Mining & Resources Lawyers

Mining & resources lawyers will attest to the fact that few industries have changed as dramatically as South Africa’s mining and energy sector. Once dominated by a handful of private mining companies, the sector has seen private ownership of mineral rights converted to state custodianship, a new order licensing regime and black economic empowerment obligations imposed on local and foreign players. The Mineral and Petroleum Resources  Development Act 28 of 2002 (MPRDA) that came into effect on 1 May 2004 has necessitated fundamental changes in the way mining companies operate in relation to ownership structures and the acquisition of rights to prospect and mine.

The evolving regulatory landscape

The evolving regulatory landscape (including the Mining  Charter, as amended, and the Codes of Good Practice for the Mineral Industry) has led to a growing number of administrative disputes over the granting of prospecting and mining rights. In addition, mining companies are subject to increasingly stringent environmental regulation, particularly around waste management and rehabilitation of the surface of the earth disturbed during prospecting and mining.

With a well-established international network, our mining & resources lawyers come with extensive experience in structuring mining transactions to meet legislative and regulatory requirements, including the impact of the Mineral and Petroleum Resources Royalty Act. Mining clients include North American, European and Australian companies, as well as some of the major  South African mining houses and empowerment mining companies. 

Our services include advising on the MPRDA,  Mining Charter and Codes of Good Practice; black economic empowerment legislation and regulation; mergers & acquisitions; environmental law (including waste management); mine health and safety; Joint Venture and Pooling and Sharing agreements; mining and prospecting statutory and regulatory compliance; and processing and off-take agreements. We also advise on matters in the mining and energy sector relating to banking and finance; litigation, arbitration and dispute resolution; internal appeals; and due diligence exercises.

Our Mining team has achieved the below rankings:

  • Legal500: Tier 2
  • IFLR1000: Tier 2
  • Chambers Global: Band 2