Kwanda Nyembe
Associate | Johannesburg
Contact
T: +27 11 669 9669
E: kwanda.nyembe@bowmanslaw.com
Overview
Kwanda advises public and private sector clients on mining, environmental, and procurement law. He has experience in the application of the Mineral and Petroleum Resources Development Act (MPRDA) and assists clients with permitting for prospecting and mining operations.
He advises on environmental law and covers the National Environmental Management Act (NEMA), the Specific Environmental Management Acts (SEMAs), and related municipal by-laws. In procurement law, he advises on government contracting under section 217 of the Constitution and compliance with the Public Finance Management Act (PFMA) and Municipal Finance Management Act (MFMA). He also represents clients in review applications arising from administrative action.
Prior to joining Bowmans, Kwanda held leadership roles at Stellenbosch University, serving on the Central Disciplinary Committee and the Disciplinary Appeal Committee, the university’s highest disciplinary structures. He also served as a Justice of the Student Court and contributed as a mentor for first year law students, academic tutor, and Vice President of the Golden Key Stellenbosch Chapter.
Experience
- Advising Eskom Holdings SOC Ltd on recovery efforts arising from state capture, including ongoing civil litigation.
- Providing regulatory advice to local and international corporates on compliance with mining, environmental, empowerment, and employment health and safety laws.
- Conducting regulatory compliance due diligence across sectors, covering environmental, mining, empowerment, and product regulatory matters.
- Advising on the implications of the Expropriation Act 13 of 2024, including whether it could be applied to expropriate mining titles, prospecting rights, water use licences, and environmental authorisations.
- Advising on the regulatory framework governing Extended Producer Responsibility (EPR), including establishing and registering EPR Schemes under NEMA and SEMAs, with guidance on compliance obligations, producer liability, and take-back responsibilities.
- Advising on environmental permitting requirements for the development of a hybrid power generation facility (solar, thermal, and battery energy storage), ensuring compliance with national legislation, regulations, municipal by-laws, and regulatory instruments.
- Acting in an environmental dispute concerning mine rehabilitation and the granting of a closure certificate, currently before the Supreme Court of Appeal.
- Advising on the legal implications of Draft Private Security Regulations and their impact on industry security operations, including firearms regulation, in-house security, and operational security, and assisting with formal submissions to the regulator.
- Acting in litigation relating to a request under the Promotion of Access to Information Act (PAIA) concerning notarial execution of mining rights.
AREA OF EXPERTISE
Qualifications
Education
- LLB, Stellenbosch University
Professional Memberships
- Admitted Attorney of the High Court of South Africa.
Overview
Kwanda advises public and private sector clients on mining, environmental, and procurement law. He has experience in the application of the Mineral and Petroleum Resources Development Act (MPRDA) and assists clients with permitting for prospecting and mining operations.
He advises on environmental law and covers the National Environmental Management Act (NEMA), the Specific Environmental Management Acts (SEMAs), and related municipal by-laws. In procurement law, he advises on government contracting under section 217 of the Constitution and compliance with the Public Finance Management Act (PFMA) and Municipal Finance Management Act (MFMA). He also represents clients in review applications arising from administrative action.
Prior to joining Bowmans, Kwanda held leadership roles at Stellenbosch University, serving on the Central Disciplinary Committee and the Disciplinary Appeal Committee, the university’s highest disciplinary structures. He also served as a Justice of the Student Court and contributed as a mentor for first year law students, academic tutor, and Vice President of the Golden Key Stellenbosch Chapter.
Experience
- Advising Eskom Holdings SOC Ltd on recovery efforts arising from state capture, including ongoing civil litigation.
- Providing regulatory advice to local and international corporates on compliance with mining, environmental, empowerment, and employment health and safety laws.
- Conducting regulatory compliance due diligence across sectors, covering environmental, mining, empowerment, and product regulatory matters.
- Advising on the implications of the Expropriation Act 13 of 2024, including whether it could be applied to expropriate mining titles, prospecting rights, water use licences, and environmental authorisations.
- Advising on the regulatory framework governing Extended Producer Responsibility (EPR), including establishing and registering EPR Schemes under NEMA and SEMAs, with guidance on compliance obligations, producer liability, and take-back responsibilities.
- Advising on environmental permitting requirements for the development of a hybrid power generation facility (solar, thermal, and battery energy storage), ensuring compliance with national legislation, regulations, municipal by-laws, and regulatory instruments.
- Acting in an environmental dispute concerning mine rehabilitation and the granting of a closure certificate, currently before the Supreme Court of Appeal.
- Advising on the legal implications of Draft Private Security Regulations and their impact on industry security operations, including firearms regulation, in-house security, and operational security, and assisting with formal submissions to the regulator.
- Acting in litigation relating to a request under the Promotion of Access to Information Act (PAIA) concerning notarial execution of mining rights.
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