Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 27 OCTOBER 2026

Joburg Indaba | Policy Discussion

Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Contributor
Cliffe Dekker Hofmeyr

Cliffe Dekker Hofmeyr

Cliffe Dekker Hofmeyr (CDH) is one of the largest full-service business law firms in South Africa,...

View firm profile
Explore more from Cliffe Dekker Hofmeyr

South Africa's mining sector stands at a crossroads between transformation imperatives and investment realities. A recent parliamentary exchange revealed both the persistent trust deficit between government and industry and the promising signs of a more pragmatic approach to mining regulation. Can policymakers create a framework that delivers both transformation and investment before the next commodity boom passes the country by?

South AfricaEnergy and Natural Resources
Vivien Chaplin
Vivien Chaplin

A provocative call to “scrap B-BBEE” set the tone for a rigorous and unusually candid debate on policy certainty at #JoburgIndaba2026. But the discussion quickly moved beyond the headline to the more important question: what policy framework will actually unlock mining investment while continuing to deliver meaningful transformation?

The exchange between the DMR, Minerals Council and the DA’s Shadow Minister exposed the vestiges of the trust deficit that historically existed between government and industry but also evidenced the promising signs to overcome it.

The opposition critique was uncompromising: South Africa is “limping along” on resilience rather than benefiting from a genuinely investment-friendly policy environment. Lack of predictability, excessive ministerial discretion and regulatory uncertainty continue to weigh on investment decisions. The warning was stark: if another commodity boom arrives, South Africa risks missing it.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Reflections Ahead Of Junior Mining Indaba: Formalising Artisanal And Small-scale Mining In South Africa

South Africa's artisanal and small-scale mining sector is undergoing significant transformation through progressive policy and legislative reforms aimed at formalisation and legitimisation. How do recent developments, including the 2022 ASM Policy and the 2025 Draft Mineral Resources Development Bill, seek to balance broader participation in mining with environmental safeguards while distinguishing lawful small-scale operations from illegal mining activities?
South AfricaEnergy and Natural Resources
ENS
ENS
Article

Unclaimed Benefits: Treasury Proposes Major Reform For Retirement Funds

National Treasury has proposed a centralised framework for administering South Africa's estimated R88 billion in unclaimed financial assets, including retirement benefits. The discussion paper outlines a system where a central administrator would manage tracing, record-keeping and claims through a single public portal, with assets potentially transferred to the Corporation for Public Deposits.
South AfricaEmployment and HR
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

Fraudulent Misrepresentation In Employment Comes At A High Price: Labour Court Orders Former CIO To Repay More Than R2.8 Million

A South African Labour Court has ruled that an employee who secured her position through fraudulent misrepresentations about her employment history must repay all remuneration received, along with costs incurred from consultants she secretly promoted. The judgment establishes significant precedent for employer remedies when recruitment fraud results in no value delivered, while confirming the Labour Court's jurisdiction over employment-related fraud claims.
South AfricaEmployment and HR
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Video

Webinar Recording | When They Knock: Preparing For Dawn Raids Under The Competition Act (Video)

The Competition Commission's recent dawn raids in the scrap-metal sector signal a shift from policy to enforcement action. This practical webinar explores how businesses can identify collusion risks, prepare for dawn raids, and manage competitor contact under South African Competition Act provisions. The session addresses business readiness in an era where digital evidence, including AI-related records, plays an increasingly central role in competition investigations.
South AfricaAntitrust/Competition Law
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

A Critical Analysis Of The Regulation Of Trusts Bill, 2026: Proposed Reforms, Practical Implications And The Challenges Of Effective Implementation

South Africa's Regulation of Trusts Bill, 2026 proposes the most significant overhaul of trust law since 1988, introducing comprehensive compliance obligations, beneficial ownership transparency, and enhanced regulatory oversight. While aimed at strengthening accountability and aligning with international anti-money laundering standards, the Bill raises critical questions about practical implementation, institutional capacity, and the balance between regulatory rigor and administrative feasibility.
South AfricaCorporate/Commercial Law
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

No Easy Escape From Gauteng’s Mandatory Mediation Regime

A recent Gauteng High Court judgment confirms that mandatory court-annexed mediation cannot be avoided simply because parties are hostile toward each other or believe the process will be futile. The court ordered an uncooperative defendant to participate in mediation, establishing that only exceptional circumstances will excuse parties from the process introduced by the Directive and Protocol.
South AfricaLitigation, Mediation & Arbitration
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

Reminder: Employers Have A Responsibility To Deal With Harassment In The Workplace

South Africa's 2022 Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace represents a significant shift from addressing sexual harassment alone to tackling all forms of workplace harassment, including bullying, intimidation, and cyber-harassment. The Code extends beyond physical office boundaries to encompass remote work, digital communications, and work-related events, while placing unprecedented emphasis on proactive prevention rather than reactive response. Employers mus
South AfricaEmployment and HR
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

What's in a name: “contingent and prospective” creditors in business rescue

The Western Cape High Court has delivered a significant ruling on whether contingent and prospective creditors have standing to initiate business rescue proceedings under Chapter 6 of the Companies Act. The judgment settles on the grammatical meaning of "creditor" and clarifies the rights of sureties and subordinated debt holders in business rescue applications. This decision has important implications for lenders and creditors seeking to place debtors into business rescue proceedings.
South AfricaInsolvency/Bankruptcy/Re-Structuring
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Video

Njeri Wagacha Talks Liz Fanning, Founder And CEO At CorpsAfrica (Video)

Njeri Wagacha sits down with Liz Fanning, Founder and CEO of CorpsAfrica, to explore her transformative journey from Peace Corps volunteer to building an organization dedicated to empowering young people and high-poverty rural communities across Africa. The conversation delves into African-led development, local ownership, youth engagement, and the critical importance of listening to communities as they identify solutions to their own challenges.
South AfricaCorporate/Commercial Law
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

Competition Commission Proposes Revised Notification Thresholds For Small Mergers

The Competition Commission has released draft amendments to the Small Merger Guidelines, proposing significantly higher thresholds for small merger notifications. These changes aim to capture potentially anti-competitive acquisitions in digital and technology markets where target firms are acquired before generating substantial turnover or assets, but possess significant future growth potential.
South AfricaAntitrust/Competition Law
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr