Mining in South Africa

ENSafrica

At ENSafrica, Ntsiki Adonisi-Kgame leads the firm’s natural resources and environmental practice, and covers all areas of mining law. Pieter Colyn heads the mining and occupational health and safety department; the combined practices assist across a broad range of contentious and non-contentious mining matters. Adonisi-Kgame has established experience in advising on mining M&A, environmental issues and dispute resolution in the mining industry, and Colyn has an excellent track record in handling work concerning high-profile safety incidents in the sector. In addition to his role as firm COO, Otsile Matlou is well known for assisting throughout the life cycle of a mine, from exploration to decommissioning. Celeste Coles, Willem le Roux  and Warren Hendricks are further key practitioners to note.

Practice head(s):

Ntsiki Adonisi-Kgame; Pieter Colyn


Other key lawyers:

Otsile Matlou; Celeste Coles; Warren Hendricks


Testimonials

‘They are an incredibly knowledgeable team. Always available to assist with quick turnaround times. The team is very diverse.’

‘Ntsiki Adonisi – very sharp and charming attorney with great people skills. Highly knowledgeable with a great aptitude for delivering products in a timely manner.’

Key clients

Red Rocket South Africa (Pty) Ltd


Engie Southern Africa (Pty) Ltd


Marula Energy


World Bank Group


African Legal Support Facility


Umsobomvu (Pty) Ltd.


Webber Wentzel

Jonathan Veeran and department deputy Rita Spalding lead Webber Wentzel’s prominent mining practice, which is well versed in handling instructions across the whole lifecycle of mining matters. Veeran has a solid track record in assisting with mining regulatory issues and structuring related transactions, and Spalding has experience in advising on restructurings and M&A work in the mining industry. Giada Masina has expertise in assisting with high-profile mining transactions. Bruce Dickinson, Kate Collier and consultant Manus Booysen are further key figures in the group.

Practice head(s):

Jonathan Veeran; Rita Spalding


Other key lawyers:

Bruce Dickinson; Giada Masina; Kate Collier; Manus Booysen


Testimonials

‘The team provides proper advice.’

‘They have a democratic approach and provide explanations in layman’s terms where needed.’

‘Giada Masina is smart, hardworking and a thoughtful, careful lawyer who thinks a problem through before proposing solutions.’

Key clients

African Metals Management Services Limited


Africoal


Afrimat


Anglo American


Assore


Bauba Resources


Bushveld Minerals


Exxaro Resources


Fraser Alexander


Glencore


Gold Fields


Harmony Gold


Impala Platinum


Ivanplats


Khoemacau Copper Mining


Northam Platinum


Ndalamo Resources


Palabora Copper


Rio Tinto


Royal Bafokeng Platinum


SAIL Group


Sasol Mining


SepFluor


Sibanye-Stillwater


Siyanda Resources


TGME


Tshipi é Ntle Manganese Mining


Universal Coal


Vedanta Resources


Vergenoeg


Work highlights


  • Providing ongoing assistance to African Metals Management Services Limited and Southern African Metals & Minerals Limited on the sale of their respective interests in Amzim Minerals Limited and African Minerals Limited (and an indirect 74% interest in Bikita Minerals (Private) Limited) for US$180million.
  • Advising Triple Flag International on providing US$80m to Prieska Copper Zinc Mine (a majority owned subsidiary of Orion Minerals), in exchange for an agreement for the purchase and sale of gold and silver relating to mining rights held by PCZM.
  • Advising Northam on the acceleration and wind-up of the empowerment transaction concluded between Northam and Zambezi Platinum (RF) Limited (Zambezi), involving an offer by Northam to acquire all of the preference shares issued by Zambezi on the JSE; the acquisition by Northam Platinum Holdings Limited (Northam Holdings) of all the shares in Northam listed on the JSE; and a new extended empowerment transaction up to 26.5%, with an emphasis on participation from the client’s employees.

Beech Veltman Inc

The mining and natural resources practice at Beech Veltman Inc is well-known for its track record in advising on health and safety issues within the mining industry, and is noted for handling matters involving fatal mining accidents. Department head and firm CEO Warren Beech specialises in mining law, and advises on environmental matters, regulatory issues, and mining transactions. Nicholas Veltman stands out for handling health and safety investigations. Eben van Zyl is a key name for mining disputes, and Bryan White assists with compliance matters, commercial agreements in the industry, and employment disputes.

Practice head(s):

Warren Beech


Other key lawyers:

Nicholas Veltman; Eben van Zyl; Bryan White


Key clients

Royal Bafokeng Platinum Mines


Samancor Chrome Limited


ENRC Manganese Holdings Limited


Vantage Goldfields South Africa (Pty) Ltd


Postmasburg Solar PV Energy Facility 2 Proprietary Limited


Centurion Mining Company (Pty) Ltd


Astron Energy Proprietary Limited (previously Chevron South Africa)


Aveng Africa Proprietary Limited Shafts and Underground Division


Seriti Resources Proprietary Limited


BME (a division of Omnia Group Limited)


Makonjwaan Imperial Mining Company (Pty) Ltd


Wesizwe Platinum Mining Limited / Bakubung Platinum Mine


Siyanda Bakgatla Platinum Mine (Pty) Ltd


SASOL Mining (Pty) Ltd


Work highlights


  • Acting for Astron Energy in multiple investigations arising from an explosion and deflagration incident at the client’s refinery in Cape Town, resulting in the deaths of two employees and injuries to seven others.

Bowmans

At Bowmans, the team fields particular expertise in handling mining-related corporate and M&A mandates for large mining companies, financial services entities and technology clients. The practice is also highly regarded for its capabilities in handling employment disputes, financial matters and environmental work, and the group reports an uptick in instructions focusing on regulatory issues. M&A expert Charles Young leads the department, and Wandisile Mandlana is a key name for assisting mining houses and suppliers in the industry with mining titles, disputes concerning mineral rights, and environment impact matters. Claire Tucker handles a wide spectrum of mining law matters, and is noted for her strength in regulatory work.

Practice head(s):

Charles Young


Other key lawyers:

Wandisile Mandlana; Claire Tucker


Testimonials

‘Charles Young is excellent and should be recognised as one of the leading mining lawyers in South Africa.’

Very experienced, skillful and professional team. They make sure that they know and understand their client.’

Key clients

African Rainbow Minerals Limited


Anglo American


AngloGold Ashanti


Assmang


Barrick Gold


Caledonia Mining


Harmony Gold9


Ivanhoe Mines


Lanxess Deutschland GmbH, Lanxess Proprietary Limited


Merafe Resources Limited


Minerals Counsel of South Africa


Northam Platinum Limited


Orion Mine Finance, Orion Resources Partners


Richards Bay Titanium Proprietary Limited


Rio Tinto


Royal Bafokeng Platinum Limited


Sibanye-Stillwater


Seriti Resources


South 32


Trafigura PTE Limited


Vendanta Resources plc, Black Mountain Mining


Work highlights


  • Advising Royal Bafokeng Platinum Limited on a contested bid for its control by Impala Platinum Limited (Impala) and Northam Platinum Limited (Northam).
  • Represented various industry representative bodies, as well as a number of key mining manufacturing clients, in a direct application to the Constitutional Court to challenge the amendment to the definition of “waste” and related provisions in the National Environmental Management Waste Act 59 of 2008 (Waste Act). The amendments are contained in the National Environmental Management Laws Amendment Act 2 of 2022.

Cliffe Dekker Hofmeyr

Cliffe Dekker Hofmeyr’s mining and minerals practice ‘has a deep talent pool‘ with a ‘qualified, attentive and efficient‘ team. Department head Allan Reid ‘has many years of experience and is well respected in the mining industry.’ Vivien Chaplin has a strong reputation for assisting clients in the manganese and aluminium mining space with supply and offtake agreements - she also advises on regulatory issues. Burton Meyer is a key name for contentious matters. Ian Hayes, Fiona Leppan, and Rachel Kelly are key figures in the department.

Practice head(s):

Allan Reid


Other key lawyers:

Ian Hayes; Vivien Chaplin; Fiona Leppan; Burton Meyer; Rachel Kelly


Testimonials

‘Allan Reid is an expert in his field and has extensive knowledge of multiple different aspects or branches of law. His advice has always been solid, his service delivery has been consistent, and there is a strong relationship built on trust.’

‘The team works collaboratively with its clients and is always willing to support and assist. The team always makes itself available and is professional as well as quick to provide feedback.’

‘Vivien Chaplin and Rachel Kelly are exceptional.’

Key clients

Waterberg JV Resources


Seriti Power


South32 (which includes Samancor Manganese Hotazel Manganese Mines and Hillside Aluminium)


ABSA Property Development


Platinum Group Metals


Sibanye Stillwater


Samancor Chrome


Harmony Gold


Kumba Iron Ore


Anglo American


Anglo Gold


Rustenburg Platinum Mines


ArcelorMittal


CAPM African Precious Metals


BHP Billiton South Africa


Jagersfontein Developments


Rooipoort Developments


Foskor


Glencore Operations South Africa


Village Main Reef


Rio Tinto


Tshiamiso Trust


Thungela Resources


African Rainbow Minerals


Rustenburg Platinum Mines


Bokoni Platinum Mines


Herbert Smith Freehills South Africa LLP

Patrick Leyden heads Herbert Smith Freehills South Africa LLP’s mining team, which advises on a broad range of transactional and contentious work in the industry. The client base includes government departments, international and local companies and non-profit organisations. Leyden is sought after for his expertise in advising on cross-border M&A in the mining space. Ernst Muller brings experience in assisting multinational mining companies with ESG matters. Peter Leon is now based in the London office, and acts as the firm’s global chair of its Africa group.

Practice head(s):

Patrick Leyden


Other key lawyers:

Ernst Muller


Key clients

Natal Portland Cement Company (Proprietary) Limited


Anglo American Plc


Harmony Gold Mining Company Limited


China Molybdenum Company Limited (CMOC)


CIMIC Group Limited


POSCO


Pala Investment Limited


Green Hydrogen Organisation |International Lawyers Project (pro bono)


Thiess (Proprietary) Limited


Norton Rose Fulbright

Norton Rose Fulbright‘s mining group garners praise for its ‘availability and competency‘. The team’s workload includes project finance matters, corporate finance, acquisitions and regulatory issues. Michael Dale regularly acts for prominent international and local mining houses in mandates, and is equally adept at assisting clients from the construction and upstream petroleum industries with mining-related work. Dale co-leads the practice with M&A expert Christina Pretorius. Andre Vos is a key name for mining litigation, and Andrea Cabanac brings experience in compliance matters in the sector.

Practice head(s):

Michael Dale; Christina Pretorius


Other key lawyers:

Andrea Cabanac; Andre Vos


Key clients

Sandvik


Sibanye Gold Limited


Glencore South Africa


Minerals Council South Africa


Impala Platinum


Dialstat


Kumba Iron Ore


Nedbank Limited (acting through its Nedbank Corporate and Investment)


Société Generale


Work highlights


  • Advised Sandvik AB on the acquisition of the mining related business of Schenck Process Group.
  • Representing Impala Platinum Limited in disputes arising from the allocation of procurement contracts.

Werksmans Attorneys

At Werksmans Attorneys, the mining practice has been kept busy advising on transactions, disposals, dispute resolution and environmental matters. Department head Chris Stevens has established strength in advising on mining title registrations and transactional work. Kyra South assists local and international mining companies with a broad range of matters. Natalie Scott is also a key practitioner to note.

Practice head(s):

Chris Stevens


Other key lawyers:

Natalie Scott; Kyra South


Key clients

Anglo American


Thungela Resources


Seriti Power


ArcelorMittal


Assmang


Goldfields


Petra Diamonds


Glencore


Nkwe Platinum


Sebilo Resources


Samancor Manganese


Ndalamo Resources


Into Africa


Tronox


Bauba Platinum


Work highlights


  • Advised Thungela Operations Proprietary Limited on two disposals of portions of its coal collieries to third parties.
  • Represented Goldfields in litigation against Sibanye in relation to the closure of the Cooke 4 shaft next to the South Deep Mine.

White & Case LLP

White & Case LLP’s practice is co-led by Gary Felthun and Lloyd Christie; their team assists a client base of financial institutions and prominent mining houses with all aspects of mining work, including regulatory issues, acquisitions, project developments and dispute resolution. Christie is well known for his expertise in environmental law, and regularly acts for regulators and government agencies in mandates. Felthun has an excellent reputation for advising on large mining transactions, with noted strength in mining M&A.

Practice head(s):

Gary Felthun; Lloyd Christie


Key clients

AHG Metals Group


Anglo American plc


Black Royalty Minerals (Pty) Ltd


Buffelsfontein Gold Mine (Pty) Ltd


Eco-bat Technologies


Glencore plc


Harmony Gold Mining Company Limited, Harmony (Freegold) (Pty) Ltd and Avgold Limited


Ivanhoe Mines Ltd – Platreef


Kelltech Limited


Kopanang Gold Mining Company Limited


MC Mining Limited


Nedbank Limited


Sedibelo Platinum Mines Limited


Taiyuan Iron and Steel Co., Ltd.


Tau Lekoa Gold Mining Co (Pty) Ltd


TerraCom Limited


Tharisa Minerals


Village Main Reef and its parent company, Heaven Sent Gold Processing Company Proprietary Limited


Evraz Highveld Steel and Vanadium Limited


African Rainbow Minerals Limited


Norilsk Africa (Pty) Ltd


PPC Limited


Work highlights


  • Acting for Konkola Copper Mines PLC (KCM), currently in provisional liquidation, and its minority shareholder ZCCM Investment Holdings PLC (ZCCM-IH), the mining investment company of the Zambian government, in negotiations for the withdrawal of KCM from provisional liquidation and the return of the majority shareholder, Vedanta Resources Holdings Limited (VRHL), as controlling shareholder.
  • Advising Sedibelo Resources Limited and its operating subsidiaries on its Triple Crown Project, involving obtaining a mining right in respect of a contiguous PGM deposit and consolidation with two adjacent mining areas into one mega PGM mine.

Fasken

Fasken’s mining practice has a solid track record in handling a broad range of mining-related instructions. Blaize Vance, the firm’s regional managing partner for Africa, leads the department, and is well-versed in advising on major mining projects. Rakhee Bhoora is a key contact for mining dispute resolution; Paul Fouche has a strong reputation for mining health and safety matters; and Francois Joubert is instructed in work concerning regulatory and compliance issues and transactional matters.

Practice head(s):

Blaize Vance


Other key lawyers:

Rakhee Bhoora; Paul Fouche; Francois Joubert


Key clients

Thor Explorations Ltd


Eyesizwe RF Proprietary Limited


Zizwe Opencast Mining


Harmony Gold (Pty) Ltd


Eastern Platinum Limited


SRK


DRD Gold


CSIR


Pelagic Resources PTE Limited


Hogan Lovells (South Africa)

At Hogan Lovells (South Africa), recent instructions for the mining team include advising on restructurings, acquisitions, and health and safety issues, as well as handling dispute resolution. Wessel Badenhorst is a key practitioner for instructions involving the disposal of distressed mining operations, mining health and safety issues and environmental law concerning the industry. Badenhorst heads the practice alongside Chris Green  and Deepa Vallabh, both of whom are very experienced in advising on cross-border M&A transactions.

Practice head(s):

Wessel Badenhorst; Chris Green; Deepa Vallabh