White & Case LLP (JD Supra South Africa)

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.

On 21 April 2020, the President of South Africa addressed the nation yet again to inform South Africans of additional economic and social relief measures to be put in place as a result of the novel coronavirus (“COVID-19”) pandemic...

South Africa's Integrated Resources Plan 2019 ("IRP") continues to espouse the need to balance supply and demand on a least-cost basis, and gives limited guidance in relation to the "Where from here?"

Several of the contemplated changes may improve South Africa's business climate - The operation of South African companies is regulated by the Companies Act of 2008 (the Companies Act), which replaced the Companies Act of 1973. In turn, the 1973 Companies Act replaced South Africa's first company legislation, the Companies Act of 1926.

Impact investing offers great potential for Africa - Most leading, modern investors have clearly defined values, mission statements and governance policies. In recent years, they have placed more emphasis on ensuring that investments reflect those values. Ethical investing, more accurately known as socially responsible investing (SRI), first manifested itself in taking greater care to avoid...

Africa offers great potential for renewable energy deployment and investment - Concerns about carbon emissions from traditional coal-fired power stations coupled with a projected tripling in African energy demand by 20301 make renewable energy essential to power generation on the continent. Lack of access to electricity is only one challenge that Africa faces, but it is one of the most...

Current LNG gas-to-power projects could successfully pave the way for other African countries - Liquified natural gas (LNG) is a rapidly growing source of energy around the globe for obvious reasons: It is cleaner, cheaper and considerably reduces greenhouse gas emissions.

Chinese engagement, investment and trade with Africa. China has a very long association with Africa. Historical records in China, confirmed by archaeological traces in East Africa, show that Admiral Zheng visited Africa twice during his voyages of discovery during the Ming Dynasty (1368 to 1644). According to some sources, trading ties between Africa and China may even extend further back, to...

1 Policy and law - What is the government policy and legislative framework for the electricity sector? Key policies South Africa energy policy is influenced by numerous policies including the White Paper on the Energy Policy of South Africa 1998 and the National Development Plan (NDP) which aims to eradicate poverty and reduce inequality by 2030. The NDP’s economic infrastructure...

The South African Department of Energy has issued an Information Memorandum in connection with the previously announced LNG-to-Power Independent Power Producer Procurement Programme. On 4 October 2016, the South African Department of Energy (DOE) issued a preliminary information memorandum (PIM) in connection with the previously announced 3,126 MW LNG-to-Power Independent Power Producer...

The South African Department of Energy has published an Expression of Interest calling on the private sector to indicate interest in developing a 600 MW gas-fired power project alongside one or more state-owned companies. This project will exist in parallel with South Africa's 3,126 MW LNG to Power IPP Procurement Programme. The EOI sets out the anticipated parameters of the 600 MW programme and...

On 11 May 2016, the South African Department of Energy announced a call for expressions of interest for the appointment of strategic partners to assist state-owned companies in the development of a 600 MW gas-fired power plant. It is anticipated that this 600 MW gas-fired power project will be developed alongside and in addition to the existing determination for the 3,126 MW gas-to-power program...

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 provisions of the recent amendments, effective from 1 May 2015, to the codes of good practice ("BBBEE...

Four Arrows Investments 68 v Abigail Construction (20470/2014) [2015] ZASCA 121 - In a recent judgment the Supreme Court of Appeal held that any sale of a portion of agricultural land, whether conditional or not, shall be prohibited unless the sale has been approved by the Minister of Agriculture (the "Minister").

On 1 November 2013, the South African Department of Trade and Industry made public a draft "Promotion and Protection of Investment Bill" (the "Draft Bill"). The Draft Bill is intended to promote investment by modernizing the current investment regime and giving investors, whether foreign or local, equal protections when investing in South Africa.