Knowledge

Across topics and issues, borders and industries, we have the thought leadership you need to stay ahead of changes in the law.

Follow us:

Publications

Published Works

Protecting ancestral land from the pursuit of profit Without Prejudice

In November 2018 the community of uMgungundlovu, which has called the Xolobeni area of the Eastern Cape in South Africa home since the early 1800s, secured a critical legal victory to stop...

Hogan Lovells Publications

The intersection of customary law and environmental protection

It shouldn’t be possible for the state to criminally prosecute a person for exercising their legal rights. This was, however, exactly what happened to Mr Gongqose and other members of ...

Hogan Lovells Publications

Access Denied: No mining permitted without prior consultation

In South Africa, land ownership is separate from the right to mine minerals found in the land. The mining right holder is, however, given the right to enter land that it doesn't own to...

Hogan Lovells Publications

Removing the court's power to decide for the minister of mineral resources

Public officials' decisions aren't always flawless when applying the Mineral and Petroleum Resources Development Act, No 28 of 2002 (MPRDA), and there are often situations where the...

Hogan Lovells Publications

A constitutional endorsement for direct democracy in customary law

In the Royal Bafokeng Nation "a king is a king by virtue of the people" (Kgosi ke Kgosi ka Morafe). This was endorsed by the South African High Court in a decision extending the principle...

Published Works

A constitutional endorsement for direct democracy in customary law Polity

In the Royal Bafokeng Nation "a king is a king by virtue of the people" (kgosi ke kgosi ka morafe). This was endorsed by the South African High Court in a decision extending the principle...

Hogan Lovells Publications

The future of Bitcoin (regulation) in Africa Mining Newsletter

The launch of the first Bitcoin future for trade in the United States of America during December 2017 has brought significant public attention to both the Bitcoin crypto currency, and the...

Hogan Lovells Publications

MPRDA compliance: is it required? Mining Newsletter

In South Africa, only one person can hold a valid prospecting or mining right for a particular mineral on land in terms of the governing Mineral and Petroleum Resources Development Act, No...

Hogan Lovells Publications

The importance of obtaining environmental approvals before commencing a project

"It's easier to ask forgiveness than it is to get permission" is the often quoted adage coined by Grace Hopper. But, it is also important to keep another adage in mind – there is...

Loading data