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  • Article

    So Near, Yet So Far: Reflections On The 20 Years Of The MPRDA

    2024 is a seminal year for South Africa. It is a year that celebrates 30 years of democracy. This is a major milestone for any country, particularly for one with a history of political turmoil...
    South AfricaEnergy and Natural Resources
    ENS
    ENS
  • Article

    The Draft Reviewed Mining Charter: Employee Share Ownership Plans And The Ownership Element – Playing The Waiting Game?

    The broad-based employment requirement of the ownership element is, however, likely to remain in the final version.
    South AfricaEnergy and Natural Resources
    ENS
    ENS
Article

The Diesel Refund Scheme: Wet And Dry Contracts, Joint Ventures And New Ways Of Mining In South Africa

South Africa's diesel refund scheme has long provided fiscal relief to mining operations, but its legislative framework struggles to accommodate modern contractual arrangements like wet contracts and joint ventures. Recent Supreme Court of Appeal judgments and 2022 amendments are reshaping how mining companies can access these vital refunds, though significant gaps remain between commercial reality and legal requirements.
South AfricaTax
ENS
ENS
  • Article

    Beyond Fracking: How Will South Africa Ride The Next Wave Of Hydrocarbon Production?

    The South African legislature was caught off-guard in relation to the exploitation of South Africa’s unconventional hydrocarbon resources.
    South AfricaEnergy and Natural Resources
    ENS
    ENS
  • Article

    Two Decades Of Mineral Regulation Under The MPRDA: Reflections And What Lies Ahead

    1 May 2024 marks the 20th anniversary of the Mineral and Petroleum Resources Development Act, 2002 ("MPRDA"), coming into force. The MPRDA has been transformational in many aspects...
    South AfricaEnergy and Natural Resources
    ENS
    ENS
  • Article

    Mining Companies And Section 23K

    Prior to the introduction of section 23K by way of clause 49 of the Taxation Laws Amendment Bill, Bill 19 of 2011 (the "TLAB") whether or not a taxpayer was permitted a deduction in respect of interest expenditure, hinged upon whether or not the expenditure satisfied the requirements in terms of section 11(a), read together with section 23 of the Income Tax Act No. 58 of 1962 (the "Act").
    South AfricaTax
    ENS
    ENS
  • Article

    The New Minerals Order And Washington's Reordering Of Global Mining

    Across decades of advising multinational mining houses, manufacturers and institutional investors in multiple jurisdictions, our practice has worked on the basis that global minerals markets...
    GlobalEnergy and Natural Resources
    Andersen in South Africa
    Andersen in South Africa
  • Article

    Limiting Mining Companies' Protection Against Claims For Damages By Their Employees For Diseases Contracted In The Course Of Their Employment

    In a recent decision the Constitutional Court ("CC") overturned the judgment of the Supreme Court of Appeal ("SCA") in the matter between Mr Mankayi and AngloGold Ashanti Limited (AngloGold).
    South AfricaEmployment and HR
    Bell Dewar
    Bell Dewar
  • Article

    Mine Health And Safety Act, 1996 – Guidance Note Published For The Prevention And Management Of Non-Communicable Diseases And Mental Health Disorders In The South African Mining Industry

    On Friday, 18 July 2025, Government Notice No. 6443 was published in Government Gazette No. 53025, in terms of which the Chief Inspector of Mines ("CIOM") from the Department of Mineral and Petroleum Resources...
    South AfricaEnergy and Natural Resources
    ENS
    ENS
  • Article

    Silicosis Claims In The South African Mining Industry

    Class action lawsuit involving 27,000 affected miners or their families may represent just 10% of the total number of silicosis sufferers in South Africa.
    South AfricaEnergy and Natural Resources
    Clyde & Co
    Clyde & Co
  • Article

    Strategic Integration To Unlock Potential

    Improved dialogue and effective implementation of the national infrastructure development plan could position South Africa’s mining sector to capitalise on the next growth super cycle, say, stakeholders.
    South AfricaEnergy and Natural Resources
    KPMG, South Africa
    KPMG, South Africa
  • Article

    "The Green Mining Value Chain"

    The critical role of mineral production in the achievement of a sustainable energy future cannot be understated. According to a recent World Bank Group report...
    South AfricaEnergy and Natural Resources
    Norton Rose Fulbright
    Norton Rose Fulbright
  • Article

    Wave Of Change In West And Southern African Mining Jurisdictions

    Africa holds approximately 30% of the world's known mineral reserves, yet historically has exported most as raw materials with limited downstream participation.
    South AfricaEnergy and Natural Resources
    ENS
    ENS
  • Article

    Navigating Transfer Pricing Challenges In The Mining Sector

    The mining sector operates in a dynamic environment characterised by fluctuating commodity prices, complex value chains, and unique operational challenges.
    South AfricaTax
    ENS
    ENS
  • Article

    "Breaking Ground" To Calculate Mineral Royalties On Unrefined Minerals

    The 2014 changes to the South African Mineral and Petroleum Resources Royalty Act, 2008 (the "Royalty Act") have left mining companies and extractors ("taxpayers") in uncertain territory.
    South AfricaEnergy and Natural Resources
    ENS
    ENS
  • Article

    Draft Reviewed Housing And Living Conditions Standard For The Minerals Industry

    The Draft Reviewed Housing Standard retains many of the conditions contained in the 2009 Housing Standard.
    South AfricaEnergy and Natural Resources
    Fasken
    Fasken
  • Article

    ESG In The South African Mining Industry: A Spotlight On Social Imperatives

    South Africa's development and aspirations to becoming the wealthiest economy in Africa are largely based on its history of mining with the discovery of gold and diamonds...
    South AfricaEnergy and Natural Resources
    ENS
    ENS
  • Article

    Amendments To The Lockdown Regulations: Take-Home Points For Employers

    On 16 April 2020, the Minister of Cooperative Governance and Traditional Affairs issued a notice which amended several material aspects of the lockdown regulations issued in terms of section 27(2) of the Disaster Management Act, 2002.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    How Key Updates Under The MHSA Are Reshaping How Mines Must Plan And Respond To Emergencies At Its Underground Operations

    On Friday, 28 March 2025, Notice 6052 was published in Government Gazette No. 52388, in terms of which the Minister of Mineral and Petroleum Resources...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Claimants Win First Round Of South African Silicosis Class Action

    The first round in the highly publicised silicosis class action litigation in South Africa – which could cost the gold mining industry almost $3.25bn – was recently decided in the claimants' favour.
    South AfricaEnergy and Natural Resources
    Clyde & Co
    Clyde & Co
  • Showing 121–140 of 227 results

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