze What to do about the economy, corruption and oil are just some of the issues dividing Nigerian politicians and splitting voters in the presidential and national assembly elections this… Read more

AFRICAN NATIONS MUST RESIST SIREN SONG OF RESOURCE NATIONALISM

Author: Peter Leon, Co-Chair of Africa Practice Group  Countries that shun populist moves appear more attractive as commodity prices fall In South Africa, President Cyril Ramaphosa announced the ANC would amend the country’s constitution to allow land expropriation without compensation… Read more

LCIA-MIAC JOINT VENTURE AGREEMENT TERMINATED

Author: Vanessa Naish, Professional Support Consultant, London  The London Court of International Arbitration (the LCIA) and the Government of Mauritius have announced the termination of their joint venture which established the LCIA-MIAC Arbitration Centre. LCIA-MIAC was created in 2011 as… Read more

HEIGHTENED RISK? RESOURCE NATIONALISM ON THE RISE IN SUB-SAHARAN AFRICA

Author: Peter Leon,Co-Chair of Africa Practice Group   The seemingly increasing trend towards nationalist thinking, combined with and likely driven by growing economic inequality, has resulted in several changes in mining and tax legislation in sub-Saharan Africa countries. Herbert Smith Freehills Africa… Read more

THE DEMOCRATIC REPUBLIC OF CONGO’S REVISED MINING CODE

Authors: Peter Leon, Bertrand Montembault and Paul Morton INTRODUCTION  On 9 March 2018, President Joseph Kabila signed into law significant changes to the Democratic Republic of Congo’s (“DRC”) mining code (the “Revised Code”).1 The Revised Code, which amends the 2002… Read more

EXPROPRIATION OF LAND WITHOUT COMPENSATION

Authors: Peter Leon, Jonathan Ripley-Evans and Dr Matthew Burnell Following the South African Parliament’s decision to investigate expropriation of land without compensation, there has been a spike in land invasions across the country. Land owners and persons in control of… Read more