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Legal Risk Analysis & Consultancy Services
for the Global Mining Industry

Jurisdictions

How do the Legal Risk Ratings work?

  • Critical
    Risk
  • Severe
    Risk
  • Substantial
    Risk
  • Moderate
    Risk
  • Low
    Risk
  • Minimal
    Risk
See methodology
Namibia

As with neighbouring South Africa, Namibia's mining code grants the government considerable control over the mining industry. The restrictions on strategic minerals ensure that joint ventures with the State will be necessary in order to carry out operations; negotiating such ventures and taking advantage of the option to enter into mineral agreements with the State, as diamond giant De Beers has done, will be key in reducing the levels of Ministerial discretion and prove absolutely crucial to achieving economic success in the country.

Ratings
Regulatory Risk Rating: 27
Corruption Potential Index: 5
Corruption Risk Index: 52
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Regulatory Risk Rating (RRR)

Measures the risk that an investor will lose the economic benefits of a mineral discovery based only on the key laws, regulations and policies in the jurisdiction – with a rating of 100 equating to zero risk.  

Regulatory Corruption Risk (RCR)

Measures the extent to which the legal framework protects against corrupt practices. The rating is produced on the basis of MineHutte’s regulatory risk analysis, taking into account the following key factors: (a) the importance of various government decisions in the administration of mineral projects; (b) the degree of discretion associated with those decisions under the legal framework; and (c) the role of various state actors in the decision-making process.

Corruption Exposure Risk (CER)

The CER rating filters the mining legislation through a governance lens and indicates the likelihood of government actors using discretionary powers for improper (corrupt) purposes and objectives. It is the result of a mathematical screening of the RCR through the lens of the Economist Intelligence Unit’s Democracy Index. The combination of a governance metric with a regulatory corruption metric allows stakeholders to understand the actual risk of corruption materialising in a given jurisdiction.

Jurisdictions

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Contact us

  • Recommendations for decreasing regulatory risk and corruption potential in mining codes
  • Advise on regulatory amendments to assist with FDI attraction
  • Regulatory risk assessment of draft legislation, comparative reviews and global benchmarking
  • Review and assessment of mining agreements and conventions
  • Recommendations for transferring mining policy to mining legislation

  • Instant regulatory analysis and jurisdictional briefings
  • Regulatory risk analysis by stage of mining cycle
  • Library of laws and regulations
  • Briefing reports with comparative analysis to accompany mining agreements and conventions
  • Assistance for inclusion of ‘soft issues’ in mining agreements and conventions

  • Regulatory risk analysis and comparative reviews – broken down by stages of mining cycle
  • Identification of regulatory risk in key areas including transfer of titles & security of tenure
  • Advise on socio-economic commitments in mining agreements: from CSR to regulation
  • Implications of mining law amendments on investment risk and project specific risk
  • Technical report input for environmental requirements and development considerations

  • Fiscal regime profiles
  • Mineral licensing structures & authorities
  • Mineral regulatory regime outlines and briefings
  • Community engagement requirements under regulations
  • Review of best practice and comparative regulatory guidance

  • Consultations and briefings on draft mining codes and regulatory implications
  • Engagement strategy on legal frameworks and future mining projects
  • Guidance on legal frameworks for potential investors and interested parties
  • Communication & engagement strategies to effect positive regulatory change
  • Corruption and regulatory risk benchmarking for competitive analysis