JD Supra (JD Supra South Africa)

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...

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...

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

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...

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.

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...

[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

[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...

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).

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.

With the election of a more climate-focused administration in the United States and the European Union (EU) honing in on the mining industry to reduce their carbon emissions, the South African government and mining industry must work together to effect the transition to a lower carbon future. Please see full Publication below for more information.

FTI Consulting’s Resilience Barometer ™ data reveals how, for too many organisations in South Africa, the pandemic has exposed a lack of resilience across critical areas: from business models, to supply chains, and from crisis management, to regulatory changes in an increasingly fragmented world.

The COVID-19 pandemic has disrupted businesses, caused market volatility and triggered asset devaluations across the globe. In addition, were participants considering using impairments to account for the impact of the pandemic in current and future financial reporting? Please see full Publication below for more information.

FTI Consulting South Africa published a report on the Energy Transition in South Africa in February 2020, which covered the shape and pace of South Africa’s energy transition across the power, liquid fuels and mining sectors. A few weeks later, a somewhat distant health and economic shock in China and Europe rapidly became front and centre in South Africa. In this follow up article, we focus on...

South Africa is experiencing a corruption crisis and whistle-blowers could play a crucial role in addressing this. But the socio-political context is hostile to whistle-blowing and South Africans who witness fraud and corruption often prefer to remain silent for fear of reprisal. On 5 November 2020, former South Africa Airways (SAA) board chair, Dudu Myeni, revealed the identity of an...

World Law Group member firms recently collaborated on a Global Cannabis Guide that provides a brief overview of laws and policies regarding the use of cannabis in various jurisdictions. It briefly outlines information on the most important legal issues, from relevant legislation and general information to special requirements and risks. The guide does not claim to be comprehensive, and laws in...

The COVID-19 pandemic has exposed a multitude of governance failures around the world and led to increased calls for fundamental changes to our global political, economic and social systems. Against the backdrop of a looming global recession, addressing corruption and the misappropriation of state resources remains as important as ever. Please see full Publication below for more information.

Report on Supply Chain Compliance 3, no. 21 (October 29, 2020) - An article in The Africa Logistics discusses the major issues companies and entities in the industrials, manufacturing and transportation (IMT) sectors are facing due to COVID-19-related restrictions and regulations. According to the article, the barriers put up across regional and national lines to stem the spread of the virus...

COVID-19 and the consequent economic effects have meant significant job losses for the people of South Africa. Many families have been affected, and our future generation (the youth) are affected both immediately and in the long run. The impact of COVID-19 on access to education has been significant and disproportionately affected learners in poorer households. This immediate effect will have...

International arbitration remains the dispute resolution mechanism of choice for cross-border disputes. Although this is a global trend, recent years have seen a significant increase in the use of international arbitration to resolve disputes involving African parties.

President Ramaphosa’s call to action on the green economy in his newsletter this week signalled recognition of the need for South Africa to build its recovery based on a climateresilient economy fit for these unprecedented times. Please see full Publication below for more information.

A recent case decided by the High Court of South Africa dealt with the curious interplay of an employee’s rights as they arise from both a written contract of employment and labor legislation. Although the judgment may at first seem confusing, a careful analysis sheds light on how these parallel sources of rights and obligations operate in conjunction.

Africa could be playing a far greater role in the development of the global digital economy but it requires bold decisions if the continent is to influence global affairs, the global economy and the global imagination. This was the vision of economic change outlined in The Economist’s special Report on The African Century (May 2020). Please see full Publication below for more information.

Warren Buffett once said, “It takes 20 years to build a reputation and five minutes to ruin it.” Rarely can the ‘sage of Omaha’ be disputed, but on his point around timing, five minutes is a very long time in today’s real-time world when you’re dealing with a cyber-attack. Please see full Publication below for more information.

An increasingly common feature of the global mergers and acquisitions markets has been the use of warranty and indemnity insurance (“W&I Insurance”), also referred to as reps and warranties insurance. The use of W&I Insurance has been one of the more significant developments in M&A transactions in recent years. Although used on some South African transactions, W&I Insurance is not as commonly...

It is fair to say that although the South African mining industry represents 8% of our GDP, and employs approximately 450 000 people, by 2019 figures, it is SA's sweetheart industry. The mining industry was one of the first industries to be permitted to resume activities during the lockdown (and in some instances did not even fully shut down at all). Please see full Publication below for more...

With numerous sectors experiencing financial distress and companies and individuals facing the increased likelihood of insolvency as a result of the economic disruption caused by Covid-19, forensic practitioners will play a key role in supporting South Africa’s economic recovery. Please see full Publication below for more information.

Lack of cybersecurity preparedness continues to create problems and risks for companies in South Africa. Lack of cybersecurity preparedness continues to create problems and risks for companies in South Africa. The 2020 FTI Consulting Resilience Barometer, which polled more than 2,000 respondents from large companies across all G20 countries, reported that companies in the region are suffering...

Tobias Faber and Camilla Fröhlich from the Frankfurt office virtually interviewed Pete Frielinghaus, a resilience specialist and fellow of the Business Continuity Institute, on Business Continuity Management (BCM) in Africa and the implications of COVID-19 on BCM. Please see full Publication below for more information.

With more than 3 million cases worldwide, COVID-19 has not spared any continent. As of 14 May 2020, almost 50,000 cases of COVID-19 had been recorded across 52 countries in Africa, with over 2,000 deaths.