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Law Students Shaping the Future of Mining in Africa

  • African law students are changing the way we access data by leading efforts to disseminate Africa’s mining legal frameworks through the African Mining Legislation Atlas (AMLA) project

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Naomi Kakundu is from the small town of Ndola in the copperbelt province of Zambia. In 2014, she was a second-year law student at the University of Cape Town Faculty of Law, considering whether to take an elective course in mineral law.

In Scotland, from Conakry, Guinea, Abdoul Karim Kabele-Camara was working on his PhD at the University of Dundee, specializing in mining infrastructure development and regulation in Sub-Saharan Africa.

In Mozambique, Deisy Ribeiro had begun her first year as a law student and became interested in mineral law after hearing about her country’s natural resource discoveries and the lack of local professionals to meet the needs of companies investing in Mozambique.

Naomi, Abdoul and Deisy joined 11 other students in 2014 to become part of Africa’s next generation of leaders in the mining sector, through their role as founding members of the Legal Research Team of the African Mining Legislation Atlas (AMLA) Project.

The AMLA Project gathers, organizes, and disseminates laws and builds capacity across the African continent via three main channels:

An online platform, providing a free, easily accessible one-stop resource for Africa’s mining legal framework;
Production of a guiding template, an annotated document outlining legislative solutions to assist in the preparation or revision of African mining laws; and Capacity building through training (on-ground and remotely) of African law students in the use of the platform and overall mining law issues.
Initiated by the World Bank Group in 2013, the AMLA Project is a multi-stakeholder program that works in close partnership with the African Legal Support Facility, the African Union Commission, several African universities and other global private and public institutions.

Currently, the project has trained 44 African law students—20 women and 24 men—from 17 countries. Students represent all four regions of the African continent and speak French, Portuguese, Arabic and English.

Starting with an intensive 10-day training, pre-selected students attend sessions on a diverse range of topics impacting the mining sector, from fiscal regimes, licensing and local content to community development, environmental protection and health and safety. Students are introduced to the AMLA platform that is populated with the primary mining codes, regulations and related legislation of all African countries.

The best students from each year’s training are invited to join the Legal Research Team responsible for populating and updating the AMLA platform. Each student on the Legal Research Team is assigned to analyze a minimum of two countries’ mining legislation against a common taxonomy of topics, to encourage comparative analysis, and gives each member the mission to also gather related legislation.

Members of the Legal Research Team rely on each other to answer questions of legislative interpretation and formatting, engaging with one another weekly and often daily via the World Bank Group’s Communication for Development (C4D) online platform. A group of experts in the field are also present on the C4D platform, to guide the students in their research assignments when needed.

Today, Naomi, Deisy and Abdoul are all applying the knowledge they gained through AMLA training as legal professionals in the mining sector. Naomi serves as a reviewer of the Legal Research Team’s research results and is preparing to begin postgraduate studies in Tax Law with a focus on mining tax. Abdoul serves as a reviewer and Project Coordinator for the AMLA Project at the African Legal Support Facility. Deisy graduated with distinction from her legal studies, has published and lectured on criminalizing the illegal sale of precious stones, and now works as a junior legal researcher at a Mozambican law firm, focused on legal services in oil, gas, mining, energy and infrastructure projects.

“The work of the AMLA legal team not only provides the world with an incredible resource but it also prepares the next generation of African leaders to develop mining frameworks that foster sustainable development in our countries,” said Abdoul Karim Kabele-Camara, member of the AMLA Legal Research Team and AMLA Project Coordinator at the African Legal Support Facility.

The AMLA Project continues to train law students in the use of the platform and mining law in general, and is preparing for its third annual training with 33 African law students in December 2016.

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Source: worldbank


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New road rules for South Africa by end of the year?

THE national Department of Transport is hoping to reduce road deaths with new legislation that includes slower speed limits and an end to carrying children in an open bakkie.

Long queues and understaffed vehicle-licensing centres frustrate thousands of drivers in South Africa – but now the national Transport Department could anger drivers further by compelling them to take a practical test when renewing a driving licence.

Draft regulations intended to curb road carnage include slower speed limits, the banning of carrying children in a bakkie load bay and restricting the use of heavy vehicles.

In April, it was reported that national Minister of Transport Dipuo Peters had proposed restrictions on goods vehicles on public roads. Now it seems the minister is making good on her promise to restrict the use of commercial vehicles with a gross vehicle mass (GVM) exceeding 9 000kg.

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The propose these changes to legislation:

• Drivers to be re-evaluated when renewing a licence.

• No more than five people to be carried in a bakkie load bed.

• Children not to be transported in a bakkie load bed.

• Speed limits to be reduced from 60km/h to 40km/h in urban areas, from 100km/h to 80km/h in rural areas and from 120km/h to 100km/h on freeways running through a residential area.

• Goods vehicles above 9 000kg GVM to be banned from public roads during peak travelling times.

Transport department spokesman Ishmael Mnisi said that the proposed legislation would have to be presented to his party’s cabinet, be discussed in Parliament and include public input.

He said the department hoped to implement the proposed regulations by the end of 2015.

Source: news24


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