Qualifications:
- BA LLB
- Attorney of the High Court of South Africa
Hulme Scholes
Hulme is a director of Malan Scholes Inc. He was admitted as an attorney in 1994. His area of expertise is in mining and environmental law and dispute resolution. He has in-depth knowledge of mineral rights issues and BEE transactions in this industry. He sat on the boards of various mining companies as an executive and non-executive director and has a practical understanding of the industry, having begun his career as a Learner Official on the then Rand Mines Limited Harmony Gold Mine.
Hulme is recognised by Best Lawyers® (2020) for his expertise in mining law.
Recent Experience:
- Reviewing and advising on the Mining Charter(s), including drafting and launching the application in the High Court of South Africa, Pretoria, to challenge the validity of the Mining Charter(s) (2016; 2017).
- Advising the purchaser, Seriti Coal (Pty) Ltd, on the sale of the South African Anglo American PLC’s coal assets (2017).
- Counsel for ERPM and DRDGold Ltd in the Silicosis class action (2015, 2016, 2017).
- Acted for numerous mining houses in review applications against decisions taken (or a failure to take a decision) by the regulators of mineral resources, water and sanitation and environmental affairs, including decisions in respect of mining and prospecting right applications, section 11 applications and appeals.
- Drafting of numerous appeals in terms of the Mineral and Petroleum Resources Development Act, 2002, the National Environmental Management Act, 1998, the National Water Act, 1988 and the Mine Health and Safety Act, 1996.
- Advising clients on the BEE obligations contained in the Mineral and Petroleum Resources Development Act, 2002 and the Mining Charter(s).
- Advising clients on the payment of royalties in accordance with the provisions of the Royalties Mineral and Petroleum Resources Royalty Act, 2008 and the Royalties Mineral and Petroleum Resources Royalty (Administration) Act, 2008.
- Advising clients on and assisting clients in determining whether there are land claims in respect of properties.
- Advising clients on the civil and criminal liability of directors, in their personal capacities, for the failure of a company to comply with environmental legislation.
Qualifications:
- BCom LLB
- Certificate in Advanced Company Law 1
- Certificate in Mining and Prospecting Law
- Attorney of the High Court of South Africa
Serika Singh
Serika is a director of Malan Scholes Inc. She was admitted as an attorney in 2011. Her area of practice is dispute resolution. She primarily deals with High Court, Supreme Court of Appeal and Constitutional Court litigation matters with a focus on administrative law, mining and environmental law, land-use and commercial litigation.
Recent Experience:
- Acted for numerous mining houses in review applications against decisions taken (or a failure to take a decision) by the regulators of mineral resources, including decisions in respect of mining and prospecting right applications, section 11 applications and section 96 appeals.
- Acted for Samancor Chrome Limited in successfully opposing a review application in the matter of Samancor Chrome Ltd v VDH Holdings (Pty) Ltd and Others [2020] JOL 48272 (SCA).
- Acted for numerous mining houses in internal appeals in terms of the section 96 of the Mineral and Petroleum Resources Development, 2002 against decisions taken by the regulators of mineral resources.
- Advised and acted for clients in relation to eviction applications.
- Advised numerous mining houses on their rights to access prospecting and mining areas and disputes in relation to lease agreements over prospecting and mining areas.
- Advised and acted for clients in relation to land claims over mining areas.
- Advised mining houses in relation to notices issued to mining houses in terms of section 93 of the Mineral and Petroleum Resources Development, 2002 and section 54 of the Mine Health and Safety Act, 1996 to stop mining operations.
- Acted for clients in numerous urgent court applications, including applications to interdict unlawful stoppage of mining operations and illegal mining.
- Advised and acted for clients in legal proceedings regarding commercial disputes relating to, among others, shareholder agreements, memoranda of incorporation, coal supply agreements and contract mining agreements.
- Advised and acted for clients in legal proceedings regarding directors’ duties and liabilities.
- Advised and acted for clients in legal proceedings regarding tailings dumps.
- Advised and acted for clients in legal proceedings relating to the development of a Solar PV plant.
Qualifications:
- LLB
- Attorney of the High Court of South Africa
Hloni Mokoena
Hloni is a director of Malan Scholes Inc. He was admitted as an attorney in 2011. His area of practice is dispute resolution with a focus on administrative law, property law, municipal law, land use and commercial litigation. His experience includes litigating in the Magistrate’s Court, High Court, Supreme Court of Appeal and the Constitutional Court. Hloni has assisted in drafting proposed amendments to the Johannesburg Town Planning Scheme, Municipal Policies regarding Housing, Credit Control and Debt Collection and Security Access Restrictions. He has acted in various matters pertaining to local government regarding municipal regulatory requirements, administrative law, constitutional law, housing law, expropriations, town planning, by-law enforcement, property rates and revenue matters.
Alongside his extensive experience in acting on behalf of organs of state, Hloni has represented large corporations based in the mining and banking sectors in various commercial and litigious matters.
Recent Experience:
- Acted for the City of Johannesburg in the Constitutional Court case of City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal and Others, relating to the constitutional competency of local and provincial government respectively.
- Acted on behalf of the City of Johannesburg in the landmark housing case of The City of Johannesburg v Blue Moonlight 39 (Pty) Ltd and Others, which related to the local authority’s constitutional obligations in terms of section 26 of the Constitution and the provision of temporary emergency accommodation to evictees from privately-owned land.
- Advised the City of Johannesburg regarding its Special Process for the Relocation of Evictees policy and proposed amendments to the National Housing Code.
- Acted on behalf of various municipalities in the acquisition of land through expropriation for the purposes of social housing and township developments. This included acting on behalf of those municipalities in litigation and administrative challenges that arose from such expropriations.
- Acted on behalf of a mortgage-lender regarding the practical difficulties and legal issues involved in securing payment of the relocation assistance subsidy referred to in the National Housing Code, 2000, which included a consideration of subsidy beneficiaries who were deceased.
- Acted for Assmang Ltd in defending a delictual damages claim instituted by a psychologist in relation to a complaint laid by the mine with the Health Professions Council of South Africa.
- Acted for the Ekurhuleni Metropolitan Municipality in opposing a claim for compensation in the amount of R47 million in terms of the Expropriation Act.
- Acting on behalf of the City of Johannesburg in opposing a R260 million damages claims, for alleged services rendered by a contractor to the local authority in the absence of a proper and lawful tender process.
- Acted for the City of Johannesburg Metropolitan Municipality in opposing Constitutional damages claims instituted by a building owner of an unlawfully occupied building in the Inner City.
- Acted on behalf of a local authority in opposing a judicial review instituted by various property developers seeking to set aside the local authority’s residential sanitation tariff.
Qualifications:
- LLB LLM (Marine and Environmental Law)
- Attorney of the High Court of South Africa
Lia Bolz
Lia is a director of Malan Scholes Inc. She was admitted as an attorney in 2013. Her areas of expertise are mining and environmental law and dispute resolution.
Recent Experience:
- Advised on the application of the National Environmental Management: Waste Act, 2008 and the Mineral and Petroleum Resources Development Act, 2002 to historic tailings disposal facilities as well as residue stockpiles and residue deposits.
- Advised on the obligation to rezone land in Gauteng, Mpumalanga, North West and the Western Cape for mining purposes.
- Advised on the civil and criminal liability of directors for the failure of a company to comply with environmental legislation.
- Undertaken numerous environmental due diligence investigations.
- Drafted appeals in terms of the Mineral and Petroleum Resources Development Act, 2002 and the Mine Health and Safety Act, 1996.
- Drafted appeals and representations on behalf of various mining houses and landowners in terms of the National Environmental Management Act, 1998, the National Water Act, 1998, the National Environmental Management: Waste Act, 2008 and the National Environmental Management: Air Quality Act, 2004.
- Advised on the financial provision obligations contained in the National Environmental Management Act, 1998.
- Advised on the obligation to disclose information and documentation to third parties in respect of environmental compliance under various environmental laws.
- Acted for mining houses in numerous urgent court applications, including applications to interdict illegal mining operations and unlawful interference with and suspension of mining operations.
- Acted for numerous mining houses in review applications against decisions taken (or a failure to take a decision) by the regulators of mineral resources, including decisions in respect of mining and prospecting right applications, section 11 applications, decisions to grant environmental authorisations and waste management licences and section 96 appeals under the Mineral and Petroleum Resources Development Act, 2002.
- Advised mining houses on the process contemplated in section 54 of the Mineral and Petroleum Resources Development, 2002.
- Advised on the various regulatory requirements for renewable energy projects.
Qualifications:
- BA LLB
- Attorney of the High Court of South Africa
Luanne Chance
Luanne is a consultant at Malan Scholes Inc. She was admitted as an attorney in 1992. Her area of expertise is dispute resolution. She has worked in the areas of banking, the oil and petroleum sector, insurance and construction. She currently deals with matters in the High Court in the areas of mining, environmental and administrative law.
Recent Experience:
- Acted for mining clients in compelling the regulator to make a decision in respect of mining right and prospecting right applications, section 102 applications and section 11 applications in terms of the Mineral and Petroleum Resources Development Act, 2022.
- Drafted internal appeals in terms of section 96 of the Mineral and Petroleum Resources Development Act, 2002, against decisions taken by the regulator of mineral resources.
- Assisted mining clients with access issues relating to their prospecting and mining rights, including the process as contemplated in terms of section 54 of the Mineral and Petroleum Resources Development Act, 2022.
- Assisted mining clients with the process of transferring environmental liability, as contemplated in section 43(2) of the Mineral and Petroleum Resources Development Act, 2022
- Acted for mining clients in urgent court applications, where there is a threat to the mining operations in the form of protests and illegal mining and advised mining clients in respect of damages claims arising out of stoppages of their mining operations.
- Assisted an auctioneer and art consultant house with any disputes that may arise from its auction business.
Qualifications:
- BCom LLB
- Attorney of the High Court of South Africa
Shani Sieberhagen
Shani is a senior associate at Malan Scholes Inc. She was admitted as an attorney in 2020. Her area of expertise include dispute resolution, focusing on administrative law and commercial litigation and arbitration.
Recent Experience:
- Assisted with the corporate / commercial due diligence investigation pertaining to Seriti Resources Holdings Proprietary Limited’s successful bid to acquire the South African coal business of South32 Limited.
- Advised and acted for client in numerous court applications in the High Court of South Africa, the Supreme Court of Appeal and the Constitutional Court, including review applications, applications to compel and urgent applications to interdict illegal mining operations and unlawful interference with and suspension of mining operations.
- Advised and acted for clients in legal proceedings regarding commercial disputes relating to, among others, shareholder agreements, memoranda of incorporation, coal supply agreements, contract mining agreements and liquidation applications.
- Advised clients on the applicability of the Promotion of Administration Justice Act, 3 of 2000 and the Promotion of Access to Information Act, 2 of 2000.
- Assisted numerous mining houses with internal appeals in terms of the Section 96 of the Mineral and Petroleum Resources Development, 2002 against decisions taken by the regulators of mineral resources and energy.
- Drafting and assisting in review applications relating to administrative decisions taken by organs of state.
- Investigation of and advising on breaches of directors’ fiduciary duties in terms of the Companies Act, 71 of 2008. Drafting summons and particulars of claim in relation to breaches of directors’ fiduciary duties.
