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ENSafrica

Tax incentives are essential for getting South African mining exploration investment back on track

In April 2022, the Fraser Institute published the “Survey of Mining Companies 2021”, where investors weighed in on what mineral endowments and public policy factors, such as regulatory uncertainty and taxation, impacted their decision to invest in exploration in a region...

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Werksmans Attorneys

A new reality for illegal miners and the ‘zama zamas’?

Illegal mining is a critical challenge in the South African mining and minerals industry. In response to this chall..

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ENSafrica

Advertising Regulatory Board: a major development

On 12 April 2022, The South African Supreme Court of Appeal ruled that the Advertising Regulatory Board is entitled to consider and make decisions on the advertising of non-members, and guide its mem..

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Cliffe Dekker Hofmeyr

The Deadly Air Case: How the High Court confirmed the right to a healthy environment

The National Environmental Management: Air Quality Act 39 of 2004 (NEMAQA) authorises the Minister of Forestry, Fisheries and the Environment (Minister) to declare a priority area if it is reasonably believed that the National Ambient Air Quality Standards are or may be exce..
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ENSafrica

Mine Community Resettlement Guidelines published for implementation

Mining operations have the potential to displace individuals and communities, resulting in the loss of income, loss of physical and non-physical assets (including homes), productive land, subsistence, resources, cultural sites, social structures, networks and ties, cultural ..
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Werksmans Attorneys

Is South Africa in a state of procurement limbo? Where to from here, for now?

Public procurement in South Africa is undeniably tied to the country’s socio-economic objectives and is an important tool to achieve transformation. Recently, the Constitutional Court (“ConCourt”) in the matter of Minister of Finance v Afribusiness NPC and Ot..

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ENSafrica

A trade mark case with soul

The trade mark judgment of Golden Fried Chicken (Pty) Ltd v Soul Kitchen Restaurant is highly unusual. While the judgment is certainly interesting, it’s not always easy to follow and is worth unpacking.

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ENSafrica

Policy to formalise artisanal and small-scale mining in South Africa published

A policy published on 30 March 2022 by the South African Minister of Mineral Resources and Energy aims to create a formalised, sustainable artisanal and small-scale mining (“ASM”) industry in South Africa, to eliminate illegal ASM..

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Webber Wentzel

Competition Commission increases focus on digital economy

​​​​​​​​In 2020, the South African Competition Commission made clear its intention to increase its focus on the digital economy in South Africa. In its paper Competition in the Digital Economy, the Commission appeared to effectively provide a blueprint for its approach to..

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