Navigating Overlapping Rights In Onshore Energy Development

The Carbon Border Adjustment Mechanism (CBAM) (established by the CBAM Regulations) is a tool designed to place a carbon price on in-scope goods and precursors originating from a third country under Article 2 of the CBAM Regulations.

Africa holds approximately 30% of the world's known mineral reserves, yet historically has exported most as raw materials with limited downstream participation.

Please see our Oil & Gas experience in Africa.

The Mineral and Petroleum Resources Development Act, 2002 ("MPRDA") terminated the common law concept of ownership of mineral rights.

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?

The DMPR has recently published guidelines for the implementation of mandatory COPs on road and rail safety management, change management, and fire prevention, as well as a guidance note on the prevention and management of NCDs and mental health disorders in the mining industry.

Africa's data-centre market presents enormous growth potential, with only 10% of current demand being served, yet faces critical infrastructure challenges around power reliability, transmission capacity, and regulatory frameworks. As hyperscalers eye the continent for expansion and governments push data sovereignty agendas, the question becomes whether African nations can build the energy and connectivity infrastructure needed to support this digital transformation while managing the risks of stranded asset

South Africa's mining sector stands at a critical juncture as the 2026 Joburg Indaba examines whether the country can translate its substantial mineral wealth and technical expertise into renewed investment. With private rail operators receiving slots, a new mining cadastre in development, and intensifying global competition for critical minerals, the question is whether administrative reforms and infrastructure improvements can deliver the predictable operating environment investors require.

South Africa's electricity sector is on the brink of significant transformation as the National Energy Regulator of South Africa ("NERSA") unveils its draft Electricity Trading Rules (the "New Rules").

On 28 November 2019, the Minister of Mineral Resources and Energy (Minister) published Draft Amendments to the Mineral and Petroleum Resources Development Regulations,...

South Africa's 26th Commission for Employment Equity Annual Report reveals a dramatic 48.4% decline in employment equity reporting following legislative amendments, while introducing a new compliance certificate regime that fundamentally alters how employers access state business opportunities. With six constitutional challenges now before the courts and new sectoral numerical targets in force...

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 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.

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 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

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.

Commercial agreements often require mechanisms that allow parties to exit or unwind relationships when circumstances change or disputes arise. This article examines three common legal mechanisms—conditions precedent, resolutive conditions, and shotgun clauses—that provide structured pathways for parties to terminate or reverse contractual obligations. Understanding the advantages and disadvantages of each mechanism is essential for crafting agreements that protect commercial interests while main

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.

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.

The Labour Court has ruled that workplace complaints do not automatically qualify as protected whistle-blowing under South Africa's Protected Disclosures Act. This judgment examines when employee allegations of impropriety receive legal protection and what factual foundation is required to establish a protected disclosure that shields workers from retaliation.