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Cabinet fails to approve IRP 2019: how does this impact the procurement of new energy projects?

Policy uncertainty for South Africa’s energy mix has discouraged investor confidence in South Africa’s energy sector. Without an updated policy there is no framework to procure the generation of new energy. The draft 2019 IRP supports an energy mix of coal, gas, nuclear and renewables….

The FIDIC Emerald Book 2019

The International Federation of Consulting Engineers (FIDIC) launched the first international standard form contract for tunnelling and underground works: the FIDIC Conditions of Contract for Underground Works for tunnelling and underground works, First Edition (2019) (the Emerald Book). Tunnelling and underground works are amongst the…

IPP Office commits to swift implementation of its procurement programme

On 19 August 2019, acting head of the IPP Office, Sandra Coetzee (who stepped into the role in July 2019 following the departure of Karen Breytenbach), confirmed in media reports there would be “no surprises” in the biding documentation once procurement activities resume for Bid…

Drones in construction projects: navigating the regulatory framework

RICARDO PILLAY, Director and Team Leader| Construction | Infrastructure | PPPs spoke at the Africa Drone Conference on 6 June 2019 on the interesting topic “Drones in construction projects: navigating the regulatory framework”.     Download Ricardo’s presentation here:   Drones – navigating the regulatory framework…

Employers and employees: disclosure of information on protest action

ATHI STOTO Director and Head|Employment|Dispute Resolution was interviewed by to Aldrean Sampear on POWERTalk on 1 July 2019. The topic of discussion was the case of an employee being dismissed for failing to disclose information to their employer about the misconduct of co-employees committed during a…

LNP Attorneys nominated by WOZA 2019

LNP Attorneys is very proud to be nominated by WOZA (Women in Law Awards) 2019 in the category “Best Law firm with less than 5 woman lawyers” as well as individual nominations for Nikita Lalla and Zama Ncgobo in the category “Best woman in alternate…

LNP Attorneys shortlisted in The African Legal Awards 2019

LNP Attorneys is humbled to be shortlisted in several categories by  The African Legal Awards 2019. Winners will be announced on 6 September 2019.    

Sur le nouveau code minier de la RDC – Promouvoir un meilleur développement économique et social ?

Le 09 mars 2018, la République démocratique du Congo (« RDC ») a promulgué son nouveau code minier, à savoir le Code Minier de 2018. Le Code Minier de 2018 modifie considérablement l’ancien code minier, le Code Minier de 2002. Le préambule du Code Minier de 2018 déclare que l’approche libéralisée adopté par le Code Minier de 2002…

On the new DRC mining code – to promote greater economic and social development?

On 09 March 2018, the Democratic Republic of Congo (“DRC”) promulgated its new mining code, namely the 2018 Mining Code. The 2018 Mining Code substantially amends the previous mining code, the 2002 Mining Code. The preamble of the 2018 Mining Code states that the liberalized…

Should we expect more private prosecutions for environmental crimes?

Private prosecutions for environmental crimes has always been a thorny issue in South African environmental law. In the recent case of Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd, the Gauteng Division of the High Court in Pretoria found BP Southern Africa (Proprietary)…

Video link conferencing extends and expands access to justice

“Giving evidence via video link conference or other social media mechanisms is a novelty in South African civil proceedings. Technology, with the necessary safeguards enhances the right to access to justice enshrined in the Constitution of the Republic of South Africa. There is a need…

Francophone Africa: a glimpse at the region | L’Afrique francophone – un aperçu de la région

Francophone Africa refers to the 24 countries in Africa which have French as either one of the official or main languages. Though the region shares aspects of a common culture due to a shared language and shared aspects of history: French colonization, the region is…

The Xolobeni Conundrum

Mining is one of the major contributors to South Africa’s economy. In recent months, South African courts have seen a series of judgments which pronounce and set legal precedent on the question of conflict of use between mining rights and rights to land. On the…

SONA2018 v SONA2019: a commitment to infrastructure development, but what’s missing?

President Ramaphosa’s message to the infrastructure sector in 2018 was hopeful: infrastructure investment was critical for economic growth, job creation, service delivery and small business empowerment. We saw a commitment to investing in new roads, power stations, and schools. The President recognised poor project implementation…

Public sector procurement and corruption: protecting those who speak out | PART 1

Public sector procurement and corruption: protecting those who speak out – PART 1   The ongoing commissions of enquiry have exposed procurement-related corruption in both the public and private sector. This raises questions about civil societies’ duty to report corrupt activities, but more importantly, what…

Expect more on the Mining Charter in 2019

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 economy and effective ownership of the…

Unfair dismissal: what constitutes employer discrimination?

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, including but not limited to…

Land Rights versus Mining Rights: What Mining Companies need to know

Land Rights versus Mining Rights: What Mining Companies need to know 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…

Clear drafting of notices and instructions in construction contracts

Notices and communications are often issued with little regard to the provisions of the contract, often resulting in disputes as to their validity. The importance of sufficiently detailed contractual notices was highlighted in the case of Oil States Industries (UK) Ltd v Lagan Building[1], which…

South Africa’s Climate Change Bill

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 Bill published…

First world country laws hamper growth of SA’s mining sector

The South African mining industry finds itself in a precarious position with the recent drop in international commodity prices and large-scale job cuts by major mining houses. With some mining companies closing operations and enacting cost-cutting measures, it is time for stakeholders in the mining…

A Mining Charter of compromise

On 27 September 2018, the Minister of Mineral Resources, Gwede Mantashe, published the Mining Charter, 2018. 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…

Legal fees: to cap or not to cap?

Capped legal fees:  walking the tight rope between value-based billing and sustainability.   Inundated with news of economic turmoil, businesses are trying to cut back in as many areas as possible, critically analyzing costs in uncertain conditions. In the race between affordability and excellent service,…

Are schedules to your agreement less important than the body of the agreement?

Think that the schedules to your agreements are less important than the body of the agreement? Think again.   Each Annexure and schedule in your contract is vital and a failure to ensure consistency or an understanding of the schedules to a contract, could lead to…