Mining and Minerals

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.