Kennedy Chege

The Conference brought together over 150 different role players in the diamond mining industry of South Africa and from as far as Russia. The Deputy Minister of Mineral Resources, Hon. Godfrey Oliphant was the Keynote speaker at the conference. I was asked to present on the mining application procedures in select African jurisdictions, with a focus on diamonds and other precious stones. This related to the processes for acquiring mining licences and permits in South Africa, with reference to the procedures in other African countries. My emphasis was on the processes in South Africa, Botswana and Namibia. I outlined the mining rights application procedures in the three Southern African countries and made several recommendations or good practice lessons that South Africa could borrow from Botswana, which is considered to have one of the most attractive diamond mining industries in the world. This is largely because of its simple mining licence and permits application processes.

The decarbonisation of global energy systems drives markets today, hence the emphasis on the clean energy transition through the use of cleaner sources of energy such as hydrogen, as a viable resource to support the energy transition. Hydrogen is a preferred pathway towards decarbonisation since it is a clean and affordable fuel, it is versatile and is applicable in a diverse range of sectors, among other factors. Sub-Saharan Africa is well-placed for the development of a hydrogen economy, particularly as a result of its abundant natural resources such as solar and wind, as well as government, industry and civil society support. Governments across the region, together with private sector partners, are increasingly placing the hydrogen economy as a key priority area, as it constitutes an important pathway towards decarbonisation and is perceived to be the missing link towards achieving global netzero targets by 2050. This chapter commences with a discussion of the significant role and utility of hydrogen as an appropriate decarbonisation pathway in the low-carbon transition. It proceeds to specifically evaluate whether the legal and policy tools that governments in Africa already have in place or are contemplating, either support or hinder the energy transition. This policy review, not only identifies policy gaps but also considers examples of national and international hydrogen strategies in selected countries, to highlight their legal underpinnings and assess the degrees of convergence and divergence between national, regional and international regulatory frameworks supporting the development of hydrogen economies. This review further presents policy options and recommends approaches to enhance hydrogen production and the energy transition from a fossil fuel-based economy to a hydrogen-based economy in Africa. Additionally, this chapter examines the regulation of hydrogen technologies (such as electrolysers and fuel cells), focusing on generation, transmission and distribution. It appraises the different enforcement mechanisms towards increasing the adoption of hydrogen in the selected African countries.

The global move to tackle climate change as envisaged in the 2015 Paris Agreement has necessitated debates and action geared towards transitioning to a low carbon economy. Although there is no agreed international definition of energy transition, the focus has been put to a shift from fossil fuels to renewables. This paper is intended to contribute to the global debate on energy transition with a focus on the initiatives taking place in a few selected countries. The argument in this paper is to the effect that many developing countries still need fossil fuels to tackle energy access challenges and ensure economic growth. Nevertheless, this does not in any way mean that these countries are climate change deniers. In this respect, the question to be addressed in this article is how can we measure energy transition efforts in developing countries? In responding to this question, the article attempts to develop and analyse some key energy transition indicators.

The world of technology is transitioning fast as a result of the Fourth Industrial Revolution (‘the 4IR’). The digital revolution is not only making fundamental changes to how we live, but it is also having a profound impact on how we conduct business. The global market is adapting to new trends and faster turnaround times, and all sectors, including the energy and extractives sector (oil and gas, and mining sectors), will be forced to adapt to the transition. This change aligns with the clean energy developments and the global move to transition to a low-carbon economy which is characterized by technological advancements. The world is gradually discovering new things to do with technology, as its potential is beginning to be embraced. The present COVID-19 pandemic, for example, has altered the way we use technology, with many people spending more time online, thus creating the impetus to fast track the implementation of the 4IR. These changes will affect gender inclusivity and the ...

This is the second of three parts of an article on the potential of green hydrogen as a viable source of clean energy for South Africa. This part delves into South Africa's comparative advantage in producing and exporting green hydrogen, and the steps that the government is taking to promote its adoption throughout the country in the various economic industries

This is the final of three parts of an article on the potential of green hydrogen as a viable source of clean energy for South Africa. This part is a concluding section, addressing the potential challenges to the large-scale production of green hydrogen for South Africa, and what measures the government is taking to alleviate these hurdles

This is the first of three parts of an article on the potential of green hydrogen as a viable source of clean energy for South Africa. This part addresses the following: the context around green hydrogen, what it is and the types thereof, the increasing momentum around the world in terms of adopting green hydrogen as a viable alternative source of energy, and some of it uses

The case for clean energy in Africa has never been more compelling than it is today as a result of increased demand due to the rapidly growing population, urbanisation, industrialisation and trade. Hydrogen, which is the most abundant chemical substance in the universe, is a resource that could play a major role in our future economies.

Although many property or casualty policies incorporate business interruption insurance clauses, issues relating to Business Interruption Insurance have become increasingly prominent since Covid-19 was declared a pandemic in March 2020. The question of whether Business Interruption Insurance covers pandemic-related losses has proved to be a bone of contention between insurance companies (insurers) and the insured parties.

The recent ground-breaking Ma-Africa Hotels (Pty) Ltd and Another v Santam Limited, and the earlier Cafè Chameleon CC v Guardrisk Insurance Company Ltd judgments in South Africa have provided the much-needed clarity on the above inquiry. Albeit a South African judgment, the decision in Cafe Chamelon was cited in the UK's Financial Conduct Authority v Arch Insurance (UK) Ltd and Others case.

The multiple Business Interruption Insurance claims globally, re-ignited my interest in insurance matters, having studied insurance law previously.

African countries have placed developing and reforming pre-existing local content policies and regulations among the top priorities for policy development. This is as a strategy to increase the benefits from the oil, gas and mining sectors, to promote economic transformation. If properly formulated and implemented, local content policies could be leveraged to become a key enabler for economic growth and development in developing countries, especially in Africa.

It is often argued that Africa is the only continent that does not need anything i.e. many resources often traded in global markets (like agricultural products/ commodities, and mineral resources) originate from Africa. However, owing to insufficient capacity to beneficiate these resources, they tend to be classified as raw materials, and countries are forced to export them. Africa is infamous for exporting raw materials and importing manufactured (value-added) products. The low rate of intra-African trade is an indication that African countries do not consume what they produce. The AfCFTA Agreement aims to address this by encouraging both specialization and higher value-added exports. It is more reasonable to concentrate on industrializing before initiating the African free trade area. Thus, the focus in the petroleum industry ought to be on constructing refineries across the continent to refine crude oil and facilitate intra-African trade for overall economic growth and development, to mitigate the effects of the resource curse.

Globally, there is a move away from coal and towards renewable sources of energy. This has been reflected in some key court and tribunal decisions in countries such as South Africa and Kenya, that have acknowledged the adverse effects of coal on the environment and on communities’ health and livelihoods. It however remains to be seen whether the lawmakers will take the requisite steps to enact legislation to safeguard these interests.

Sovereign Wealth Funds have numerous advantages for countries around the world. They promote future infrastructure development, and create savings and reserves for future generations. However, they may not be appropriate in certain contexts. This article posits that such Funds may not be suitable in various developing countries such as Kenya, owing to issues such as corruption in the management of public funds, the increasing foreign debt and other government priorities that require urgent funding.

This edition combines two previous publications – Oil and Gas in Africa: A Legal and Commercial Analysis of the Upstream Industry, and African Upstream Oil and Gas: A Practical Guide to the Law and Regulation, both published by Globe Law and Business Ltd in 2015 – and has two central elements:

First, the book canvasses various themes such as: production sharing contracts (PSC) and economic terms governing regional exploration and production activities, financing, M&A, security, OHADA, and decommissioning issues in an African context, and new chapters exploring natural gas and ESG.

Secondly, the book features a country-by-country analysis of African oil and gas, detailing the oil and gas frameworks and key issues in selected African countries. The South Africa chapter particularly comes at a time when efforts to separate the regulation of petroleum resources from that of mining/ mineral resources are ongoing, with the anticipated adoption of the Upstream Petroleum Resources Development Bill ("UPRD Bill").

This comprehensive edition features contributions from leading experts from across the industry, including from Ministries of petroleum, national oil companies, international oil companies, law firms and consultancies.

This chapter addresses the legal and regulatory framework for AI in the African energy and mining sectors, and the implications of these technologies on aspects such as labour. The chapter also includes some of the approaches and solutions that governments are either already taking or have envisaged, to develop meaningful legislation

The role of social protection is widely recognised as key to countries’ responses to crises and sudden calamities, such as the Covid-19 pandemic. The provision of social protection for everyone is recognised as a fundamental human right and is firmly grounded in international human rights laws and norms. However, vulnerable groups such as refugees and asylum seekers are often excluded from the existing social protection systems of countries, which tend to prioritise their own nationals. This exclusion was recently manifested through the ways in which governments across the world, and throughout the African continent specifically, responded to the adverse effects of the pandemic. These measures discriminated against refugees and asylum seekers, as shown in the context of three country case studies (i.e. Uganda, Ethiopia and South Africa), which have for a long time been preferred destinations for migrants, refugees and asylum seekers. Developing countries, particularly on the African continent, are host to approximately 85 per cent of refugees and asylum seekers globally, and therefore their continued exclusion from mainstream society and from receiving social protection benefits has severe implications.

The primary objective of this chapter is to discuss some of the most significant challenges/barriers experienced in terms of the realisation of the right of access to social protection for refugees and asylum seekers on the African continent during the Covid-19 era. This discussion explores when and how socio-economic rights, such as the right of access to social protection, are realised in Africa, and proceeds to use the experience of the selected African countries to illustrate the various barriers that exist in realising these rights for refugees and asylum seekers. Furthermore, the chapter explores opportunities that exist to overcome these challenges towards the realisation of the socio-economic rights of refugees and asylum seekers across Africa. The chapter concludes by providing several policy and other recommendations that are aimed at ensuring the effective realisation of the socio-economic rights of refugees and asylum seekers in Africa.

The Covid-19 pandemic saw corporations, including mining companies in South Africa, experience financial distress, thereby forcing them to consolidate with other entities and restructure their operations. One of the measures was through engaging in corporate mergers and acquisitions (M&As), as economies of scale become increasingly important.

The economic disruption occasioned by the COVID-19 pandemic provoked debate among insurers, policyholders, and other stakeholders regarding who is responsible for these losses. This article addresses these questions, with reference to South African and UK court pronouncements

The decarbonisation of global energy systems drives markets today, hence the emphasis on the clean energy transition through the use of cleaner sources of energy such as hydrogen, as a viable resource to support the energy transition. Hydrogen is a preferred pathway towards decarbonisation since it is a clean and affordable fuel, it is versatile and is applicable in a diverse range of sectors, among other factors. Sub-Saharan Africa is well-placed for the development of a hydrogen economy, particularly as a result of its abundant natural resources such as solar and wind, as well as government, industry and civil society support. Governments across the region, together with private sector partners, are increasingly placing the hydrogen economy as a key priority area, as it constitutes an important pathway towards decarbonisation and is perceived to be the missing link towards achieving global netzero targets by 2050. This chapter commences with a discussion of the significant role and utility of hydrogen as an appropriate decarbonisation pathway in the low-carbon transition. It proceeds to specifically evaluate whether the legal and policy tools that governments in Africa already have in place or are contemplating, either support or hinder the energy transition. This policy review, not only identifies policy gaps but also considers examples of national and international hydrogen strategies in selected countries, to highlight their legal underpinnings and assess the degrees of convergence and divergence between national, regional and international regulatory frameworks supporting the development of hydrogen economies. This review further presents policy options and recommends approaches to enhance hydrogen production and the energy transition from a fossil fuel-based economy to a hydrogen-based economy in Africa. Additionally, this chapter examines the regulation of hydrogen technologies (such as electrolysers and fuel cells), focusing on generation, transmission and distribution. It appraises the different enforcement mechanisms towards increasing the adoption of hydrogen in the selected African countries.