close
scroll button
scroll to top
mining law expertise

credible difference

We are legal experts in ESG in Africa. We integrate environmental, social and governance considerations into all our advice as we journey with our clients towards sustainability and mitigating the risks of climate change.

 

PROVEN TRACK
RECORD
COMPREHENSIVE
OFFERING
NOVEL
SOLUTIONS
AFRICAN
FOOTPRINT
diagram diagram

Proven track record

ESG has undergone a dramatic shift from the periphery to centre stage in Africa, but the challenge is that requirements differ vastly from country to country.

Are you an investor wanting to better understand your risk, an investee looking to attract sustainable finance, or a corporate seeking to adapt to the new global zeitgeist by creating a strategy that aligns with ESG best practice, taxonomies and disclosure regulations?

It is crucial to seek guidance from experts who are based in Africa and who are knowledgeable, not only about the law, but also the socio-economic contexts and nuances of each unique jurisdiction on the continent.

We have a proven track record in handling large, complex, high profile work in the rapidly evolving environmental, social and governance space across Africa, and we are entrusted by major local and international clients to service their requirements, including identifying and remedying risks.

next

Comprehensive offering

We partner with our clients on environmental aspects by addressing risk and liability as a result of breaches of key legislation, pre-emptively mitigating and managing these risks, and representing borrowers and lenders in respect of green finance products and instruments. In particular, we are honoured to be a key player in facilitating renewable energy investments across Africa.

Our involvement in the social sphere of ESG includes working alongside our clients to further community development projects, as well as acting for impact investors and investees, and advising on occupational health and safety considerations. Our deep expertise in this area is a result of our firm’s longstanding involvement in CSI and our pro bono project with offices in impoverished communities, as well as partnerships with numerous local organisations in a diverse array of initiatives to uplift vulnerable people, promote enterprise development and protect the environment.

Our governance expertise includes advising on ESG policy and strategy for listed companies and stewards of capital, advising in respect of mineral regulation, and lobbying and engaging with regulators.

next

Novel solutions

With deep expertise at the dynamic nexus of the environment, sustainability and commerce, we help our clients to weave ESG into every aspect of their business through bespoke legal solutions that are innovative, commercially savvy and inspired by the greater good of our planet and society.

Our approach is always to gather together the best possible team of experts for your unique circumstances and requirements, drawing from our formidable line-up of lawyers across Africa who have deep specialisation in areas such as environmental law, finance, renewable energy, infrastructure, tax, employment, mining, corporate commercial, regulatory and governance.

In addition, by staying on top of the latest developments in ESG internationally, we are able to proactively help you manage risk and prepare for how global changes will impact your business in Africa, thereby protecting you from potential financial harm. Click here to learn more.

next

African footprint

Multi-jurisdictional businesses face significant risks, as well as the challenge of complying with vastly different laws and regulations.

We are Africa’s largest law firm, with offices in Eastern, Southern and Western Africa. With more than 600 specialist practitioners, we have deep expertise and the capacity to solve all your legal, tax, forensics and IP requirements, and help you navigate regulatory hurdles, no matter where in Africa you do business.

Because we have had many years of practical experience working on the ground throughout the continent, we have developed a proven track record and a solid understanding of local cultural, commercial and geopolitical contexts, as well as long-standing partnerships with trusted firms with whom we work.

As a result, we are able to undertake a multifaceted array of environmental and regulatory work across the entire African continent, where legislation and regulation are becoming increasingly stringent.

Because each of our experts is deeply specialised in their own jurisdiction, we can deliver detailed, country-specific ESG-related services that meet the requirements of investees and investors, and we can handle and co-ordinate even the most complex in-country, cross-border and multi-jurisdictional ESG work quickly, efficiently and with excellence.

The strength of the ENS team lies in the calibre of people at the firm
Legal 500 EMEA Guide
mining law team

team

mining law accolades

awards and rankings

ENS is recognised by leading international ranking agencies, including Chambers Global, Legal 500, IFLR1000, the World Tax Guide, and recently the Legal 500 Global Green Guide EMEA 2024 for achieving consistently high standards.

Furthermore, the firm is a regular recipient of regional awards such as DealMakers and the African Legal Awards.

Chambers GlobalLegal 500IFLR1000Dealmaker Awards
pull quote
the team is very professional and offers brilliant legal support at all times
Chambers Global Guide
pull quote
pull quote
the team possesses deep experience operating across the African continent
Chambers Global Guide
pull quote
pull quote
ENS in South Africa is at the forefront of the green transition in the region, regularly advising clients on a variety of areas ranging broadly from green hydrogen to sustainable fashion
Legal 500 Green Guide EMEA
pull quote
pull quote
the team has an active presence in waste management and heritage sites, including instances of community resistance to landfill developments and developments on or near to protected areas
Chambers Global Guide
pull quote
pull quote
ENS has an all-encompassing mining practice, advising a vast array of clients, especially large national and international mining houses, regarding… environmental, social, and governance (ESG) matters
Legal 500 EMEA Guide
pull quote
pull quote
ENS maintains a stellar reputation for its work in the mining sector, acting for clients on a range of contentious and non-contentious environmental law matters
Chambers Global Guide
pull quote
mining law offering

expertise

Anti‑bribery 
and corruption
Business and 
human rights
Carbon tax and 
carbon offsets
Climate change Corporate 
governance
Corporate social 
investment
Cyber risk 
management
Data privacy and 
protection and open finance
Due 
diligence
Empowerment and 
inclusion advice
Environment ESG disclosures 
and taxonomy
ESG policy and 
framework consulting
Governance Green finance and 
sustainability linked products
Impact investment and other 
social and responsible investments
Renewable energy and 
just energy transition
Reputation and 
crisis management
Social Stakeholder engagement 
and public participation
Supply chain analysis 
to reach net zero
Sustainable 
business
Sustainable 
finance
Toolkits and 
training
Treating 
customers fairly
Whistle‑blowing
mining law experience mining law experience

experience

ESG CAPITAL MARKETS
Experts in advising on ESG bonds in South Africa and offshore, and we have represented clients in listing ESG bonds and advising on sustainable bond issuances.
ESG CORPORATE POLICY
Leaders in the development of ESG policies for various corporates and participants in the financial services sector. Expert and highly specialised policy review advice to Africa’s largest asset manager, ensuring their ESG framework and related ESG operational policies are best of breed and in line with international best practice.
SUSTAINABLE FINANCE
Experienced lender and borrower counsel for raising and securing syndicated sustainability-linked borrowing base facilities, sustainability-linked real estate facilities and green loans. We have acted as lead counsel regarding a sustainability-linked loan for a borrower operating across several African jurisdictions, and lead lender counsel in a sustainability-linked loan for a South African corporate.
GOVERNANCE AND LAW REFORM
Extensive expertise on ESG in the extractives sector in numerous African jurisdictions. Advice for various African Governments regarding reform of mining, petroleum and environmental laws, including standardisation of key policy, legal and regulatory documents; the development of mining and petroleum sector toolkits, including operational guidelines, standard documents and model agreements; and the provision of capacity building services and workshops.

Our experience extends to benchmarking against international best practice and equipping governments and companies in the extractives sector to negotiate optimal agreements and arrangements.

Strategic advisers for the growth and development of economies through legal instruments in the extractives sector to promote sustainable, and long-term growth
CLIMATE CHANGE
Our practitioners have a current and detailed knowledge of the evolving international climate change policy arena, carbon market legislation as well as Climate Change regulation and policy development. ENS has assisted clients in South Africa in submitting detailed comments on the proposed Climate Change Bill.
GREEN HYDROGEN
Advice regarding a feasibility study within the scope of Namibia’s Southern Corridor Development Initiative (SCDI) which plans to grow a significant green hydrogen production industry in the Tsau-Khaeb Sperrgebiet National Park, including a fully integrated green hydrogen production and export facility, with an estimated capacity of 300 000 metric tons of green hydrogen.
RENEWABLE ENERGY
Advised multiple, international independent power producers during the bidding process of the biggest national Independent Power Producer program in Africa, namely the Renewable Energy Independent Power Producers Procurement Programme (“REIPPPP”). The REIPPP Programme is critical to South Africa’s transition to a low carbon economy.

We have also advised participants in the Namibia Renewable Energy Feed-In Tariff programme. Advice regarding the development of the first biomass power station in Namibia which will produce electricity fuelled by encroacher bush. Advice regarding a 5 MW photovoltaic solar plant to be developed in Namibia, with licences under the Namibia Renewable Energy Feed-In Tariff programme.
ENVIRONMENTAL LIABILITY
Expert advice in respect of shareholder, lender and holding company liability as well as risk of director liability and liability for prescribed officers for the acts and omissions of companies. Advice in respect of all aspects of environmental law. Engagement with the regulator and appearance in environmental tribunals for environmental related infringements. Regulatory advice in respect of cradle-to-grave waste related obligations and extended producer responsibility.
WATER RISK MANAGEMENT
Disaster mitigation advice for a city in South Africa during acute water shortages after three years of drought, including water law considerations and proposed extreme measures to be implemented in the event of “day zero”.
BIODIVERSITY AND ECO-CONSERVATION
Acquisition of a Namibian private game reserve with the greatest biodiversity outside of the Etosha National Park. Part of a team of advisors to develop an innovative financing strategy to provide a nature-positive investment approach that uplifts the biodiversity, carbon and nature components of the Greater Kruger Landscape, while also uplifting communities and reducing poverty through compatible enterprises. We are part of the project team advising private investors regarding investments in flagship eco-conservation areas such as the Timbavati Private Nature Reserve, the Sabi Sands Game Reserve, the Singita Game Reserve and other wildlife areas developed and/or managed by the Singita group.
CAPACITY BUILDING AND ESG TRAINING
Participating in the African Loan Markets Association regional think tank re developing guidance for the market in deploying sustainable finance instruments. We have also been mandated in the financial services industry to provide capacity building and training to transactors deploying and negotiating sustainable finance instruments. We have also trained the board of a large petrochemical company on fiduciary duties in respect of material ESG considerations.
COMMUNITY ENGAGEMENT
Lead drafters in compiling a first-of-its-kind Toolkit on Local Development and Community Engagement in Africa for the World Bank, in partnership with the Africa Mining Legislation Atlas and African Legal Support Facility, for use by various African Governments for the reform of mining and environmental laws.
CARBON MARKETS
We have advised in the structuring of a platform for the scaling of regenerative agricultural projects in South Africa to allow for financial benefits to be realised arising from the issuance of carbon credits and have prepared the related co-management agreements. Through our network of carbon market experts, we have been responsible for some of the most significant climate and carbon legal work in Southern Africa, including the full range of climate change, carbon market and strategic advice to the public and private sectors.
CARBON TAX
Carbon tax advice in respect of a Johannesburg electricity distributer’s power purchase agreement with a power station, and the sale of carbon credits.
BUSINESS AND HUMAN RIGHTS
Advice in respect of human rights, including providing pro bono assistance to an international law firm regarding the South African section of a project co-ordinating a global mapping survey to determine which countries recognise the human right to a healthy environment.
EMPOWERMENT IN MINING
Advice for various mining companies in South Africa in respect of Mining Charter Compliance, as well as Broad-Based Black Economic Empowerment in the mining sector.
EXPOSING CORRUPTION
Representing whistle-blowers and affected parties in exposing corruption, including a fact-finding review into allegations of corruption at a subsidiary of a listed South African IT firm, as well as advising re governance and compliance across the rest of that group.
ANTI-BRIBERY COMPLIANCE
Extensive experience in anti-bribery compliance for various firms across Africa, including anti-corruption compliance support, compliance advice, fact-finding investigations, due diligence screening, risk assessments, remediation and control review, control enhancements, training and monitoring to ensure compliance and prevent corporate crime.
mining law news

news

 

expertise