JD Supra South Africa

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Latest documents

• Investment protection in the mining sector: A guide to protecting foreign investments in Tanzania

  The mining sector is playing, and will continue to play, an essential role in the energy transition. As demand for critical metals and minerals continues to intensify, a significant increase in foreign investment is likely to occur in the coming decades, with over US$1.7 trillion in investment required to help the transition to clean energy. Demand for precious metals also remains strong, with strong industrial demand playing a significant role in price increases over the course of 2023.

• Unearthing the unseen: Underground sit-ins epidemic in South African mining

  Mining has long been the backbone of South Africa’s economy. Alongside agriculture, it is the biggest sector of the economy, employing almost half a million people. But beneath its surface lies a growing crisis – the surge in underground sit-ins. This illegal and unprotected form of protest reached exceptional levels in 2023, posing a significant threat to both employees and the industry. As we investigated this issue, we discovered compelling reasons why this should matter to all stakeholders and we propose actionable strategies for employers to navigate this unsettling trend.

• Power solutions for mines in Sub-Saharan Africa – diesel generators, captive power plants and cross-border power trading

  One of the key factors affecting the operation of mines in Africa is the availability of a reliable, uninterrupted supply of power. The importance of a stable power supply for mines is such that it is an integral part of investment decisions relating to the development of a new mine or the expansion of an existing mine. However, Sub-Saharan Africa has a severe power deficit which means that mines are often not guaranteed to receive a reliable supply from the national power utility. Mines have therefore sought to secure alternative sources of power supply, rather than relying on national utilities. These alternative sources of supply have principally taken three forms: 1) diesel generators; 2) captive power plants; and 3) in the Southern African Power Pool (SAPP) region, cross-border power trading. We will briefly discuss each option in turn. We will also discuss the impact of energy transition in relation to some of these power solutions.

• Sovereign Debt Restructuring in Africa

  Sovereign debt restructurings are complex processes that involve negotiations with a sovereign’s creditors to alter the terms of existing debt, aiming to restore fiscal sustainability and ensure long-term economic stability. Factors such as escalating debt service and borrowing costs, liquidity pressures originating from foreign exchange shortages and revenue shortfalls, limited revenue base resulting from recessions or stagnation from structural weaknesses such as declining competitiveness or having a narrow export base, or more subjective factors such as internal or external political pressure to ensure social stability at any given moment, often prompt considerations of debt restructuring.

• Africa’s energy transition will take time

  Concluding our series on COP27, Tim Scales, head of A&O’s Africa Group and Co-Head of the Global Projects Practice, calls for a pragmatic approach, recognising that, vital though energy transition is, it will not happen overnight. Please see Publication below for more information.

• Reaching for opportunities in an energy crisis in South Africa

  Renewable energy and market reforms are helping to take the pressure off South Africa’s broken electricity system. But as Alessandra Pardini and Alexandra Clüver, partners in A&O’s Johannesburg office, tell Head of the Africa Group and Co-Head of the Global Projects Practice Tim Scales, the wider challenges are immense and it’s time to turn talk into action. Please see Publication below for more information.

• Deferred Prosecution Agreements: a Solution to Prosecuting Backlog?

  [co-author: Kaede Wildschut, and Karam Singh] FTI Consulting South Africa and Corruption Watch recently co-authored an article titled ‘Addressing Corruption in South Africa’ in which we argued, inter alia, that consideration should be given to allowing criminal offenders to self-disclose and subject themselves to an administrative penalty to avoid criminal prosecution through the mechanism of deferred prosecution agreements (“DPAs”). In February 2019, President Ramaphosa announced the establishment of a Special Investigating Unit (“SIU”) Tribunal to expedite hearings of SIU cases, recover misappropriated state funds and investigate the conduct of state officials in connection with maladministration of the funds and corruption. Please see full Article below for more information.

• The Benefits Risks and Limitations of Lifestyle Audits

  [author: Georgie Niven] The ‘lifestyle audit’ is a buzzword on the South African anti-corruption agenda. In 2018, incumbent president Cyril Ramaphosa called for lifestyle audits on people in positions of responsibility. Some state employees, including members of the Western Cape cabinet and South Africa’s national power company Eskom, have already been subjected to lifestyle audits. The South African Revenue Service (SARS), which has been conducting lifestyle auditing for years, announced it would undertake lifestyle audits to recover undisclosed taxes. In 2019, auditing giant KPMG introduced lifestyle audits for its employees to promote integrity and identify possible abuses of internal processes and client contracts... Please see full Article below for more information.

• Are employers required to disclose investigation reports in the CCMA?

  In a recent unreported judgment between South African Sports Confederation and Olympic Committee v CCMA and Others, the Labour Court considered whether an employer is required to disclose a forensic investigation report prepared by its attorneys in the local employment tribunal, the Commission for Conciliation, Mediation and Arbitration (CCMA).

• All eyes on Africa – nurturing talent for the next wave of growth

  An online recruitment platform is changing the hiring landscape across the African continent in staffing for much needed infrastructure and energy projects. Victor Thien, founder and managing director of afringa, tells us how.

Featured documents

• South African Renewable Energy Independent Power Producer Procurement Programme (REIPPPP): Salient Features Of And Changes To The Bid Window 4 RFP For Purposes Of The 1800MW Expedited Bid Submission Window

  Briefing Note 23 and Parts A, B and C of the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) Request for Qualification and Proposals (RFP) Expedited Bid Submission Window (EW) dated June 2015 have been released. The salient features and changes from the Fourth Bid...

• The Paris Agreement on Climate Change – Implications for Africa

  The historic 21st annual meeting (COP21) of the United Nations Framework Convention on Climate Change (UNFCCC) in Paris in December 2015 resulted in the Paris Agreement (Agreement) which goes further than any previous climate accord in respect of its ambition. This is particularly true in respect...

• South Africa Newsletter - September 2016

  South Africa’s diverse economy, strategic role in Africa and political history create a unique business and regulatory environment. The Dentons South Africa Newsletter will help you keep abreast of issues that affect doing business in, from and with South Africa. Every month this newsletter will...

• Exchange Control Special Voluntary Disclosure Programme

  The Financial Surveillance Department issued Exchange Control Circular No 4/2017 dated 27 January 2017 in terms of which the Exchange Control SVDP closing date for submissions has been extended......

• Projects and Energy Weekly Snippets

  Eskom's coal-fired power struggle - Eskom’s closure of five old coal-fired power stations over the next 10 years, at a loss of about 30 000 direct and indirect jobs, was foreseen more than a decade ago....

• Projects and Energy Weekly Snippets

  DoE won’t appeal nuclear ruling, but Kubayi leaves door open for new nuclear determination ahead of IRP update - Energy Minister Mmamoloko Kubayi announced on Saturday that government would not appeal the 26 April ruling of the Western Cape High Court, which declared the processes hitherto...

• Franchise agreements under the South African Consumer Protection Act

  Prior to the enactment of the Consumer Protection Act 68 of 2008 (the CPA), there was no specific piece of legislation that regulated franchises. In this article, we provide a brief overview of some important aspects related to the regulation of franchises under the CPA....

• Prescription: A discussion of without prejudice acknowledgments in South Africa

  Extinctive prescription is a means of rendering various types of obligations and claims as extinguished or unenforceable by the effluxion of time. In this article, we provide a brief overview on without prejudice statements and prescription, in light of the recent judgment of KLD Residential CC v....

• Sugar tax

  SARS has issued for comment by no later than 30 November 2017 draft rules relating to the health promotion levy imposed on sugary beverages manufactured in or imported into South Africa. ...

• Amendments to the Mining Act in Tanzania

  Following the extensive amendments to the Mining Act, Cap.123 of the Laws of Tanzania (Act No. 14 of 2010) (the Mining Act) by the Tanzania Extractive Industries (Transparency and Accountability) Act, 2015 (TEIA) whereby a number of changes affected mineral rights holders, the Mining Act had two...