At the eighth edition of Webber Wentzel’s annual Mining Round-Up, the firm’s leading practitioners unpacked the regulatory, policy and compliance developments shaping South Africa’s mining sector.

From evolving employment frameworks and new Mine Health and Safety Act (MHSA) obligations to the Climate Change Act’s phased rollout, and the ongoing tension between South Africa’s Critical Minerals Strategy and it’s Just Transition Framework, the message was clear: regulatory preparedness, policy awareness and proactive risk management are critical for mining businesses navigating the year ahead.

A tribute

Opening the session, Jonathan Veeran, head of the firm’s Mining Sector Group, paid tribute to the late Manus Booysen, a revered partner who led the mining team for many years and was the original founder of the Mining Round-Up series.

“Manus exemplified humility, professionalism and generosity. His influence continues to shape how we engage with our clients and the broader industry,” Veeran said.

He reaffirmed the team’s commitment to providing “cradle-to-grave” solutions to clients across the mining life cycle, from exploration to mine closure, noting that Webber Wentzel has been consistently ranked the top mining law firm on the continent for over a decade.

The new parental leave regime

Lizle Louw, a partner in Webber Wentzel’s Employment Practice, opened the substantive discussions with an analysis of the Constitutional Court’s recent judgment, which reshapes South Africa’s parental leave framework.

The ruling, brought by Webber Wentzel’s Pro Bono team on behalf of the Van Wyk parents, declared aspects of the Basic Conditions of Employment Act and Unemployment Insurance Act unconstitutional, affirming the right to equality in parental leave.

The Court’s interim provisions now entitle two employed parents to share a cumulative parental leave period of four months and ten days, divided between them as they choose.

“This ruling creates real operational and financial considerations for employers,” Louw noted. “Mining operations, which often have predominantly male workforces, may now see a significant rise in parental leave requests.”

She urged employers to review contracts, policies and payroll systems to align with the new regime, clarify paid versus unpaid entitlements, and implement safeguards against potential abuse of shared parental leave arrangements.

New MHSA regulations

Kate Collier, who heads Webber Wentzel’s Occupational Health and Safety Practice, outlined key updates under the MHSA, highlighting a series of recent regulatory amendments and new codes of practice.

“These changes are not just administrative,” Collier cautioned. “They reshape how mines must plan for emergencies, monitor employee safety, and manage health risks.”

Among the updates:

• New Winding Equipment Regulations modernise transport and safety requirements for underground operations.
• Emergency Preparedness Regulations now mandate broader risk assessments and real-time employee location tracking in high-risk areas.
• Four new Mandatory Codes of Practice, covering fire prevention, road and railway safety, change management, and non-communicable diseases (including mental health), take effect between October and November 2025.

Each code, she emphasised, imposes direct compliance obligations. “Failure to implement these codes in line with the Chief Inspector’s guidelines constitutes an offence under the Act,” she said.

Preparing for carbon budgets

Paula-Ann Novotny, partner in Webber Wentzel’s Environmental Practice, turned to the Climate Change Act, which introduces South Africa’s first legally binding framework for greenhouse gas mitigation.

Although the private sector’s obligations will only come into force from March 2026, Novotny advised mining companies to begin preparing now.

The Act establishes a national emissions trajectory and sectoral emission targets, with mining identified as a priority sector. Each mining operation will eventually receive a carbon budget, a five-year emissions cap, linked to a greenhouse gas mitigation plan that must be approved and implemented.

“The implications are far-reaching,” Novotny said. “This regime introduces dual compliance risks: administrative penalties under environmental law and additional taxation penalties under the Carbon Tax Act for failure to meet carbon budgets.”

Draft regulations and technical guidelines, published in August 2025, detail how carbon budgets will be allocated and monitored. Novotny urged the industry to “engage early, model emissions, and build internal governance structures” to manage compliance effectively.

Critical minerals and the coal conundrum

Garyn Rapson, head and partner of Webber Wentzel's ESG Practice, addressed one of the year’s most debated policy questions: the classification of coal as a critical mineral under South Africa’s Critical Minerals and Metals Strategy. Calling the designation “paradoxical,” Rapson explored the tension between that classification and the Just Transition Framework, which seeks to phase out fossil fuels by 2050 in line with the Paris Agreement.

“Coal may play a transitional role but calling it a critical mineral sends the wrong signal,” he said. “It risks undermining our credibility in the energy transition space.”

Rapson outlined three practical reconciliation points:

1. Time-bound reliance on coal for short-term energy security.
2. Innovation to extract critical minerals (such as rare earths and vanadium) from coal ash.
3. Leveraging Just Transition funding to reskill and diversify coal-dependent communities.

“This is not about demonising coal,” he concluded. “It’s about managing a responsible, science-based transition.”

Sars enforcement and the mining industry

Shirleen Ritchie, partner in Webber Wentzel’s Tax Practice, discussed the impact of the South African Revenue Service’s (Sars) Amabillions Project on the mining sector.

Sars has identified mining as one of its high-risk focus sectors for audits, targeting supply chains, royalties, diesel rebates, PAYE compliance and transfer pricing.

“There’s a renewed emphasis on documentation and audit readiness,” Ritchie said. “Mining companies should expect detailed reviews of their marketing arrangements, preference share redemptions, and diesel rebate claims.”

She warned that Sars has begun mining its reportable arrangement database, issuing requests for clarification on previously disclosed transactions.

“The takeaway is simple: evidence wins cases,” Ritchie noted. “Maintain contemporaneous documentation and ensure tax positions are commercially defensible.”

Policy uncertainty under the new MPRDA Bill

Giada Masina, partner in the firm’s Corporate Practice, unpacked the Mineral and Petroleum Resources Development Amendment Bill, published in May 2025.

Although the Bill purports to promote regulatory certainty, Masina cautioned that its current drafting may have the opposite effect.

Key concerns include:

• Removal of the “controlling interest” threshold in section 11, which would require ministerial consent for any share transfer in unlisted companies holding rights.
• Persistent ambiguity on the subdivision of rights.
• Wide ministerial discretion to amend Black Economic Empowerment (BEE) criteria without consultation.

“The industry supports oversight where control genuinely changes hands,” Masina said, “but these provisions risk overregulation and administrative bottlenecks at the DMRE.”

Gender-based violence: the employer’s duty of care

Closing the session, Siya Ngcamu, partner in Employment and Employee Benefits, explored the rising legal obligations on employers to address gender-based violence (GBV) in and around the workplace.

Referencing the Guidance Note on the Management of GBV in the Mining Industry, effective 1 November 2025, Ngcamu noted that it codifies a zero-tolerance stance across the sector.

He also discussed a recent CCMA decision affirming an employer’s right to discipline an employee for off-duty acts of GBV that affect the workplace, even when criminal proceedings are pending.

“Employers have a legitimate interest in protecting their workforce and maintaining trust,” Ngcamu explained. “The duty to act extends beyond the mine gates.”

He urged mining companies to update policies, train staff, and ensure fair but firm application of disciplinary procedures.

The 2025 Mining Round-Up reinforced the complexity of the current mining landscape, one marked by rapid regulatory evolution, global sustainability pressures and domestic policy reform.

From equality and climate action to safety, tax, and transformation, the discussions underscored a consistent theme: compliance is now inseparable from strategy.

As Veeran concluded, “Mining remains central to South Africa’s economy, but success depends on legal agility, responsible leadership, and readiness for the changes still to come.”