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

SA Lawyer recognised globally for driving gender equality, diversity

Herbert Smith Freehills South Africa lawyer, Plaxedes Makura, has been recognised for the fourth consecutive year for her contribution to progressing gender equality and diversity on the HERoes Female Future Leaders list. Makura is a manager in the firm’s Alternative Legal Services (ALT) team, based in its Johannesburg office. Announced in London on 9 September, … Read more


The regional competition authority for the Common Market for Eastern and Southern Africa (COMESA), the COMESA Competition Commission (CCC), imposed its first merger-related fine on 3 September 2021. The fine was imposed in respect of the proposed acquisition by Helios Towers Limited (Helios Towers) of the shares in Madagascar Towers S.A. and Malawi Towers Limited, … Read more

Africa’s journey to COP26: The state of play on the continent’s road to meeting its climate obligations

To what extent have South Africa, Kenya, the Democratic Republic of Congo, Angola, Gambia and Ghana developed and implemented responses to Paris Agreement undertakings? This sample of countries provides some insight into sub-Saharan Africa’s past performance and current policies, and is a starting point for discussion about what the world could and should expect from … Read more


Herbert Smith Freehills has been named Project Finance Team of the Year at the IFLR Africa Awards 2021.   The firm also received recognition for its work on the Beitbridge border post modernisation project, which was named Project Finance Deal of the Year. The Beitbridge project involves the expansion, upgrading and rehabilitation of the Zimbabwean … Read more

ESG Tracker SADC Region August 2021

There are so many ESG-related publications and developments that it is hard to keep abreast of them all. For this reason, HSF is now publishing a monthly tracker of ESG-related publications and developments. The primary focus of the tracker is on developments that may be of most interest to or which are likely to impact … Read more

Incapacity due to ill-health – how to manage long COVID in the workplace

Discovery Health’s Head of the Centre for Clinical Excellence, Doctor Noluthando Nematswerani, said “Long COVID affects every aspect of life, it affects one’s mental health and one’s ability to focus and work, and could have economic consequences too. This is why it’s so important that we acknowledge the prevalence and growing awareness around Long COVID.” … Read more

Mandatory vaccinations: Can employees be dismissed for declining a jab?

On 2 September 2021, it was reported that Discovery, South Africa’s largest medical scheme administrator, will make COVID-19 vaccinations compulsory from the start of 2022. The report notes that the mandatory vaccination policy recognises an employee’s right to object to the vaccination and will include a process to consider the employee’s health, religious and other … Read more

Whistleblowers: How do we guard the guardians?

In a letter to fellow South Africans on 30 August 2021, President Cyril Ramaphosa described whistle-blowers as “important guardians of our democracy.” The President also said “While numerous systems are in place to enable whistle-blowers to report wrongdoing anonymously, we need to tighten up existing systems and provide greater support to those who publicly come … Read more