incidents or accidents. We always emphasise the need to “go back to basics”, which means that the risks applicable to the mining operation, broadly, and each specific activity, must be identified and assessed. If this is not done correctly, then the remaining elements of the typical health and safety system, may fail. If the risk assessment is not done properly, then the measures that are implemented to address the identified hazards and the assessed risks, may not be complete, which means that the health and safety training provided to employees is also incomplete, the supervisors that are required to implement the measures (codes of practice, standards, procedures and instructions) may not be in a position to do so appropriately, and the systems of over inspection (closing of the loop), may not identify further gaps and learnings. Any shortcomings in this health and safety system can result in serious injuries and even death. Adopting a “back to basics” approach, supplemented by compliance with the specific laws that come into force and effect from time to time, goes a long way towards improving health and safety in the mining industry. Your team recently conducted compliance audits across multiple African jurisdictions. What key trends or insights stood out? There are key similarities that come up in each and every audit, regardless of the country in which the compliance audit is carried out. Key findings include that there is often an incomplete understanding of the compliance requirements which result in compliance gaps, persons responsible for compliance are not up to date on the most recent legislative requirements and international best practice, documentation is often poor (filing and retaining of documentation), holistic document storage systems are not maintained, and, often, there is simple complacency regarding compliance. We have also identified poor stakeholder management and engagement programmes and processes, particularly with host communities and local regulators as a key area of improvement. Each of these elements undermines the effectiveness of the compliance systems in place. You’re a frequent public speaker and media commentator. How do you translate complex legal and regulatory issues for broader audiences? Being relatable is absolutely vital. To be relatable, it is important to have a good understanding of the audience, their roles, responsibilities and what they hope to achieve from the session. It is also important to have confidence in the subject that is being spoken about. This confidence comes from preparation, experience, and establishing trust with the audience. Being able to discuss real-life, practical examples means that the legal landscape can be translated into day-to-day challenges faced by the audience. Knowing what is “coming around the corner” for the industry helps to provide practical examples and how the industry is going to be affected by future changes. I typically try and achieve a balance between practical day-to-day examples, and how things are likely to change in the near to medium future. You’ve contributed to legislative amendments and industry bodies. Which recent changes in mining law do you think will have the biggest impact? With the complex legal landscape that applies to the mining and natural resources sector, there are often weekly and monthly amendments and changes, alongside longer-term changes. Our focus therefore is on both the regular changes and the longer-term, more strategic changes. The shortterm changes affect compliance requirements, while the The constant opportunities to learn something new and develop solutions that work, keep me passionate about this industry SOUTH AFRICA MINING LAWYER OF THE YEAR LAWYER MONTHLY LEGAL AWARDS 2025 76
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