MINING

  • Acted for Canadian listed diamond exploration and mining company with its mining operations in Botswana, on the various cross-border transactions that included the appointment of a new mining services contractor, as well as drafting and negotiating it’s mining services contract, O&M contracts, EPC contracts and EPCM contracts with various onshore and offshore contractors.
  • Acted for Canadian listed diamond exploration and mining company with its mining operations in Botswana, on a cross-border transaction that included, drafting and negotiating a contract addendum to its mining services contract and O&M contracts with various onshore and offshore contractors.
  • Assisted a mining company in drafting a bespoke EPCM contract, various construction contracts based on the FIDIC Red Book, an early works agreement based on the FIDIC Green Book, bespoke supply agreements, as well as security documents and ancillary contract documents for a project in the Democratic Republic of the Congo.
  • Represented a mining company in an urgent application arising out of a FIDIC subcontract agreement for the development of a mine in the Democratic Republic of the Congo.
  • Drafted an EPC/Turnkey agreement for the development of a coal mine and ancillary infrastructure. The agreement was based on the FIDIC Silver Book.
  • Assisted a mining company in reviewing and negotiating an agreement for the operation and maintenance of a coal processing plant. The agreement was based on the FIDIC Gold Book.
  • Advised a French multinational corporation that specialises in energy management and automation solutions on the NEC3 Supply Contract for the supply and installation of a MV Air Insulated Switchgear Assemblies and Battery Tipping Unit’s at the Venetia Underground Project.
  • Assisted in drafting mining services contracts for the appointment of a mining contractor to a diamond process plant in Botswana. The mandate included drafting and negotiating on-shore and off-shore EPC contracts with a bridging agreement.
  • Conducted a due diligence on behalf of the world’s largest metal company in a transaction that saw the merging of two of the largest steel companies in the world. This was a merger of equals, where the one company was based in the United States of America and the other company was based in Spain, with South African subsidiaries.
  • Advised a leading international bank in relation to its investment into a mining company listed on the Johannesburg Stock Exchange and Australian Stock Exchange with regards to a coal mine being established in the Limpopo Province.
  • Advised Village Main Reef on whether it could transfer its rehabilitation liabilities in line with the provisions of the Mineral and Petroleum Resources Development Act.
  • Advised Butsanani Energy Investment Holding, a joint venture between Anglo American Zimele (Proprietary) Limited and Vunani Mining (Proprietary) Limited in its acquisition of certain coal assets from Exxaro Resources Limited. A due diligence exercise was conducted on coal assets at Exxaro’s Inyanda Mine.
  • Advised the Joint Provisional Liquidators on a number of matters in connection with the liquidation of the Blyvooruitzicht Gold Mining Company Limited, a company in provisional liquidation, and the disposal of Blyvoor Mine and mine assets.
  • Advised the Joint Provisional Liquidators of Cons Murch Mining Company Limited (in provisional liquidation) on a number of matters in connection with the disposal of the Cons Murch and the mine assets to Stibium Mining (Proprietary) Limited.
  • Advised Keaton Energy Holdings Limited in respect of the establishment of the Vanggatfontein Colliery and drafted mining contractorships required for the development and operation of the Keaton Energy Mine situated near Delmas, Mpumalanga Province.
  • Advised Platinum Mile (Proprietary) Limited and Mineral Capital Assets (Proprietary) Limited in an appeal and objection lodged against a prospecting right application submitted by Writer Star, a subsidiary of Sable Platinum (Proprietary) Limited.
  • Represented one of the world’s largest gold manufacturing companies in a class action relating to silicosis claims made by several thousand individuals who were employed by various gold mining companies across South Africa.
  • Assisted with investigations, international and local arbitrations and court proceedings which were instituted in the high court and finalised in the constitutional court. The dispute related to a breach of contract between a well-known South African mining magnate and an international mining company.
  • Advised the Chamber of Mines of South Africa on the proposed amendments to the financial provisioning regulations for the mining industry and participated in the various iterations with stakeholders ranging from National Treasury, Insurance Industry, Business South Africa in 2016.
  • Advised on a joint venture between major players in the mining industry for the acquisition of certain coal assets from a renowned coal producer.
  • Advised leading mining company in its acquisition of Rustenburg Platinum Mines’ (RPM) Rustenburg mining operations and processing operations consisting of five mining operations) – This was the most significant M&A activity in the mining industry in 2015. The acquisition involved the consolidation of about nine separate mining titles to create a super mining title encompassing all five operations being sold. It also involved the carving out of the RPM smelting operation.
  • Advised the largest chrome producer in the People’s Republic of China for the acquisition of a chrome mine in South Africa in 2017 – 2018.
  • Represented a listed platinum mining company’s general manager and mining manager at the Theunissen Magistrate Criminal Court.
  • Advised and represented one of the world’s largest gold manufacturing companies in a landmark case, at the South Gauteng High Court relating to the Department of Mineral Resources rights to issue a section 54 closure notice.