SOMALIA AND THE OWNERSHIP OF ITS OIL AND GAS

Authors: Rebecca Major, Jeremy Griffin and Mika Morissette Since the collapse of Somalia’s central state in 1991 and the ensuing decades of civil war, the central government’s ownership rights over Somalia’s oil and gas have been called into question, particularly in Somalia’s semi-autonomous regions. As set out below, the central government (the Federal Government of … Read more

DJIBOUTI BECOMES 163RD SIGNATORY OF THE ICSID CONVENTION

Authors: Andrew Cannon, Natalie Yarrow and Rebecca Warder  The Republic of Djibouti is the latest country to become a signatory to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention). Djibouti’s Minister of Economy and Finance, Ilyas Moussa Dawaleh, signed the ICSID Convention on 12 April … Read more

AFRICAN M&A: CAN THE DOWNTURN IN FORTUNES BE RE-ENERGISED?

Authors: Frédéric Bouvet, Rudolph du Plessis and Siddhartha Shukla Following a period of recent change for the worse in M&A (and PE exits) activity, due to political uncertainty and governance issues, can local strategy – combined with Africanising operations – and positive business sentiment improve the current state of affairs? Read more

PRIVATE PROSECUTION FOR ENVIRONMENTAL OFFENCES: UZANI ENVIRONMENTAL ADVOCACY CC V BP SOUTHERN AFRICA (PTY) LTD

Authors: Dr Matthew Burnell and Jonathan Ripley-Evans Prosecutions of environmental law transgressions are steadily increasing. In 2014, South Africa saw its first director sentenced (albeit by way of a suspended sentence) to imprisonment without the option of a fine1. Five years later, South Africa has now also seen the first successful private prosecution in the … Read more

DECISIONS BY REGIONAL MANAGERS WITHIN SOUTH AFRICA’S DEPARTMENT OF MINERAL RESOURCES MAY BE UNLAWFUL

Author: Dr Matthew Burnell  We have recently come across decisions made by Regional Managers within South Africa’s Department of Mineral Resources (“DMR”) in terms of sections 24P (Financial provision for remediation of environmental damage) and 28 (Duty of Care) of the National Environmental Management Act (“NEMA”). The Regional Manager does not have the requisite authority … Read more

THE REVISED LEGAL FRAMEWORK FOR THE UPSTREAM OIL & GAS INDUSTRY IN SENEGAL

Authors: Stéphane Brabant, Bertrand Montembault, Paul Morton and Etienne Marque INTRODUCTION  Senegal has been at the forefront of the emergence of the MSGBC basin (covering Mauritania, Senegal, the Gambia, Guinea-Bissau and Guinea-Conakry) in the global upstream industry. Accordingly, the new revision to the country’s petroleum legislation has been expected with anticipation. On 1 February 2019, … Read more

SOUTH AFRICA’S MINING CHARTER III; CERTAINTY 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 after the publication of the first draft.2 This brought to a close nearly three years … Read more