Our experience

Mining and natural resources

  • Advising a global commodities trade house in relation to various pre-payment and offtake arrangements with chrome producers in South Africa
  • Acting for a large manganese entity and its subsidiary companies in respect of the development of a manganese asset in South Africa
  • Acting for a mining organisation in relation to various urgent applications launched against the business rescue practitioners regarding the funding as well as the re-opening of the certain mines
  • Acting for a large energy company in relation to the construction and operation of a PV plant, and in particular, in relation to conflicting rights over the area of land, including prospecting and mining rights
  • Advising our client, a major mining, engineering and retail company on a potential acquisition of manganese company, a due diligence, expression of interest, drafting and negotiation of agreements
  • Acting for a mining company in regard to an appeal lodged in terms of the MPRDA in respect of overlapping mining rights
  • Advising our client, a major mining, engineering and retail company an acquisition and its rights in various mining assets 
  • Advising a leading supplier of petroleum products in South Africa in a matter involving a Project Development and Terminal Services Agreement entered into between our client and a corporation based in the Netherlands 
  • Advising our client, a global chemical services business group in relation to supply of services in various jurisdictions
  • Representing our client, one of the world’s largest globally diversified natural resource companies, in a number of Urgent Interdict Applications relating to community unrest, which have threatened the operations of our client
  • Representing a major coal company in defending two Urgent Applications arising out of a sale of various mines
  • Acting for a global mining company and its subsidiary companies in respect of the development of a Flourspar asset in South Africa
  • Advising a leading mining company in South Africa on matters involving community engagement, artisanal / small scale mining and community forums
  • Representing a mine in business rescue in relation to the negotiation and implementation of a full suit contract mining arrangement
  • Advising a major supplier of petroleum products in South Africa in relation to compensation and related civil claims
  • Advising a mining company in South Africa on an industry initiative to digitise statutory operational and compliance reporting
  • Advising a multinational corporation that is one of the world’s largest providers of commercial explosives and blasting systems to the mining, quarring, oil & gas and construction markets in relation to supply of services in various jurisdictions
  • Representing our clients in an application brought in the Johannesburg High Court involving a number of other mining companies, and Transnet SOC Limited
  • Advising a JSE-listed coal development and operating company in relation to various off-take, transport and sale of product for domestic and international markets
  • Advising a global commodity trading company in Singapore in relation to acquisition of product, transportation, storage, port and related aspects
  • Advising a major producer and marketer of commodities in South Africa in relation to security of supply of product and related aspects
  • Advising a South African mining company on securing infrastructure in relation to supply chain to end user of product
  • Advising a South African mining company in Mpumalanga. This included advice in relation to business rescue, various funding arrangements and governmental investigations and inquiries
  • Assisting clients in making representations to the Department of Mineral Resources in respect of the imposition of administrative fines and, where appropriate, seeking the review and setting aside of these fines
  • Providing mining related advice (in terms of the MHSA and MPRDA) to business rescue practitioners and mining clients who have been placed under business rescue or their creditors

Health and safety

  • Representing a leading mining company on three fatal accidents which occurred where employees have been fatally injured during mining activities as a result of equipment and machinery related incidents
  • Representing a major mining operation on a fatal accident which occurred in which an employee was fatally injured in a trackless mobile machinery related incident. Following this accident, and other trackless mobile machinery incidents in the industry during the period, the Department of Mineral Resources and Energy gazetted the trackless mobile machinery regulations, which have application throughout the mining industry
  • Advising a leading supplier of petroleum products in South Africa on an explosion and deflagration incident occurred at their refinery where two employees were fatally injured, while seven additional people were injured
  • Advising a large mining company where an employee was fatally injured in a machinery related incident, relating to, the internal investigation following the incident, which traversed a wide scope of health and safety laws relating to the incident
  • Representing a global leading mining company in which three employees were fatally injured in an unprecedented gassing and drowning incident. The statutory investigations associated with the incident drew high levels of engagement from the Mine Health and Safety Inspectorate as well as three sets of employee trade unions
  • Representing a major mining company whereby an independent contractor was fatally injured by an Articulated Dump Truck which occurred on our clients mine. We are representing our client in the investigation and inquiry in terms of Section 65 of the MHSA
  • Advising a leading supplier of petroleum products in South Africa in relation to the investigation conducted by the Department of Employment and Labour, and an inquest (coronial inquest), which is part heard, being held under the auspices of the Inquest Act No.58 of 1959
  • Advising a leading supplier of petroleum products in South Africa in relation to compensation and related civil claims
  • Advising a major mine operation on a fatal accident that occurred at their mine whilst a conducting shaft sinking operation
  • A comprehensive regulatory framework applies to fatal accidents on mines in South Africa including investigations and inquiries that are conducted by the Mine Health and Safety Inspectorate, submission of compensation claims, investigation by the South African Police Services, and potential civil claims. We represented our client in all aspects associated with the fatal accident
  • Representing a major mining company on various fatal accidents which occurred in the period between March 2021 and November 2022. If production stops due to a fatal accident, we guided our client through the significant consequences such as relationships between a mine and the employee representatives (trade unions), and financial consequences arising out of the lost production, including the actual losses, breach of supply agreements and related aspects
  • Representing one of South African’s leading mining company on three fatal accidents which occurred on site. We were involved in all three fatal internal investigations, which included an assessment of the human factor and technical aspects related to the incidents, as well as the preparation of incident reports with high level teams of experts in the health and safety sector of the mining industry
  • Representing a major mining company on two fatal accidents which occurred and advising on all aspects associated with the fatal accidents, as above
  • Acting for one of South Africa’s largest mining company where an employee was fatally injured in a drill rig related accident. We represented our client in all aspects associated with the fatal accident, as above
  • Advising a global mining corporation on a blasting event that occurred, injuring an employee, who was sent to South Africa for treatment. We represented our client in all aspects associated with the incident, as above. We further assisted our client with the repatriation of their employee to Mali and related aspects, including disciplinary and fair treatment processes
  • Acting for our client in inquest held into the death of three employees who are presumed to have passed away following a collapse incident of a crown pillar. The focus of the inquest mainly surrounds what caused this collapse incident
  • Representing a further multitude of mining companies in numerous high-profile mine fatalities, this included regulatory matters, and inquiries in terms of the health and safety laws, civil and criminal matters
  • Advising a mining company in relation to the disposal of a metalloys business, with particular emphasis on all regulatory (health and safety and environmental) aspects associated with the disposal
  • Representing a global mining and metals company in a claim by an ex-coal mine worker for occupational lung disease
  • Successfully assisting clients in dealing with the issuing of Section 54 instructions to halt mining operations as well as instructions issued in terms of Section 55 of the MHSA
  • Representing employees of various major mining companies in South Africa in criminal prosecution cases, resulting from fatal accidents at the mines

Employment

  • Successfully representing our client, a leading global provider of fleet and mobile asset management solutions, in an Urgent Application, in which our client sought the enforcement of an agreement of restraint of trade
  • Advising a coal mining company in South Africa on strike management
  • Advising an investment holding company in South Africa on strike management and dismissals
  • Representing and advising a major coal mining company on bargaining disputes
  • Representing and advising a South African mining company on collective bargaining disputes
  • Representing a mining conglomerate in alleged unfair dismissal disputes in the CCMA for three senior managers who were dismissed
  • Representing a technology company in launching an application for declaratory relief in the Labour Court as to whether section 197 of the Labour Relations Act was triggered 
  • Advising a chrome recovery plant company on the transfer of its employees in terms of the provisions of Section 197 of the Labour Relations Act (governing going concern transfers) to the transfer.
  • Representing a large power plant corporation regarding a dismissal or whether a fixed term contract expired through the effluxion of time.
  • Representing a global leading mining corporation on an employee’s involvement in illegal mining activities and unfair dismissal dispute
  • Advising a global mining corporation on a blasting event that occurred, injuring an employee, who was sent to South Africa for treatment. We represented our client in all aspects associated with the incident, as above. We further assisted our client with the repatriation of their employee to Mali and related aspects, including disciplinary and fair treatment processes
  • Representing one of South Africa’s leading mining companies to oppose an application to interdict the internal domestic disciplinary proceedings instituted against an employee
  • Representing a  multinational corporation that is one of the world’s largest providers of commercial explosives and blasting systems to the mining, quarrying, oil and gas, and construction markets, in opposing the alleged unlawful and wrongful dismissal
  • Representing a major mining company in South Africa to oppose the alleged unfair dismissal dispute instituted by the National Union of Mineworkers on behalf of their member, due to allegations of his participation in illegal mining
  • Advising a leading supplier of petroleum products in South Africa in relation to the investigation conducted by the Department of Employment and Labour, and an inquest (coronial inquest), which is part heard, being held under the auspices of the Inquest Act No.58 of 1959

Environmental

  • Acting for a multinational mining company on historical environmental matters relating to compliance with the various Environmental Laws and community engagement from time to time. We further advised client on the aspect of their tailings dam storage facilities. Additionally, we have been involved in community engagements with the surrounding community members who inhabit the surrounds of our clients’ operations. If looked at holistically, our advice covers various elements of Environmental, Social Governance (ESG)
  • Advising a global producer and supplier of metals in relation to various environmental and compliance aspects at its operations, including replacement of pelletising plant with agglomeration technology
  • Successfully defending a South African mining company in objections against proposed mining operations at a Colliery in Mpumalanga by environmental and tourism agencies
  • Advising various South African mining companies with its environmental compliance and regulatory work
  • Advising an international steel manufacturer in relation to disposal of shareholding to the IDC, environmental compliance and engagement with the regulators
  • Advising a global mining and metals company on various environmental and compliance matters including management of waste facilities on its various collieries, the application of the National Environmental Management: Protected Areas Act to its collieries, the issuing of various compliance notices by the DFFE, and related aspects
  • Defending a multi-disciplinary construction and engineering group against attempts made by regulators to shut the asphalt plant, and associated litigation (appeals, objections and reviews). This matter includes the full spectrum of compliance with environmental laws, administrative law and criminal law
  • Advising a global mining and metals company on various environmental and compliance related matters
  • Advising a global mining corporation on an acquisition which included extensive advice in regard to the Environmental Laws
  • Advising a leading supplier of petroleum products in South Africa in relation to a broad spectrum of statutory investigations by the regulators, including the Department of Employment and Labour, the Department of Fisheries, Forestry and the Environment and the State (inquest)
  • Advising and representing a major mining company in an appeal lodged in terms of Section 148(1) of the National Water Act, No. 36 of 1998, with the Water Tribunal in respect of the Department of Water and Sanitation’s (DWS) decision to refuse our client’s application for a water use licence (WUL) for the decommissioning (and demolishing) of its site
  • Advising a leading supplier of petroleum products in South Africa in relation to environmental consequences of an explosion and in relation to compensation and related civil claims
  • Advising our client on various notices in terms of Section 31L of the National Environmental Management Act, No. 107 of 1998 (NEMA), Notice of Intention to Issue a Compliance Notice and a contravention of the National Environmental Management: Air Quality Act No. 39 of 2004 (NEM:AQA)
  • Advising a mining company in relation to the disposal of a metalloys business, with particular emphasis on all regulatory (health and safety and environmental) aspects associated with the disposal
  • Advising a leading mining company in relation to the care and maintenance that has been implemented, closure, and compliance with, in particular, Environmental Laws, arising out of the Legacy Business.

Water

  • Advising and representing a major mining company in an appeal lodged in terms of Section 148(1) of the National Water Act, No. 36 of 1998, with the Water Tribunal in respect of the Department of Water and Sanitation’s (DWS) decision to refuse our client’s application for a water use licence (WUL) for the decommissioning (and demolishing) of its site
  • Representing our client in an appeal against the DWS’ refusal as well as the anticipated refusal by the Department of Environment, Forestry and Fisheries (DEFF) of our client’s application for a coastal waters discharge permit (CWDP)
  • Advising a global mining company on historical opinions regarding the pumping of underground mine water between the mining operation
  • Acting for a multinational mining company on historical environmental matters relating to compliance with the various Environmental Laws and community engagement from time to time. Part of the advice included the application for a water use licence (WUL) in terms of the National Water Act, No. 36 of 1998, with the Water Tribunal in respect of the Department of Water and Sanitation’s (DWS)
  • Representing and advising a South African mining company in respect of a court application by the Lawyers for Human Rights, for access of water related information of a client held by the Inkomati Catchment Management Agency, in terms of the Promotion of Access to Information Act 2 of 2002
  • Reviewing a water use licence for a South African coal and energy export company and advising on the extent and conditions of the licence relating to the storage, abstraction and discharge of water from geohydrologically connected mining operations

Energy and nuclear

  • Acting for a large energy company in relation to the construction and operation of a PV plant, and in particular, in relation to conflicting rights over the area of land, including prospecting and mining rights

  • Advising an international engineering and project management consultancy company, as operator, in relation to its tender submission for the Western Cape Department of Transport and Public Works’ Accommodation PPP

  • Advising an independent power and renewable electricity producer in respect of the engineering, procurement and construction, and operation and maintenance of a 74MW photovoltaic facility located in Sishen, South Africa, in the Department of Energy’s IPP Procurement Programme

  • Advising a private company in respect of the engineering, procurement and construction, and operation and maintenance of a 135.5MW wind power generation facility located in Gouda, South Africa, in the Department of Energy’s IPP Procurement Programme

  • Advising an energy company in Africa in respect of the 210MW Open Cycle Gas Turbine electricity generation facility in the Kilwa District, Tanzania

  • Providing advice and litigation support to a national key point infrastructural energy company in respect of its operations, and engagements with the relevant regulatory authorities

  • Providing advice and litigation support from an upstream regulatory perspective relating to exploration, exploitation, licensing, health, safety, and environmental issues, to various clients

  • Successfully assisting clients in making applications, in terms of the MHSA, and MRPDA, to the DMRE, DWS, DFFE in respect of their various operations

  • Assisting clients in making representations to the DMRE in respect of the imposition of administrative fines and, where appropriate, seeking the review and setting aside of these fines

  • Providing advice and support in relation to licensing of nuclear facilities
  • Advising a global producer and supplier of metals in relation to various environmental and compliance aspects at its operations, including replacement of pelletising plant with agglomeration technology
  • Defending a multi-disciplinary construction and engineering group against attempts made by regulators to shut the asphalt plant, and associated litigation (appeals, objections and reviews). This matter includes the full spectrum of compliance with environmental laws, administrative law and criminal law
  • Providing advice and support in relation to licensing of nuclear facilities
  • Providing advice and litigation support from an upstream regulatory perspective relating to exploration, exploitation, licensing, health, safety, and environmental issues

Project finance

  • Advising an international engineering and project management consultancy company, as operator, in relation to its tender submission for the Western Cape Department of Transport and Public Works’ Accommodation PPP
  •  Advising an independent power and renewable electricity producer in respect of the engineering, procurement and construction, and operation and maintenance of a 74MW photovoltaic facility located in Sishen, South Africa, in the Department of Energy’s IPP Procurement Programme

  • Advising a private company in respect of the engineering, procurement and construction, and operation and maintenance of a 135.5MW wind power generation facility located in Gouda, South Africa, in the Department of Energy’s IPP Procurement Programme
  • Advising an energy company in Africa in respect of the 210MW Open Cycle Gas Turbine electricity generation facility in the Kilwa District, Tanzania

Commercial

  • Advising an investment holding company with its listing on the Stock Exchange of Mauritius
  • Acting for an international energy and commodities company on a prepaid offtake transaction for coal
  • Advising a commodities trading business in South Africa in a transaction where i) the client would develop a coal wash plant and wash certain coal on behalf of an international mining and metals company and ii) the client would purchase coal to be washed at its plant, to be sold to third parties
  • Advising our client, a major mining, engineering and retail company on a potential acquisition of manganese company, a due diligence, expression of interest, drafting and negotiation of agreements
  • Acting for a large manganese entity and its subsidiary companies in respect of the development of a manganese asset in South Africa
  • Advising our client, a major mining, engineering and retail company an acquisition and its rights in various mining assets
  • Advising our client, a global chemical services business group in relation to supply of services in several jurisdictions
  • Acting for a global mining company and its subsidiary companies in respect of the development of a Flourspar asset in South Africa
  • Advising a multinational corporation in relation to supply of services in several jurisdictions
  • Advising a multinational corporation that is one of the world’s largest providers of commercial explosives and blasting systems to the mining, quarrying, oil and gas, and construction markets in relation to various commercial and company secretarial requirements in the following jurisdictions: Mauritania, Burkina Faso, DRC, Ghana, Mozambique, Namibia, Senegal, Tanzania and Zambia
  • Advising a South African mining company on securing infrastructure in relation to supply chain to end user of product.