Rio Tinto’s Serbian saga offers a lesson in critical minerals

The failure of the Jadar Project in Serbia should be viewed as an opportunity for all role-players to recalibrate their processes in line with ESG principles. The northern hemisphere’s summer of 2022 will be remembered as one of the hottest in recorded history. For example, Nasa reported that June was one of the hottest Junes on record. … Read more

DRC Mining Week

Herbert Smith Freehills is a sponsor of DRC Mining Week taking place in Lubumbashi, Democratic Republic of Congo, on 1-3 June 2022. Paris-based Partner Bertrand Montembault will moderate a panel which will discuss Battery Minerals: is DRC ready to harness the Green Transition? Further details of the event can be found here. Read more

Green energy transition presents ‘unparalleled’ opportunity for Zambia

The green energy transition presents an “unparalleled” opportunity for Zambia, but for it to work, the mining sector needs a fair, predictable and stable regulatory framework, law firm Herbert Smith Freehills partner and Africa co-chair Peter Leon said during an address at the Chatham House Conference, in Lusaka, Zambia, on March 30. The administration of … Read more

CEMAC authorities issue special foreign exchange regulations for extractive companies

Following a period of three years punctuated by discussions and moratoria on the enforcement of CEMAC Regulation No. 02/18/CEMAC/UMAC/CM relating to foreign exchange (the “2018 Regulation”), extractive companies with activities in the CEMAC area may finally see some light at the end of the tunnel thanks to two new CEMAC foreign exchange regulations specifically designed … Read more

Local Content Policies and their value on the African Continent

Earlier this year, Peter Leon joined Sheila Khama as a guest on her Extractives Podcast series. In this episode, Peter and Sheila take a deep dive into the issue of Resource Nationalism. In particular, they reflect on local content policies and its effect on the African and Latin American mining sectors as well as investment … Read more

PATRICK LEYDEN WINS CLIENT CHOICE AWARD FOR THE SECOND CONSECUTIVE YEAR

Patrick Leyden, a partner in Herbert Smith Freehills’ Johannesburg office, is the winner of Lexology’s 2021 Client Choice Award for Energy & Natural Resources in South Africa, an award he also won in 2020. Patrick, a corporate lawyer, practises across a number of industry sectors but specialises in mining and energy in Sub-Saharan Africa. His … Read more

Key consequences of the Gauteng High Court’s decision in Minerals Council of South Africa v The Minister of Mineral Resources and Energy and Thirteen Others (Case No. 20341/19)

Summary On 21 September 2021, a full bench of the Gauteng High Court delivered a unanimous and strong judgment declaring that the Broad-based Socio-economic Empowerment Charter for the Mining and Metals Industry, 2018 (Mining Charter III or the Charter) is simply policy and not legislation or subordinate legislation – as long contended by the Department … Read more

Key consequences of the Gauteng Division of the High Court’s decision in Minerals Council of South Africa v The Minister of Mineral Resources and Energy and Thirteen Others (Case No. 20341/19) (Mining Charter III Judgment)

On 21 September 2021 a full bench of the Gauteng Division of the High Court delivered a unanimous and damning judgment declaring that the Broad-based Socio-economic Empowerment Charter for the Mining and Metals Industry, 2018 (Mining Charter III or the Charter) is simply policy and not legislation or subordinate legislation as long contended by the … Read more

Legal developments in the energy and mining sectors in Francophone Africa

Our Paris-based partner Mathias Dantin has contributed to the International Energy and Natural Resources Law chapter of The Year in Review 2021, an annual survey of the law from around the world published by the American Bar Association (ABA), by writing on recent legal developments in the energy and mining sectors in each of Algeria, … Read more