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...
Provided it is wholly separable from others, the severing of the bad part from the good part of an arbitration award after making a finding of gross irregularity in terms of section 33(1)(b) of the Arbitration Act 42 of 1965 (the “Act”) was permitted in Palabora...