From Concept to Compliance: How Bishop Fraser Attorneys Powers Mining & Environmental Compliance
At Bishop Fraser Attorneys, we believe legal support should do more than solve an immediate problem, it should form part of a client’s growth strategy. By taking a holistic view of business objectives, regulatory hurdles, and compliance pathways, we help our clients turn legislation into leverage. Our approach ensures that environmental, mining, and commercial regulations […]
Bishop Fraser Attorneys Proudly Part of Alice Lane’s Net Zero Carbon Certification Journey
At Bishop Fraser Attorneys, we believe that where we work reflects who we are. That’s why we chose Alice Lane with intention, not only for its world-class location in the heart of Sandton, but also for its alignment with our values of sustainability, responsibility, and progress. We are proud to share that the Alice Lane precinct […]
SCA Confirms Landowner Consent Is Not Always Required For Water Use Licences
OVERVIEW Since the 2017 Water Use Licence Application and Appeals Regulations (“WULA Regulations”) were introduced, confusion has persisted: Is landowner consent always required to get a water use licence? Annexure C to the WULA Regulations made it seem like the answer was yes. It included a checklist item suggesting that, without a signed consent form […]
Strengthening Water Governance: What the National Water Amendment Bill Means for Municipal and Director Liability
OVERVIEW OF THE BILL The National Water Amendment Bill (“Amendment Bill”), published for comment on 17 November 2023, proposes a range of significant changes to the National Water Act, 36 of 1998, as amended (“Act”). The Amendment Bill forms part of government’s broader legislative push to address water pollution, improve water resource management, and strengthen […]
Structural Interdicts: Lessons from Mafube Business Forum and Others v Premier of the Free State Province and Others
THE UNDERLYING PRINCIPLE Structural interdicts have become a vital tool in South African constitutional law, particularly where state inaction or dysfunction undermines the rights of citizens. These court orders go beyond declaratory or mandatory relief by incorporating a supervision mechanism to ensure government compliance with constitutional obligations. They reflect a judiciary willing to uphold constitutional […]
The Doctrine of Legality and Municipal Accountability: A Case Analysis
The Underlying Principle The doctrine of legality is a cornerstone of constitutional democracy, ensuring that the exercise of public power is consistent with constitutional principles. In public law, this doctrine serves to – When the state exercises constitutionally mandated public powers and functions, it has an active duty to perform these obligations timeously and in […]
Municipal By-laws Restrict Property Transfers Without SPLUMA
In the recent matter of Govan Mbeki Local Municipality and Another v Glencore Operations South Africa (Pty) Ltd and Others, the Supreme Court of Appeal was required to rule on the legality of certain municipal by-laws in the Emalahleni Local Municipality and Govan Mbeki Local Municipality, which stated that landowners could not apply for the […]
Constitutional Court Rules On “SLAPP” Suit Defence
In February of 2021, the Western Cape High Court heard an application brought by Australian mining company Minerals Commodities Limited (“MCR”) and its South African subsidiary, Mineral Sands Resources (“MSR”). The two mining companies have been engaged in a 5-year defamation court battle against 6 activist and public interest lawyers. MCR and MSR accused the […]
Court Rules On Virtual Commissioning In South Africa
In a recent case of Firstrand Bank Limited v Briedenhann (3690/2021) [2022] ZAECQBHC 6; 2022 (5) SA 215, the Eastern Cape High Court ruled on the admissibility of two affidavits submitted in the course of an application for default judgment, both of which affidavits had been electronically signed and virtually commissioned. The Court therefore invited […]
Courts Clamp Down On Insufficient Public Participation Processes Under NEMA
A recent decision out of the Pretoria High Court has continued the trend of recent judgments enforcing more stringent compliance with environmental authorisation processes, and the public participation process in particular. On 02 August 2022, the Pretoria High Court heard a matter in which the South Durban Community Environmental Alliance (“SDCE”) sought to review and […]