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 1995. 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 sits on the boards of various mining companies as a 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 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.
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).
- 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.
- 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 the section 54 of the Mine Health and Safety Act, 1996 to stop mining operations.
- Advised clients on the Regulation of Gatherings Act, 1993.
- 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 liquidation applications.
- Advised and acted for clients in legal proceedings regarding directors’ duties and liabilities.
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.
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.
- 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 and the National Environmental Management: Waste Act, 2008.
- Advised on the financial provision obligations contained in the Mineral and Petroleum Resources Development Act, 2002 and the National Environmental Management Act, 1998.
- Advised on the BEE obligations contained in the Mineral and Petroleum Resources Development Act, 2002 and the Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018.
- 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.
Qualifications:
- BCom LLB
- Attorney of the High Court of South Africa
Francois Sieberhagen
Francois is a senior associate at Malan Scholes Inc. He was admitted as an attorney in 2017. His areas of expertise are in dispute resolution and mining and environmental law.
Recent Experience:
- Drafted numerous appeals in terms of section 96 of the Mineral and Petroleum Resources Development Act, 2002 and section 57 of the Mine Health and Safety Act, 1996.
- Advised clients on the BEE requirements as per the Mineral and Petroleum Resources Development Act, 2022 and the Mining Charter(s).
- Acted for clients in numerous court applications, including applications to interdict illegal mining operations and unlawful interference with and suspension of mining operations.
- Assisted with the mining due diligence investigation pertaining to Seriti Resources Holdings Proprietary Limited’s successful bid to acquire the South African coal business of South32 Limited.
- Advised clients on the applicability of section 11 of the Mineral and Petroleum Resources Development Act, 2022 on proposed transactions and drafted various section 11 applications in terms of the Mineral and Petroleum Resources Development Act, 2002.
- Advised clients on the legal nature of historical tailings dumps and the applicable legislation
- Advised clients on transactions pertaining to the purchase of gold-bearing material from third parties.
- Advised clients on the process contemplated in section 54 of the Mineral and Petroleum Resources Development, 2002.
- Advised clients on the Regulation of Gatherings Act, 1993.
Qualifications:
- BSc Conservation Ecology
- LLB
- Attorney of the High Court of South Africa
Cobus Hoon
Cobus is an associate at Malan Scholes Inc. He was admitted as an attorney in 2020. His area of expertise is in corporate and commercial law as well as mining and environmental law. Before completing his articles at Malan Scholes Inc, Cobus worked as environmental manager at an environmental consultancy, assisting clients in complying with the conditions of their environmental approvals and authorisations.
Recent Experience:
- Drafted appeals in terms of section 96 of the Mineral and Petroleum Resources Development Act, 2002 and section 43 of the National Environmental Management Act, 1988.
- Assisted clients with contract mining agreements and coal off-take agreements.
- Assisted with due diligence investigations in respect of acquisition transactions for clients in the mining sector.
- Assisted with drafting commercial agreements for clients in various sectors, including sale agreements, subscription agreements, guarantees, trust deeds and the land lease agreements.
- Assisted clients in preparing written representations in respect of the proposed amendments to the Financial Provision Regulations, 2015.
