ENSafrica is entrusted by major local and international mining clients to develop innovative solutions to meet their individual needs across the full spectrum of legal services in the mining sector.

Our dedicated mining team offers you comprehensive assistance with all your legal matters throughout Africa, including guiding you in establishing in-country and cross-border operations.

We have a solid reputation for acting on large, complex, high-profile transactions, and we are renowned for our ability to manage risk and leverage opportunities.

Our key differentiator is that we not only have a deep understanding of the commercial and regulatory aspects of the mining business, but we also have a very strong technical expertise and understanding of mining and metals.

We also have the unique advantage, as part of Africa’s largest law firm, of being able to harness the expertise of more than 600 practitioners throughout the continent.

ENSafrica has a significant breadth and depth of experience and specialist expertise that spans all commercial areas of law, tax, forensics and IP.

As such, we regularly partner with specialists across the firm (in areas such as mine and occupational health and safety, project development and project finance, banking and finance, regulatory, corporate commercial, environment, tax, and insolvency, business rescue and debt recovery), meaning that we are able to assist with all aspects of all matters across all sectors in all African jurisdictions, ensuring that your legal requirements are handled quickly and seamlessly.

noted for its activity on big-ticket mining matters
— Chambers Global Guide 2018

what we offer

Our experience and expertise covers all aspects of mining law and related areas in Africa, including:

  • access to mines, and land and surface use matters
  • advice in relation to mineral royalties
  • agreements associated with the structuring, development, operation and maintenance of projects
  • all aspects of regulatory and compliance matters, including mining and mineral titles
  • community development and stakeholder management
  • competition / anti-trust law, licensing assistance, and exchange control approvals
  • construction and engineering law
  • corporate commercial, including mergers and acquisitions, and corporate formation and structuring (such as joint ventures and alliances)
  • due diligence investigations for all aspects of mining and natural resources matters
  • employment law, employee tax structuring, immigration and human capital
  • environmental matters, including regulatory issues, devising environmental and climate change strategies required as components of infrastructure development projects, and advising on the implementation of the carbon tax and greenhouse gas emissions reduction strategies
  • forensic investigations, consulting and anti-bribery compliance
  • insolvency, business rescue and debt recovery
  • intellectual property
  • listings on the JSE, AltX, ASX and AIM
  • local empowerment matters, including broad-based black economic empowerment (South Africa)
  • mine and occupational health and safety
  • mining-related dispute resolution and litigation
  • project finance, capital raising and sophisticated funding arrangements
  • public sector law
  • support on administrative and constitutional law issues applicable to mining projects
  • tax, mining tax, exchange control and transfer pricing
  • upstream, midstream and downstream oil and gas industry activities
frequently advises local and overseas mining clients on acquisitions, divestitures and regulatory compliance, and remains especially well regarded for its mining health and safety practice. Equally well versed in contentious work
— Chambers Global Guide 2018
Interviewees value the firm’s deep bench and remarkable work capacity. They say: What I like about ENS is that they have some serious pace. They can get work done quickly.
— Chambers Global Guide 2018
clients value the firm’s diligent approach and understanding of the local market, stating that the team is excellent, adding: they’ve been extremely helpful with a wide and extensive understanding and scope of the local conditions
— Chambers Global Guide 2018

experiENS

USD2.5 BILLION
USD2.5-billion acquisition of the Stillwater Mining Company in the United States of America by South Africa’s Sibanye Gold, transforming it into a global mining giant. This deal won the 2016 DealMakers Deal of the Year Award.
USD472-million
USD472-million disposal by Total SA of 100% of the issued share capital of Total Coal South Africa and its related export marketing rights through the Richards Bay Coal Terminal to Exxaro Resources.
USD150-million
USD150-million financing by Red Kite Mining Finance Trust of Keegan Resources (Ghana) to acquire the mine and mining assets of the Adansi Gold Company.
ZAR3-billion
ZAR3-billion development of Ledjadja Coal’s mine and a new rail link for export market access. This is one of the largest project finance transactions in the South African coal industry.
ZAR150-million
ZAR150-million disposal by AngloGold Ashanti of its Kopanang Mine, the West Gold Plant and related infrastructure.
Development
Development of the Fekola gold mining project in Mali by Papillon Resources, as well as the merger between Papillon Resources and B2Gold (Canada).
Disposal
Disposal of non-core assets (a selection of high-quality aluminium, coal, manganese, nickel and silver assets) by BHP Billiton to new company South32, and distribution of shares in South32 to BHP Billiton shareholders.
Financing
Financing and development of a copper and cobalt mine in the Democratic Republic of Congo by a Chinese company, including infrastructure such as roads, a power plant and a concentrator.
Development
Development of mining and energy capacity building, as well as a beneficiation strategy, for the Government of Uganda.
Development
Development of the Syama gold mining project by Resolute Mining and its subsidiaries in Mali, including the Syama electricity grid connection project.
other sources describe the firm as very commercially minded and very strong on the M&A side, while one remarked: they’re by far the most visible of all the firms on transactional mining
— Chambers Global Guide 2018

contact

Otsile Matlou

chief operating officer
omatlou@ENSafrica.com

Lloyd Christie

executive
lchristie@ENSafrica.com

expertise

expertise

African regulatory and business intelligence
agribusiness
Asia
aviation
banking and finance
Broad-based black economic empowerment (B-BBEE)
competition/antitrust
corporate commercial
dispute resolution
employment
environment
fiduciary
fintech
forensics
immigration
India
insolvency, business rescue and debt recovery
insurance
intellectual property (IP)
intelligENS
mine and occupational health and safety
mining
private clients
private equity
pro bono and corporate social investment
project development and project finance
real estate / property
shipping, ports and logistics
tax
technology, media and telecommunications