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.
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 and water affairs, including decisions in respect of mining and prospecting right applications, section 11 applications and appeals.
- Assisted numerous mining houses with internal appeals in terms of the Mineral and Petroleum Resources Development, 2002 against decisions taken by the regulators of mineral resources.
- Acted for mining houses in court applications to obtain access to the prospecting and mining areas.
- 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.
- Acted for clients in numerous urgent court applications, including applications to interdict unlawful stoppage of mining operations.
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:
- Acted for Samancor Chrome Limited in a successful review application to set aside the proclamation of a township development on mineralised land in the North West (2017).
- Advising on the development of an industrial complex on the surface of land which is subject to a mining right (2016).
- Advising on the application of the National Environmental Management: Waste Act, 2009 and the Mineral and Petroleum Resources Development Act, 2002 to historic tailings disposal facilities as well as residue stockpiles and residue deposits.
- Advising on the obligation to rezone land in Gauteng, Mpumalanga, North West and the Western Cape for mining purposes.
- Advising on the civil and criminal liability of directors for the failure of a company to comply with environmental legislation.
- Drafting of appeals in terms of the Mineral and Petroleum Resources Development Act, 2002 and the Mine Health and Safety Act, 1996.
- Advising 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.
- Drafting of appeals and representations on behalf of various mining houses in terms of the National Environmental Management Act, 1998, the National Water Act, 1998 and the National Environmental Management: Waste Act, 2009.
- Advising on the financial provision obligations contained in the Mineral and Petroleum Resources Development Act, 2002 and the National Environmental Management Act, 1998.
- 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.
Qualifications:
- LLB LLM (Environmental Law and Governance)
- Certificate in short course regarding Environmental Management and Regulation
- Certificate in short course regarding Transboundary Protection of Biodiversity
- Attorney and Notary of the High Court of South Africa
Marga van der Merwe
Marga is an associate at Malan Scholes Inc. She was admitted as an attorney in 2015 and a notary in 2017. Her areas of expertise are in mining and environmental law.
Recent Experience:
- Drafting of appeals on behalf of mining companies in terms of the National Environmental Management Act, 1998 and the National Water Act, 1998.
- Drafting of appeals in terms of section 96 of the Mineral and Petroleum Resources Development Act, 2002.
- Advising on the application of the National Environmental Management: Waste Act, 2009 and listed activities for which a waste management license is required.
- Advising on the applicability of the Broad-Based Socio-Economic Empowerment Charter.
- Assisting in advising a mining company opposing a review application brought to set aside its mining right and environmental approvals.
- Assisting in preparing environmental due diligence reports pertaining to, inter alia, the acquisition of rights granted in terms of the Mineral and Petroleum Resources Development Act, 2002.
- Assisting in advising clients regarding the effect of court judgments on their operations.
- Advising on general matters concerning environmental laws and regulations.
Qualifications:
- BCom LLB
- Attorney of the High Court of South Africa
Francois Sieberhagen
Francois is an 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:
- Acted for a Swedish truck financing company assisting in, inter alia, procuring the return of their assets and instituting the necessary actions for damages (2018).
- Acted for a labour broking firm, drafting various written warnings, chairing disciplinary hearings and representing the employer at the CCMA during arbitration proceedings (2018).
- Assisted in the general winding-up process of various companies and close corporations (2017).
- Drafting of appeals in terms of the Mineral and Petroleum Resources Development Act, 2002.
