Mining and Minerals
Mining and mineral law in South Africa is legally and administratively complex. Our Mining and Minerals team has a wealth of industry experience in all facets of this specialist sector built over many years of working with clients in the mining, minerals and natural resources industries.
Our in-depth and longstanding association with the resources sector means we are well placed to offer you practical and relevant advice to meet your legal and commercial requirements.
Our core Mining and Minerals team includes a number of leading legal experts who represent our clients on everyday issues as well as one large scale transactions. Our lawyers have been involved in many of the largest and most prominent resource industry transactions and matters in South and sub-Saharan Africa.
- Mergers and acquisitions, including cross border transactions;
- Mineral rights, including licensing, mining exploration, prospecting, concession, royalty and development agreements;
- Statutory claims arising from mining activities;
- Regulation, including occupational health and safety, competition and employment law;
- The Mining Charter, including black economic empowerment structuring and transactions;
- Environmental and planning issues, including community projects;
- Commercial disputes, including dispute resolution, litigation and arbitration;
- Financing, including corporate asset, commodity and leveraged finance;
- Tax, including corporate tax and commercial projects, exchange control and customs and excise;
- Projects and infrastructure, including joint ventures and PPPs;
- Due diligence investigations; and
- Insurance, including policy and risk management issues.
- Advised Atlatsa Resources Corporation on its transactions with Anglo American Platinum relating to mineral asset sales, share and debt restructuring, share subscriptions, debt reduction structuring, company law, exchange control, mining regulatory advice and implementation. Our firm advised fully on all aspects of this exceptionally complex transaction.
- Acted for Sekoko Resources (Pty) Limited / Sekoko Coal (Pty) Limited in the Firestone Energy Project - Sale of shares in Firestone Energy, acquisition by Seychelles company of a share interest in Sekoko Coal, Waterberg Coal Company take-over of Firestone Energy (both listed in Australia), group funding and restructuring advice; advice on mineral titles and regulatory issues; undertaking of funding obligations; tax advice.
- Acted for Anglo American Platinum and Rustenberg Platinum Mines Ltd in an oversight legal review of its platinum operations, mining regulatory compliance, labour law advice and compliance, mining law advice on security of tenure of mining rights. The matter was complex and politically sensitive.
- Advised Maseve Investments 11 (Pty) Ltd on WBJV Project 1. Client is an investment vehicle for Platinum Group Metals Ltd. Advising client on mining authorisations, black economic empowerment structuring, project funding, equity funding, EPCM and other mining project agreements, corporate restructuring, surface rights, mine health and safety and environmental issues. We also advise Platinum Group Metals (RSA) (Pty) Ltd on the JV corporatization, mining regulatory issues, corporate structuring and tax advice on the incorporation of client's unincorporated joint ventures known as Waterberg 1 JV with JOGMEC and Mnotho Wethu Consultants and the Waterberg Extension JV with Mnombo Wethu Consultants, including transfers of prospecting rights and funding structure advice.
- Acted for EVRAZ Plc, a company listed on the London Stock Exchange in its disposal of its 85% equity stake in Evraz Highveld Steel and Vanadium Limited, a company listed on the main board of the securities exchange operated by the JSE Limited ("JSE").
- Advised Lanxess Deutschland Gmbh and Lanxess Chrome Mine (Pty) Ltd on the acquisition of portions of chrome rights from Glencore/Xstrata, swap of portions of chrome mining rights between the parties, contract mining arrangements, reservation of ownership of PGM ores in certain seams, regulatory structuring for implementation of agreements, revision of mining work programmes, social and labour plans and environmental authorisations to sales and swap portions.
- Advised Industrial Development Corporation of South Africa Limited on an acquisition by Industrial Development Corporation of South Africa Limited of a 16.2% stake in Platmin Limited (formerly listed on the JSE) incorporated in the Bailiwick of Guernsey. The listing of Platmin Limited's shares (now called Sedibelo Platinum Limited) on the LSE, and a secondary listing on the JSE.
- Acting for Gold Fields (the Issuer) in the unbundling of Gold Fields shares.
- Act for African Rainbow Minerals Ltd, one of the thirty two respondents in an application for certification of a class action related to silicosis and/or tuberculosis allegedly contracted by mineworkers in South African gold mines since 1956. The consolidated certification application relates to eighty two South African gold mines. The legal issues and issues of fact that have to be considered/addressed for purposes of the certification application are complicated
- Acting for Northam Platinum Limited (the Issuer) in the claw back offer of 15,000,000 shares. Deal Value and its BEE transaction structure.
- Legal advisers to Lonmin plc (a London listed platinum mining entity) in respect of all its South African operations including the preparation of its mining related agreements such as smelting agreements, concentrate off-take agreements, joint venture agreements, exploration agreements, project management agreements and mine development documentation; its labour law issues and the commission of enquiry for Marikana; its various rights offers and its black economic empowerment transactions as well as on regulatory matters and environmental law trends in eight jurisdictions where platinum is used in the manufacture of catalytic converters.
- Chambers Global 2012–2016 ranks our Mining and Minerals sector in Band 3: Energy and Natural Resources: Mining.
- The Legal 500 EMEA 2012–2016 identifies us as Tier 2: Mining and Minerals.
- The IFLR1000 2016 - Energy and Infrastructure ranks us in Tier 2: Mining