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NEMA Section 28 Directives At The Municipal Level: When The Different Environmental Compliance Beast Comes Knocking
Municipal environmental enforcement powers in South Africa have expanded significantly with the introduction of section 28 directives under NEMA, creating complex procedural challenges that differ fundamentally from traditional compliance notices. What procedural traps await businesses facing these directives, and how can the simultaneous pursuit of multiple enforcement processes, including potential criminal liability for employees, transform routine regulatory matters into urgent legal crises requiring im
South Africa Environment
CD
Cliffe Dekker Hofmeyr
Article
How Companies Can Integrate ESG Considerations To Comply With Evolving Requirements
Environmental, social and governance considerations are increasingly moving beyond regulatory compliance into the contractual allocation of risk in commercial transactions. Businesses now face ESG obligations directly in commercial agreements, project documents, financing arrangements, and investment transactions, creating a separate source of legal exposure even when fully compliant with applicable laws. This shift is being reinforced by evolving regulations, investor scrutiny, sustainability reporting req
South Africa Commercial
CD
Cliffe Dekker Hofmeyr
Article
What South Africa Must Get Right To Win Back Mining Investment
South Africa's mining sector stands at a critical juncture as the 2026 Joburg Indaba examines whether the country can translate its substantial mineral wealth and technical expertise into renewed investment. With private rail operators receiving slots, a new mining cadastre in development, and intensifying global competition for critical minerals, the question is whether administrative reforms and infrastructure improvements can deliver the predictable operating environment investors require.
South Africa Energy
CD
Cliffe Dekker Hofmeyr
Article
Does A Contractual Provision Override The Statutory Forfeiture Of Severance Pay?
The Supreme Court of Appeal has clarified critical aspects of severance pay entitlements under South Africa's Basic Conditions of Employment Act, particularly addressing when employees may forfeit severance benefits by unreasonably refusing alternative employment offers. This judgment resolves jurisdictional questions about which forum should adjudicate such disputes and establishes important precedent regarding the interplay between contractual employment terms and statutory severance obligations.
South Africa Employment
CD
Cliffe Dekker Hofmeyr
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