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Mining | South Africa

Mining continues to be a focal industry in South Africa and our economy. CMS South Africa works with local and global mining clients in realising their strategic goals. 

Our dedicated team of multidisciplinary lawyers, some of whom have experience working in mining houses, have built a strong track record for acting on large, complex, high-profile transactions.  We are known for our agility, versatility and ability to manage risk and leverage opportunities.

Working with our local CMS Africa colleagues based across Southern, Lusophone and Francophone offices, we are wherever you need us. 

What we offer

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

  • anti-bribery and corruption compliance
  • Black economic empowerment structuring and transactions
  • commercial disputes, including dispute resolution, litigation, arbitration and mediation
  • corporate and forensic investigations 
  • due diligence investigations
  • financing, including assets, projects and trade and commodity finance and derivatives
  • insolvency, business rescue and debt restructurings and recovery
  • joint ventures
  • liaising with the Department of Mineral Resources
  • listings on various stock exchanges including the JSE, AltX, ASX and AIM
  • mergers and acquisitions
  • mineral rights and titles, including licensing, prospecting, mining, royalty and development agreements
  • The Mining Charter
  • negotiating specific agreements, including purchase, contractorship, operating and maintenance agreements, tolling agreements
  • property rights and titles
  • regulation, including occupational health and safety, competition and employment law
  • Section 11 applications
  • statutory claims arising from mining activities
  • support on administrative and constitutional law issues applicable to mining projects
  • tax, including corporate tax, mining tax, commercial projects, exchange control and transfer pricing 
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7 October 2019
CMS ex­pands in Africa
Frank­furt, 7 Oc­to­ber 2019. CMS an­nounces that RM Part­ners and Daly & In­am­dar Ad­voc­ates, based in South Africa and Kenya re­spect­ively, have today joined the lead­ing glob­al law firm. Go­ing for­ward, they...
18 March 2020
#1ex­pert1minute – CMS ex­perts on the im­pact of Cov­id-19
In our series #1ex­pert1minute, CMS ex­perts talk about the im­pact of COV­ID-19 on busi­ness and what busi­ness lead­ers should do at the mo­ment. Find the videos be­low.

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23/03/2021
Min­ing com­pan­ies can em­brace 4IR and work along­side la­bour uni­ons to­wards...
In his ad­dress to this year’s In­vest­ing in Africa Min­ing In­daba last month, Pres­id­ent Cyril Ram­a­phosa said: “A safe and healthy mod­ern min­ing sec­tor is one that is com­pet­it­ive, at­tract­ive for in­vest­ment...
09 April 2021
EX­XARO RE­SOURCES LIM­ITED
 EXX – Vol­un­tary an­nounce­ment: Dis­pos­al of the equity in­terest in Ex­xaro Coal Cent­ral Pro­pri­et­ary Lim­ite­dEXXARO RE­SOURCES LIM­ITED In­cor­por­ated in the Re­pub­lic of South Africa (Re­gis­tra­tion Num­ber:...
10 March 2021
Four things the gov­ern­ment can do to in­crease min­ing’s GDP con­tri­bu­tion...
The cur­rent col­lab­or­at­ive re­la­tion­ship between the min­ing in­dustry and the South Afric­an gov­ern­ment can be en­hanced to pro­mote great­er ef­fect­ive­ness by the in­dustry  and to achieve the gov­ern­ment’s...
1 February 2021
Cov­id could have a pos­it­ive im­pact on min­ing in the long run
Des­pite chal­lenges posed by Cov­id-19, vary­ing de­mand for com­mod­it­ies, re­duced ex­port in­comes and high­er oc­cu­pa­tion­al safety costs, there is re­newed hope that, as the min­ing in­dustry is forced to relook...