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Voluntary carbon credit markets are rapidly expanding with significant increases in both trade volumes and investors looking for emission reduction/sequestration projects. Key to investment decisions are assumptions on the ability to use GHG reductions/sequestration achieved in a host country as the basis for issuing voluntary carbon credits that can be traded internationally. Please join us on 27 July for a 45 minute webinar in which Baker McKenzie will provide an overview of these issues and some of the themes that can be drawn from recent developments in Asia and Africa.

In February this year, the South African Hydrogen Society Roadmap was published by the South African government. This is the culmination of efforts spread over many years. As the country navigates its energy transition, the Roadmap is considered to be an important marker on its path towards implementing hydrogen development, which is envisaged to be at the centre of South Africa’s strategy for economic growth and mitigating climate change.

Bilateral trade between China and Africa is increasing year on year. While COVID lockdowns have resulted in logistics bottlenecks, trade between the two regions has not been severely impacted, especially in terms of exports from Africa into China. China has continued to import African agricultural goods and raw materials, with food security and materials needed for the energy transition considered to be a priority. The ties between these two regions continue to strengthen, and are expected to be further bolstered as free trade under the African Continental Free Trade Area takes hold.

The settlement of employment disputes include, as standard practice, the addition of a confidentiality clause to settlement agreements. However, what happens when an employee breaches such an agreement by disclosing confidential information during legal proceedings or where the information pertains to wrongdoing by the employer? The Labor Appeal Court in South Africa recently considered this matter.

The Competition Commission in South Africa recently published a Practice Note on the Promotion of Competition and Inclusion in Supplier Panels of Banks and Insurers. This Note is intended to guide Banks and Insurers on the best practices and pro-competitive principles that can be applied when appointing suppliers to Supplier Panels (including conveyancing and automotive panels). Banks and Insurers should take measures to comply with this guidance, as non-compliance could attract enforcement action.

Countries in Africa will benefit from the increase in commodity prices and the growing demand for green energy, but the continent must address its infrastructure gap to better enable it to do so. At the same time, the commodity bull run, and growing focus on ESG policies, is boosting investor interest and unlocking finance for Africa’s infrastructure development.

Novice and junior miners struggle to raise traditional debt capital when acquiring or developing a mine. However, the successful implementation of a variation on the streaming contract theme provides an interesting alternative for miners lacking the requisite balance sheet capacity to attract traditional debt finance. This form of alternative financing can ensure that junior miners have sufficient cash upfront to acquire, operate and generate profit from a mine. As such, the possibility arises that the ideals laid out in the Preamble of the Mineral and Petroleum Resources Development Act can be realized, specifically that the minerals of South Africa can be used as vehicle for socio-economic upliftment.