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mining

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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

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 have a prominent presence in mining in East Africa, Southern Africa and Francophone Africa, where we have French-speaking lawyers who practise French law.

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.

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

experience

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.
ZAR150-million
disposal by AngloGold Ashanti of its Kopanang Mine, the West Gold Plant and related infrastructure.
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.
Development
of mining and energy capacity building, as well as a beneficiation strategy, for the Government of Uganda.
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.
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.
Development
of the Fekola gold mining project in Mali by Papillon Resources, as well as the merger between Papillon Resources and B2Gold (Canada).
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
of the Syama gold mining project by Resolute Mining and its subsidiaries in Mali, including the Syama electricity grid connection project.
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.