Mining and mineral law in South Africa is both legally and
administratively complex. Cliffe Dekker Hofmeyr has an enduring and in-depth
association with the mining industry and its M&A team has developed
considerable experience and expertise in all facets of this field.
We have acted for various South African and international mining
entities with regard to the following:
- Transfer and registration of mining rights
- Applications for prospecting and mining rights and
conversions thereof
- Conducted numerous independent verifications of mining and
prospecting titles, surface rights, royalty entitlements and land titles
- Conducted numerous due diligence investigations in respect of
mining titles in South Africa for the purposes of proposed acquisitions or
restructuring transactions
- Acted for various mining houses in relation to and has
extensive experience in defending land claims under the Restitution of Land
Rights Act. This area of law classically involves native title and
understanding the history of land title and land usage in South Africa. We have
also been involved in disputes regarding access to land in order to exercise
rights to prospect and to mine as well as successful community relocation
projects.
From a dispute resolution point of view, our clients are some of
the largest mining companies in the world and as a result we have had
substantial exposure to the full range of issues which face mining companies.
We have represented clients on issues such as a dispute with other mining
companies regarding the pumping of underground water; the ownership of mineral
rights relevant to a rich diamond deposit in the North West Province of South
Africa and a dispute with third parties over the acquisition of shares in a
third party investment opportunity.
