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Sand Hawks (Pty) Lt d and Another v Labonte 5 (Pty) Ltd and Others [2024] ZASCA 122 (16 August 2024)
Tshegofatso Matlou - Candidate Attorney In this decision the Supreme Court of Appeal ("SCA") was required to determine whether the Regional Manager ("RM") of the Department [...]
Section 54 – Still a Bar to the Commencement of Mining Activity?
On 5 December 2018, Werksmans published an article on the Constitutional Court Judgment: CCT 265/17 Maledu v Itereleng Bakgatla Mineral Resources ("the Maledu Judgment") which was [...]
Sub- contract agreements vs the letting of mining rights
It is the ordinary course of business for South African mining right holders ("MRH") to contract with third party service providers to carry out some, or [...]
Filling the gaps: examining the procedure to amend a Mining Right under the Mineral and Petroleum, Resources Development Act 28 of 2002.
A significant portion of the transactions that land on the desks of commercial mining attorneys in the Republic of South Africa ("South Africa") are related to [...]
Who owns the tailings generated from previous mining activities?
and Mmatshepo Papo, Candidate Attorney In the decision of Mpilo and Zen Holdings (Pty) Ltd v Centurion Mining Company (Pty) Ltd and Another[1] the High Court [...]
Does section 11 (1) of the MPRDA apply to an indirect change in control?
and Mmatshepo Papo - Candidate Attorney In the recent decision of Vantage Goldfields SA (Pty) Ltd & Another v Arqomanzi (Pty) Ltd & Others[1] (Vantage) the [...]
AI and protection of data in the mining industry
and Chiara Ferri, Candidate Attorney The mining industry in South Africa has embraced to digital transformation. Machine Learning, Big Data and Artificial Intelligence ("AI") are [...]
Think before issuing instructions to employees
In Association of Mineworkers and Construction workers Union obo Mkhonto & others [13 February 2023], the employees were charged with gross insubordination in that they [...]
What exactly are the duties and responsibilities of the mining right holder in the retrenchment process in the mining industry?
In Association of Mineworkers & Construction Union v Buffalo Coal Dundee (pty) Ltd & another ("Buffalo Coal"), the Labour Appeal Court ("the LAC") considered the [...]
Section 11 of the Mineral and Petroleum Resources Development Act
In terms of section 11(1) of the Mineral and Petroleum Resources Development Act 28 of 2002 ("MPRDA") - "A prospecting right or mining right or an [...]
The unrealised transformative potential of preferent community mining rights
and Siphamandla Dhlamini, Candidate Attorney The Mineral and Petroleum Resources Development Act No. 28 of 2002 ("MPRDA") was enacted with the express purpose of promoting equitable [...]
What is the relevance of s 52 of the MPRDA on retrenchments in terms of section 189 and 189A in the mining industry?
In National Union of Mineworkers v Anglo American Platinum Ltd & others (Amplats), on 15 January 2013, Amplats had issued a notice of intention to [...]
Mining terminology: the difference between “accepted”, “granted” “executed” and “registered”
Four of the most common words that one hears in conjunction with mining rights, prospecting rights are "accepted", "granted", "executed" and "registered". Despite regular use [...]
Mining for industries of the future
In his opening address at the Investing in African Mining Indaba 2023, the Minister of Mineral Resources and Energy, Mr Gwede Mantashe, said that South Africa [...]
Laws in the Pipeline – Curbing the Construction Mafia
Introduction The Critical Infrastructure Protection Act, 8 of 2019 ("CIPA") and the National Infrastructure Plan ("NIP"), to be gazetted under the National Infrastructure Development Act, 23 [...]
Shell judgment underscores need for clarity in public consultation
by Thomas Karberg, Associate. Reviewed by Athi Jara, Director On 1 September 2022, the Eastern Cape Judge President Selby Mbenenge handed down a landmark judgement which [...]
The Eastern Cape High Court Judgment that created seismic waves
by Kyra South, Senior Associate and Thembelihle Tshabalala, Candidate Attorney. Reviewed by Chris Stevens, Director and Head of Mining and Resources practice. The much-anticipated judgment of [...]
Illegal mining, the ‘zama zamas’ and the Law
Illegal mining is a critical challenge in the South African mining and minerals industry. The South African government previously recognised the potential of small scale mining [...]
Stronger Penalties Needed In Climate Change Bill
Earlier this year, the United Nations (UN) Intergovernmental Panel on Climate Change (IPCC) published its Sixth Assessment Report, also known as "AR6". The Guardian called AR6 [...]
Junior Mining Indaba 2022
The Junior Indaba took place on 1 and 2 June 2022 at the Johannesburg Country Club for junior miners. The discussions this year include a focus [...]
A new reality for illegal miners and the ‘zama zamas’?
Illegal mining challenge Illegal mining is a critical challenge in the South African mining and minerals industry. In response to this challenge and ahead of the [...]
