The year 2018 saw the gazetting of the Broad-Based Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2018 (the Mining Charter). Its chief end is to give effect to meaningful economic participation, integration into the mainstream...
Section 187 (1) of the Labour Relations Act (“LRA”) states that a dismissal is automatically unfair if, amongst others, the reason for the dismissal is “that the employer unfairly discriminated against an employee, directly or indirectly, on any arbitrary ground,...
Conflict of use between holders of mining titles and surface owners is not a new phenomenon. Even before the Mineral and Petroleum Resources Development Act, 2002 came into force in 2004, the mining sector in South Africa was rigged with this tension. On the one hand,...
South Africa, like the rest of world cannot deny the effects of climate change. These changes range from severe weather events such as droughts and extensive floods to rises in sea levels affecting countries across the world in devastating ways. The Climate Change...
Project managers and engineers are often entrusted with the important task of issuing notices and instruction in construction projects. These notices and communications are frequently issued with little regard to the provisions of the contract, resulting in disputes...
In language similar to previous charters, the Mining Charter, 2018 aims to give effect to meaningful economic participation, integration into the mainstream economy and effective ownership of the country’s mineral resources to historically disadvantaged persons. The...
