Warren Beech

You've spent nearly three decades specialising in mining, natural resources, and infrastructure law. What drew you to this sector, and what continues to drive your passion today?

I did not make the decision to work in the mining and natural resources sector and nor did I intend to do so, while studying. I studied at the University of the Witwatersrand, and to pay my fees, I ended up working underground at a gold mine in Springs. At the time I did not appreciate the significance of the practical exposure to South Africa's mining industry, and many times I was not happy working night shift and public holidays while my fellow students were enjoying time off. However, when I started my articles at the then Deneys Reitz, the Leon Commission of Inquiry into Mine Health and Safety was established, and two of the senior partners that I was working for at the time, recalled that I had worked underground, and my career in the mining industry started with a shout down the passage "hey Beech, come here you know something about mining". Since these early days, I became passionate about the mining and natural resources sector, the people, and the opportunities to work alongside innovative, resilient and forward-thinking industry leaders. An already complex industry has become more challenging over the last few years and, as a mining lawyer, I have had to develop into other areas of law that impact the mining and natural resources sector. The constant opportunities to learn something new and develop solutions that work, keep me passionate about this industry.

Your work spans health, safety, environment, regulatory, and criminal law. How do you navigate these different disciplines when advising clients on complex projects?

My practice extends from health, safety and environmental, through to complex commercial transactions, not only in South Africa, but across the world. The key criteria to success across such complex work, is gaining confidence in all disciplines, which can only be achieved through knowledge, which comes from having a competent, experienced and professional team around me, and strong relationships with lawyers across the world who are specialists in their particular fields and in relation to the industry. Teamwork is vital.

You've led numerous high-profile mining transactions. Can you share a particularly challenging deal and what made it successful?

All transactions have their own unique complexities but there are common elements that apply to most transactions in the mining industry. These common elements include considering the life cycle of the particular mining assets (the older mines attract greater liabilities for remediation, rehabilitation and, possibly, water treatment), size of the operations (larger operations typically employ more people and have a larger service provider network), regulatory hurdles that must be achieved including ministerial consent, and compliance with the Mining Charter, South Africa's company laws, cross-border requirements, competition elements, approval for flow of funds and land – related aspects. Even simple transactions typically involve most of these criteria. A key factor that increases the prospects of a successful implementation of the transaction is early engagement with the decision - makers including regulatory bodies, employee representatives, community leaders, investors, and other stakeholders that may have an interest. Obtaining buy-in at an early stage often facilitates a smoother process. The social "licence to mine" is becoming more critical, and a proper stakeholder engagement programme often assists in securing this social licence, without which transactions can be stalled or even stopped, altogether.

Health and safety are central to your practice. How are global standards evolving, and what should companies focus on to stay ahead?

It is extremely frustrating to see repeat incidents and accidents resulting in serious injury or even death. Both local and international health and safety standards continue to evolve, but do not necessarily have a direct impact on health and safety, and they do not, on their own, avoid serious 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 short-term changes affect compliance requirements, while the longer-term changes affect strategy and decision-making around important elements such as life of mine, extension of current operations, and new projects. The amendments to the Mine Health and Safety Act (the most comprehensive amendments since 1997) will have significant impacts on the mining and natural resources industry, with its focus on significantly increased penalties for non-compliance, enhanced enforcement powers of the Mine Health and Safety Inspectorate, and increased responsibilities for health and safety, including training. It is anticipated that these amendments will come into force and effect later this year, or in the first quarter of 2026. Additionally, there are significant proposed amendments to the Mineral and Petroleum Resources Development Act, the primary law which governs the mining and natural resources in South Africa. If these amendments come into force and effect as they are currently worded, this will have a significant impact on all aspects of South Africa's mining and natural resources sector, including the small-scale mining sub-sector, beneficiation, requirements around stakeholder engagement and consultation, and enhanced consequences of non-compliance. It is anticipated that these changes may come into force and effect in the next 18 months to two years.

With growing focus on sustainability and renewable energy, how is the mining sector adapting, and what role do lawyers play in that transformation?

The South African mining and natural resources sector has had to embrace alternative energy sources, to remain viable and sustainable, primarily due to energy constraints which have impacted not only on primary extraction, but also, significantly, on beneficiation. As lawyers, we have focussed on adopting a holistic view in an attempt to balance current and immediate energy needs, with longer term sustainability. One of the key focus areas has been South Africa's coal industry, which remains the most significant contributor to South Africa's energy generation. At the same time, many of South Africa's coal mines have or are in the process of establishing alternative energy sources including wind and solar. By focussing, holistically, on current and future needs, we continue to play an important role in balancing what are often regarded as competing interests.

You've received numerous awards and recognitions throughout your career. How do these acknowledgements influence your approach to your work?

Any accolades and awards are the result of a team effort, and they go a long way towards building the confidence of team members. Additionally, the recognition supports our core principles around responsiveness, practicality and relevance. It is an endorsement of these core principles, but the recognition only represents a snapshot in time, and we are constantly evolving to improve our service to our key clients and stakeholders.

For young lawyers or professionals aspiring to specialise in mining and natural resources law, what advice would you give?

The practice of law, in itself, is brutal, and being a practitioner in the mining and natural resources sector, adds to the pressure of being a legal practitioner. My general advice to young legal practitioners who want to enter the mining and natural resources sector is to develop deep sector knowledge, develop a passion for the mining and natural resources sector, and align with industry leaders that provide growth and development opportunities.