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Where does the South African mining sector rank as a global investment destination? A brief review of the Fraser Institute’s 2018 survey of mining companies
13 March 2019 Mining & Minerals

Where does the South African mining sector rank as a global investment destination? A brief review of the Fraser Institute’s 2018 survey of mining companies

On an annual basis, the Fraser Institute conducts a survey of mining and exploration companies in jurisdictions throughout the world. Its purpose is to evaluate how factors such as mineral potential and public policy may affect the attractiveness of a jurisdiction as a mining investment destination. As part of the 2018 survey, 83 jurisdictions were evaluated.

NEMLA IV proposes further changes to environmental laws
13 March 2019 Environmental

NEMLA IV proposes further changes to environmental laws

The National Environmental Management Laws Amendment Bill [B14D-2017] (NEMLA IV) was passed by the National Assembly on 27 November 2018 and was submitted to the National Council of Provinces (NCOP) for concurrence. Last month, the NCOP’s Select Committee on Land and Mineral Resources invited comments on the latest version of NEMLA IV and these comments are being processed. If approved by the NCOP, the Bill will be sent for assent and signed into law.

Samiksha Singh discusses labour law issues
13 March 2019 Employment

Samiksha Singh discusses labour law issues

Samiksha Singh, Director in the Employment Practice featured on Cape Pulpit discussing poor performance in the workplace. She discusses performance management hearings and the importance of engagement between employer and employee.

Pull your weight, but only in moderation - the exercise of weighted voting power by developers of sectional title schemes
12 March 2019 Real Estate

Pull your weight, but only in moderation - the exercise of weighted voting power by developers of sectional title schemes

In the recent case of Wilhelm Schreck Croucamp and Others v Hazeldean Retreat Partnership and Others, the High Court considered the lawfulness of the exercise by the developer of a sectional title retirement estate of its weighted voting power in the passing of a resolution to reappoint a particular healthcare provider in terms of a service provision agreement for the purposes of providing frail care services to the residents of the development.

UNCO publishes terms of reference seeking a joint venture partner for the development and management of a refined products storage terminal
12 March 2019 Oil & Gas

UNCO publishes terms of reference seeking a joint venture partner for the development and management of a refined products storage terminal

The Uganda National Oil Company (UNOC) has published terms of reference for an expression of interest in the development and management of a 320 million litre refined products storage terminal to be known as Kampala Storage Terminal (KST). The Government of Uganda has, through its Ministry of Energy and Mineral Development, acquired land near the city of Kampala for the purposes of the storage terminal.

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Where does the South African mining sector rank as a global investment destination? A brief review of the Fraser Institute’s 2018 survey of mining companies
13 March 2019 Mining & Minerals

Where does the South African mining sector rank as a global investment destination? A brief review of the Fraser Institute’s 2018 survey of mining companies

On an annual basis, the Fraser Institute conducts a survey of mining and exploration companies in jurisdictions throughout the world. Its purpose is to evaluate how factors such as mineral potential and public policy may affect the attractiveness of a jurisdiction as a mining investment destination. As part of the 2018 survey, 83 jurisdictions were evaluated.

NEMLA IV proposes further changes to environmental laws
13 March 2019 Environmental

NEMLA IV proposes further changes to environmental laws

The National Environmental Management Laws Amendment Bill [B14D-2017] (NEMLA IV) was passed by the National Assembly on 27 November 2018 and was submitted to the National Council of Provinces (NCOP) for concurrence. Last month, the NCOP’s Select Committee on Land and Mineral Resources invited comments on the latest version of NEMLA IV and these comments are being processed. If approved by the NCOP, the Bill will be sent for assent and signed into law.

Pull your weight, but only in moderation - the exercise of weighted voting power by developers of sectional title schemes
12 March 2019 Real Estate

Pull your weight, but only in moderation - the exercise of weighted voting power by developers of sectional title schemes

In the recent case of Wilhelm Schreck Croucamp and Others v Hazeldean Retreat Partnership and Others, the High Court considered the lawfulness of the exercise by the developer of a sectional title retirement estate of its weighted voting power in the passing of a resolution to reappoint a particular healthcare provider in terms of a service provision agreement for the purposes of providing frail care services to the residents of the development.

UNCO publishes terms of reference seeking a joint venture partner for the development and management of a refined products storage terminal
12 March 2019 Oil & Gas

UNCO publishes terms of reference seeking a joint venture partner for the development and management of a refined products storage terminal

The Uganda National Oil Company (UNOC) has published terms of reference for an expression of interest in the development and management of a 320 million litre refined products storage terminal to be known as Kampala Storage Terminal (KST). The Government of Uganda has, through its Ministry of Energy and Mineral Development, acquired land near the city of Kampala for the purposes of the storage terminal.

Ground-breaking draft legislation aligns SA banks with the rest of the G20
11 March 2019 Finance & Banking

Ground-breaking draft legislation aligns SA banks with the rest of the G20

A revised draft of the Financial Matters Amendment Bill (Bill) has been made available by the National Assembly’s Standing Committee on Finance (SCoF). If enacted, the Bill will update the South African Insolvency Act so that it aligns with the new laws that regulate the trading of over-the-counter (OTC) derivatives. This change has been welcomed by banks and financial institutions alike and will go a long way to facilitating the exchange of bilateral initial margin.

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Black, white and different shades of grey
25 September 2018 Employment

Black, white and different shades of grey

South Africa's history of apartheid and oppression continues to affect post-democratic society today. The workplace is not excluded from the list of institutions affected. Our courts have been called upon to deal with countless incidents involving racism and racial abuse in the workplace. In fact, the increasing number of these incidents has been noted by the Labour Court as a concern. In many cases, racism in the workplace has been held to constitute serious misconduct warranting dismissal.

The future of underground coal gasification – Take two!
19 September 2018 Corporate & Commercial

The future of underground coal gasification – Take two!

In 2015 we published an article on underground coal gasification ("UCG") and its place within the regulatory framework under the Mineral and Petroleum Resources Development Act, 2004 (as amended). Three years later it would appear that uncertainty of the regulatory place for UCG would continue with the announcement by the Minister of Mineral Resources that the Mineral and Petroleum Resources Development Amendment Bill, 2014 ("MPRDA Amendment Bill") will be withdrawn.

If 'South Africa is open for Business', then why are we putting up roadblocks for mining investors?
18 September 2018 Corporate & Commercial

If 'South Africa is open for Business', then why are we putting up roadblocks for mining investors?

Until the election of Cyril Ramaphosa as the new leader of the ANC at its December 2017 conference, the clarion call by Government that "South Africa is open for Business" was becoming decidedly hackneyed and hollow. The election of Ramaphosa added a fresh optimism and when the same call was made at the World Economic Forum in Davos in January, it was greeted with greater interest and far less scepticism than in the past.

Largest BEE deal in ICT sector drives transformation
17 September 2018 Corporate & Commercial

Largest BEE deal in ICT sector drives transformation

On 14 September 2018, Vodacom Group and YeboYethu completed a R16.4 billion BEE transaction – the biggest BEE deal in the ICT sector to date – in which Cliffe Dekker Hofmeyr (CDH) was privileged to have acted as lead legal advisor to both Vodacom and YeboYethu.

Sunday Labour Permissions
17 September 2018 Mining & Minerals

Sunday Labour Permissions

A tendency has arisen in the mining sector for trade unions to put pressure on the Inspectorate of the Department of Mineral Resources (DMR) not to grant temporary permissions to allow production to take place on a Sunday, and not to support applications for any permanent Sunday Labour Permission that can only be granted by the Minister if it is in the national interest to do so, unless the consent of such trade unions has first been obtained.

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Substantive Right: National Treatment & Most-Favoured-Nation Principle
31 January 2019 Dispute Resolution

Substantive Right: National Treatment & Most-Favoured-Nation Principle

National Treatment and Most-Favoured-Nation ("MFN") Principles are contingent standards. National Treatment and MFN are each concerned to ensure that treatment afforded to a foreign investor of another contracting state with the host state is not less favourable that that which are afforded to a national of the host state or that of a third state.

Substantive Rights: Full Protection and Security
24 January 2019 Dispute Resolution

Substantive Rights: Full Protection and Security

The non-contingent standard of 'Full Protection and Security' is commonly found in investment treaties. It is fundamentally concerned with the failure by the host state to protect an investor's property from actual damage caused by either state officials or the actions of others where the state has failed to exercise due diligence (i.e. police power).

eDiscovery – are you seeing the whole picture
7 December 2018 Dispute Resolution

eDiscovery – are you seeing the whole picture

Zaakir Mohamed, Director in the Corporate Investigations Sector of our Dispute Resolution practice, participated in an expert panel discussion titled "eDiscovery – are you seeing the whole picture"

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National Minimum Wage Act
25 January 2019 Employment

National Minimum Wage Act

Anli Bezuidenhout, a Senioir Associate in our Employment practice, joined Rise FM Business, to talk about the National Minimum Wage Act. She discusses what this entails for both employer and employee.