- Publications & Insights
Ayanda is a senior associate in our Dispute Resolution Department of our Johannesburg office and a member of the Public Law and Regulatory practice.
He specialises in environmental, energy, natural resources and employment health and safety law with a public law practice focus on energy, environmental regulation and broad-based black economic empowerment.
Ayanda advices on all mining, empowerment, environmental and employment health and safety regulatory aspects and provides regulatory support in commercial transactions across various sectors, including e-commerce, manufacturing, chemical, mining, telecommunications, logistics, petrochemical, waste management, agriculture, packaging and food industry, consumer goods and renewable energy sectors.
Ayanda also has experience in conducting legal compliance audits and performing regulatory due diligence.
Ayanda has an LLB degree from the University of Free State.
Ayanda’s areas of expertise include:
- Provide general regulatory advice to local and international corporates in relation to compliance with mining, environmental, empowerment and employment health and safety laws.
- Providing regulatory support in commercial M&A transactions which includes assisting with the regulatory aspects of drafting the transactional documents and amendment or transfer of various regulatory licences and permits.
- Conducting due diligence exercises in respect of environmental, mining, empowerment, product regulation and advising on other regulatory compliance issues in a range of sectors including e-commerce operations, mining, industrial, commercial property and linear developments. These exercises generally form a key part of a M&A deal process and the findings focuses on risks that may arise in the deal context.
- Conducting various environmental, health and safety legal compliance audits for several business units of well-known listed and unlisted mining, integrated energy and petrochemical companies.
- Consulting and advising mining houses in reviewing and developing new financial rehabilitation vehicles, instruments or products in response to or possible changes in financial provision regulations including insights on the implications of future rehabilitation financial provisioning regulatory regime.
- Assist mining clients with environmental compliance auditing and making representations regarding compliance notices and directives.
- Advising Anglo American in respect of various regulatory, environmental, and mining compliance and regulatory matters.
- Part of the regulatory team involved in the sale of one of the largest wet millers in sub-Saharan Africa in a deal valued at ZAR 5.35 billion.
- Part of a regulatory team that provided advice in respect of the development, financing, design, construction, operation and maintenance of the three gas pipelines located in the Germiston, Clayville and Nigel and implementation of a gas transportation and facility agreement.
- Assisted an international mining house with mining, environmental and regulatory advice which inter alia included:
- investigating the status of the section 31L National Environmental Management Act 107 of 1998 (NEMA) notice issued by the Department of Mineral Resources and Energy;
- considering entitlement to refuse access to a leased area, and
- considering the implication of insolvency in context of an offtake agreement.
- Assist a major alternative investment company with a production finance of an Aim-listed minerals company worth approximately $65 million. Also assisted the same alternative investment company in respect of financing two another mining house – deal worth approximately $300 million and $100 million. Involvement entailed conducting regulatory, mining, empowerment, health and safety due diligence of the borrower and preparation of the transactional documentation.
Product Regulation Expertise
- Advising international and local clients on product regulation and compliance.
- Advised local and international corporations on consumer protection particularly product recalls and product liability.
- Provides general regulatory advice on permitting and compliance requirements for selling, manufacturing, distributing, producing, importing or exporting products such foodstuffs, toys, firearms, drugs, fertilizers, farm Feeds, seeds, agricultural remedies etc.
Government Contracting and Procurement Expertise
- Advising international, local, listed and unlisted entities in relation to governmental processes, licensing, regulatory, third-party disputes including the application of supplier development programmes in South Africa.
Part of the Eskom State Capture Task Team advising on governance, procurement, consequence management and the formulation of implementation plans to recover losses arising from State Capture.
Publications & Insights
- South Africa: Beware when acquiring tailings dams as part of a mine or mineral processing facility
- South Africa: Jagersfontein tragedy highlights complicated regulatory regime for tailings dams
- Revised minimum emission standards provide relief for major sulphur dioxide (SO2) emitters
- COVID-19: Certain environmental process and other timeframes extended, South Africa