Category Archives: Uncategorized

The impact of EU Corporate Sustainability Due Diligence Directive and the Carbon Border Adjustment Mechanism on African businesses and opportunities for competitive advantage

The impact of EU Corporate Sustainability Due Diligence Directive and the Carbon Border Adjustment Mechanism on African businesses and opportunities for competitive advantage Two recent legal developments in the European Union (EU) are likely to have a significant impact on African companies that supply resources to the EU. The first of these developments is the […]

Navigating Africa Energy Week: Strategic Imperatives for Investors and Developers

Navigating Africa Energy Week: Strategic Imperatives for Investors and Developers At Africa Energy Week (AEW) the spotlight once again falls on the continent’s vast energy potential—and the strategic challenges that accompany it. For mining houses, infrastructure developers, financiers, and agricultural operators, AEW is a platform to align business ambitions with Africa’s evolving energy and sustainability […]

Comments on the Draft Appeal Regulations

Comments on the Draft Appeal Regulations On 25 August 2023, the Minister of Forestry, Fisheries and the Environment (“the Minister”) published Draft National Appeal Regulations, 2023 (“the Draft Appeal Regulations”) calling on parties to submit their comments by 25 September 2023. The Draft Appeal Regulations seek to address some of the current deficiencies with the […]

Navigating investigations by the Environmental Management Inspectorate

Navigating investigations by the Environmental Management Inspectorate Every year, during November, we see unplanned inspections by the Environmental Management Inspectorate (“EMI”) followed by the issuing of compliance notices under the National Environmental Management Act, 1998 (“NEMA”), the National Water Act, 1998 (“NWA”) and other specific environmental legislation. As a result, we thought it prudent to […]

How can your supplier and contractor agreements improve your ESG Performance?

How can your supplier and contractor agreements improve your ESG Performance? At its core, Environmental, Social and Governance (ESG) matters refer to the risks and opportunities that could impact a company’s ability to create value over the long term – and how the company is managing those risks and taking advantage of those opportunities to […]

Navigating Regulatory Horizons: Legal Implications of the 2024 Fraser Institute Mining Survey for SADC Investors

Navigating Regulatory Horizons: Legal Implications of the 2024 Fraser Institute Mining Survey for SADC Investors In the high-stakes world of mining investment, where geological promise meets the unpredictable currents of policy and regulation, the annual Fraser Institute Survey of Mining Companies serves as a critical barometer. Released in July 2025, the 2024 edition­based on responses […]

Reducing permitting red tape and environmental assessments under the Equator Principles

Reducing permitting red tape and environmental assessments under the Equator Principles Governments, especially in developing countries, often push to reduce red tape or streamline regulatory approval processes to attract foreign investment, facilitate infrastructure development projects and stimulate economic growth. The rationale behind this approach is: Investors are attracted to faster and less complicated approval processes. By […]

Summary of Newly Published Waste Management Licence Regulations 

Summary of Newly Published Waste Management Licence Regulations Introduction The Minister of Forestry, Fisheries and the Environment has published two interlinked notices under the National Environmental Management: Waste Act, 2008 (“NEMWA”) on 10 December 2025: Notice Calling Upon Certain Persons to Apply for a Waste Management Licence in GN 53831 GG 6938 of 10 December 2025; and […]

The Integrated Resource Plan 2025 and the Role of Gas in South Africa’s Energy Transition

The Integrated Resource Plan 2025 and the Role of Gas in South Africa’s Energy Transition The Integrated Resource Plan 2025 (“the IRP 2025”), published in the Government Gazette on 28 October 2025, sets out South Africa’s latest blueprint for electricity planning. Its core finding is unambiguous: to keep the lights on as ageing coal plants retire, the country needs 6 […]

Case Note: Golden Core Trade and Invest (Pty) Ltd v Merafong City Local Municipality and Another (CCT 296/23) [2025] ZACC 27 (15 December 2025)

Case Note: Golden Core Trade and Invest (Pty) Ltd v Merafong City Local Municipality and Another (CCT 296/23) [2025] ZACC 27 (15 December 2025) KEY FINDINGS An unreviewed appeal decision by the Minister renders all subsequent municipal tariffs premised on the same impugned tariff determination unlawful. Section 8(9) of the WSA constitutes a constitutionally permissible regulation of […]