Mandatory Rehabilitation Or Ministerial Discretion? The Imbabala Coal Mine Challenge And What It Means For Section 46 Of The Mprda
Introduction On 2 February 2026, the Mpumalanga Division of the High Court received an application in Khuthala Environmental Care Group and Others v Minister of Mineral and Petroleum Resources and Others (Case No. 2026-019719) that goes to the heart of South Africa’s abandoned-mine crisis. The applicants, a community-based environmental organisation and the concerned residents of […]
New 90-Day Water Use Registration Deadline For 23 July 2026: Comply Or Face Prosecution
Overview On 24 April 2026, Minister of Water and Sanitation Pemmy Majodina published Government Notice 7408 (the Notice) in Government Gazette No. 54575 under the National Water Act 36 of 1998 (NWA), read with Regulation 3(b)(i) of the Water Use Registration Regulations (GN R1352, Government Gazette 20606, 12 November 1999). The Notice calls on all […]
Court‑Compelled Consent In A Section 11 Transfer – What Afrimat v Minister Of Mineral And Petroleum Resources Means For Mining Transactions
On 18 May 2026, the High Court (Gauteng Division, Pretoria) handed down judgment in Afrimat Limited v Minister of Mineral and Petroleum Resources and Others [2026] ZAGPPHC 403, in which the Court reviewed and set aside the failure of the Director‑General of the Department of Mineral and Petroleum Resources (DMPR) to take a decision on […]
COID Amendment Act Comes Into Effect – Key Implications For Employers
The Compensation for Occupational Injuries and Diseases Amendment Act, 2022 (Amendment Act) has formally come into operation following the publication of Proclamation Notice 306 of 2026 (Proclamation) in Government Gazette No. 53990 of 23 January 2026. The amendments represent the most substantial reform of the Compensation for Occupational Injuries and Diseases Act, 130 of 1993 […]
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 […]