Mining and Environmental Lawyers

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.

HScholes@malanscholes.co.za

+27 (0)10 020 5031

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 litigation matters with a focus on administrative law, mining and environmental law, land-use and commercial litigation as well as advising on commercial disputes and disputes with the State, including the regulators of mineral resources.

SSingh@malanscholes.co.za

+27 (0)10 020 5022

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 LLM (Marine and Environmental Law)
  • Attorney of the High Court of South Africa

Lia Bolz

Lia is a director at Malan Scholes Inc. She was admitted as an attorney in 2013. Her areas of expertise are mining and environmental law.

LBolz@malanscholes.co.za

+27 (0)10 020 5020

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 Environmental Management: Waste Act, 2008 and the National Environmental Management: Air Quality Act, 2004.  
  • Acted for numerous mining houses in appeals before the Water Tribunal. 
  • Advised on the financial provision obligations contained in the National Environmental Management Act, 1998 and the regulations thereto. 
  • 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 or refuse 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.  
  • Prepared legal opinions regarding various environmental regulatory obligations.

Qualifications:

  • BA Law

Sylvester Peverelle

Sylvester joined Malan Scholes as a consultant in October 2023. His areas of expertise are mining and environmental law.

He headed the Mining Rights Department (MRD) of BHP Billiton South Africa (BHPBSA) as Senior Manager: Mining Rights from 1999 to 2008, when he stepped down voluntarily to pursue a career as a freelance consultant focussing on mining-, prospecting- and property rights with specific reference/relevance to the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) and related legislation.  During his tenure in the BHPBSA MRD, he was responsible for and signed off on all aspects of prospecting and mining right and related applications and the acquisition, administration and maintenance of the vast prospecting, mining and property rights portfolio resulting in a sound knowledge thereof as well as of the mining industry and mining operations in general.

During 2011 he was invited to join the Mining and Natural Resources Practice at Webber Wentzel, Johannesburg, where he served as a fulltime adviser until September 2023.

He has in-depth knowledge and operational understanding of prospecting-, mining- and property rights issues and related transactions and operations in the industry.

SPeverelle@malanscholes.co.za

+27 (0)10 020 50201

Recent Experience:

  • Developing a Preferential (BBBEE) Procurement Policy (compliant with Mining Charter 2018) for a mining client.
  • Acted for several mining clients in the drafting, finalisation and lodgement of prospecting, mining, environmental authorisation, section 11 and section 102 applications and appeals in respect thereof and the execution to finality of granted rights, amendments and consents and the ultimate registration thereof including resolving issues preventing and/or delaying registration.
  • Advising clients on the BEE obligations contained in the MPRDA and the Mining Charter(s).
  • Advising clients on and assisting clients in determining whether there are land claims in respect of properties and advising clients in respect of the objection and response to and opposition of land claims.
  • Advising clients on the proclamation of Nature Reserves and issues incidental thereto.
  • Advising a client on all aspects of the resettlement of a Community from its mining right area, including interaction with the Traditional Authority and the Resettled Community, conflict resolution, acquisition of resettlement property and the release and transfer thereof by the Provincial and National Governments to the Local Municipality, interacting with the Local Municipality in regard to bulk services, matters incidental to township establishment, construction of replacement dwellings, grave relocations, administration of Community Trusts, interdicts regarding threatened and actual disruption of mining operations, running of a new Community Communication Structure, actual relocation of families, ultimate transfer of erven to beneficiaries and assisting in the de facto implementation of all the aforesaid.

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 areas of expertise include mining and environmental law as well as dispute resolution, focusing on administrative law and commercial litigation and arbitration.

SSieberhagen@malanscholes.co.za

+27 (0)10 020 5027

Recent Experience:

  • Advised and acted for clients 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.
  • Drafted numerous objections in terms of section 10 and internal appeals in terms of section 96 of the Mineral and Petroleum Resources Development, 2002 against decisions taken by the regulators of mineral resources and energy.
  • Drafted and assisted in review applications relating to administrative decisions taken by organs of state.
  • Investigated and advised on breaches of directors’ fiduciary duties in terms of the Companies Act, 71 of 2008.

Qualifications:

  • LLB LLM (Extractive Industry Law in Africa)
  • Attorney of the High Court of South Africa

Megan Jacobs

Megan obtained her LLB from the University of Pretoria in 2017 and completed her LLM: Extractive Industry Law in Africa in 2018.  Megan was admitted as an attorney in 2021 and was later seconded to Orion Minerals Ltd before joining Malan Scholes Attorneys as an associate, in the mining and environmental department. Megan volunteers for and sits on the Committee of Women in Mining South Africa (WiMSA).

MJacobs@malanscholes.co.za

+27 (0)10 020 5029

Recent Experience:

  • Drafting of numerous appeals and objections on behalf of mining houses in terms of the Mineral and Petroleum Resources Development Act, 2002 and National Environmental Management Act, 1998. 
  • Assisted a mining house with the preparation and submission of Section 52 notices to the Minister of Mineral Resources and Energy in accordance with the provisions of the Mineral and Petroleum Resources Development Act, 2002.  
  • Advised on the requirements for compliance with the Precious Metals Act, 2005. 
  • Assisted with the preparation and submission of refining licence and precious metal beneficiation licence applications in accordance with the Precious Metals Act, 2005. 
  • Advised on the requirement for ministerial consent in accordance with the provisions of Section 11 of the Mineral and Petroleum Resources Development Act, 2002. 
  • Assisted with advising on the applicability of the provisions of the Mining Rights Act, 1967, the Minerals Act, 1991 and the Mineral and Petroleum Resources Development Act, 2002 with regard to surface right permits and environmental liabilities. 
  • Assisted in advising on the applicability of the provisions of the Mineral and Petroleum Resources Development Act, 2002 on the reclamation of rock dumps. 
  • Assisted with the drafting of surface use and access agreements as well as co-operation agreements on behalf of a mining house. 
  • Managed the mineral tenement compliance framework for a mining house. 
  • Advised and assisted with stakeholder engagement and community relations. 
  • Drafted Social and Labour Plan Annual Reports, Social and Labour Plan Catch-Up Plans and Social and Labour Plan Implementation Plans.

Qualifications:

  • LLB LLM
  • Attorney of the High Court of South Africa

Tiffani Jones

Tiffani is an associate at Malan Scholes Inc. She was admitted as an attorney in 2023.  Her areas of expertise include mining and environmental law.

TJones@malanscholes.co.za

+27 (0)10 020 5037

Recent Experience:

  • Drafted appeals in terms of the Mineral and Petroleum Resources Development Act, 2002. 
  • Drafted and assisted in appeals and representations on behalf of various mining houses and landowners in terms of the National Environmental Management Act, 1998  
  • Acted for numerous mining houses in appeals before the Water Tribunal. 
  • Advised on the obligation to disclose information and documentation to third parties in respect of environmental compliance under various environmental laws.  
  • Advised on the civil and criminal liability of directors for the failure of a company to comply with environmental legislation. 
  • Acted for 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, decisions to grant or refuse environmental authorisations and appeals under the Mineral and Petroleum Resources Development Act, 2002.