JD Supra South Africa

Publisher:
JD Supra
Publication date:
2019-04-29

Publisher

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 Africa Seeks Safety and Clarity with New Shale Gas Regulations

    A sluggish economy, a desire to cut back on the use of coal-powered electricity, and a worldwide focus on new oil and gas recovery techniques have pushed the South African government to take steps toward diversifying its energy industry and developing its natural resources using best practices from ...

  • Africa Update - May 2015 #3

    In This Issue: - Leading the News - United States – Africa Relations - North Africa - East Africa - West Africa - Sub - Saharan Africa - General Africa News - Excerpt from Leading the News: Burundi: On May 14th, United Nations (U...

  • Africa Update - September 2015 #5

    Leading the News - Burkina Faso: On September 25th, the United Nations (U.N.) Security Council issued a statement welcoming the reinstatement of President Michel Kafando and the transitional authorities of Burkina Faso following the recent coup. In addition to commending the Economic...

  • Launch of the South African Marine Research and Exploration Forum

    On 29 January 2016, the Department of Science and Technology and the Offshore Petroleum Association of South Africa signed a memorandum of understanding in terms of which the South African Marine Research and Exploration Forum (SAMREF) was established....

  • Draft Mining Charter would restructure BBBEE transactions in the South African mining industry

    On 15 April 2016, the Department of Mineral Resources ("DMR") published the draft Reviewed Broad Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry, 2016 ("Draft Mining Charter") for comment. The Draft Mining Charter seeks to align its predecessor to the...

  • The launch of the Green Economy Programme

    This article provides a summary of the key points addressed by the Minister of Energy (the “Minister”) at the launch of the Green Economy Programme (the “Programme”). The launch took place in the Municipality of Nelson Mandela Bay on 21 July 2016. The Programme complements South Africa’s...

  • Deductions: Can an employer deduct money from an employee’s salary to recover damages or losses?

    Employers may be tempted to get an employee to pay for the cost of damages or losses which he or she causes by simply deducting the money from his or her salary. This would be a handy way to hold employees to account and to get them to take better care of the employer’s property. But it’s not that...

  • 7 tips for combating white-collar crime

    White-collar crime costs the South African economy a huge amount every year. One expert puts the figure at R930 million a year, and poor conviction rates are estimated to be driving a 50 per cent rise in this kind of crime....

  • Update on CAJAC

    The China-Africa Joint Arbitration Centre (CAJAC) is a partnership between the Arbitration Foundation of Southern Africa (AFSA) and the Shanghai International Arbitration Centre (SHIAC). One of the main reasons for the establishment of CAJAC is due to the increased development of trade and...

  • Projects and Energy Weekly Snippets

    Least-cost base case essential starting point for IRP process – SAWEA - The South African Wind Energy Association (SAWEA) has rejected the current base case scenario used for the 2016 Integrated Resource Plan (IRP2016) Update for Electricity, calling for the scenario to be remodelled as a “leas...

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