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

THE QUEST FOR A BALANCED HOST GOVERNMENT CONTRACT: AN MSGBC BASIN PERSPECTIVE

Author: Stephane Brabant and Etienne Marque  THE CHANGING LANDSCAPE OF THE OIL AND GAS SECTOR The recent discoveries in the MSGBC basin (covering Mauritania, Senegal, the Gambia, Guinea-Bissau and Guinea-Conakry) have triggered a great deal of hope for the upstream industry, the host States and their populations. Indeed, the development of these fields could potentially contribute … 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 ©Reuters The spectre of resource nationalism is again rearing its head across Africa, leading to … Read more

UPHEAVAL AND UNCERTAINTY IN MINERAL REGULATION IN PARTS OF AFRICA: RESURGENCE OF RESOURCE NATIONALISM HIGHLIGHTS THE IMPORTANCE OF INVESTMENT TREATY PROTECTIONS

Author: Peter Leon, Andrew Cannon, Iain Maxwell and Hannah Ambrose   The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of resource nationalism may be (re-)emerging. In this context it is important for companies associated with the mining sector to be … 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 Group co-chair and partner Peter Leon says the recent and significant changes to mining regulations … Read more