Program Overview

Introduction to the LLM in the Law of Mineral and Petroleum Extraction and Use

The NRF/DST SARChI Research Chair: Mineral Law in Africa offers a specialised LLM in the Law of Mineral and Petroleum Extraction and Use, in the Faculty of Law at the University of Cape Town. This programme provides a comprehensive overview of the sector, with specialist knowledge of the legal facets of mineral and petroleum extraction and use.

Programme Structure

The programme can be done as either an LLM, or for those students without a legal background, an MPhil. The programme is composed of three compulsory courses on the subjects of:

• Comparative mineral law
• Resource revenue law
• The negotiation of extractive agreements and mining contracts Depending on your interests, you can choose between two electives on the subjects of:
  • Oil and gas law
  • The energy transition Both electives run simultaneously in the first semester. Each of the courses adopts a holistic approach to the legal framework, embedding the law within the relevant socio-political context.

Course Topics

The various relationships between the mining sector and government, society, communities, the environment, employees, as well as other stakeholders, are canvassed. This multi-stakeholder perspective provides a practical and multi-disciplinary approach, thus affording a unique and contextual insight into the complexities of the sector. Topics that may be covered within each of the courses include:

• Governance
• Licensing
• Foreign investment
• Expropriation
• Corporate social responsibility
• Black Economic Empowerment
• Environmental obligations
• Technical considerations
• Crime
• Stakeholder obligations
• Zoning
• Critical minerals
• The energy transition

Research Areas

The programme is part of the broader research focus of the Mineral Law in Africa initiative, which explores the legal, social, and economic aspects of mineral and petroleum extraction and use in Africa. The research areas covered by the programme are designed to provide students with a deep understanding of the complex issues surrounding mineral and petroleum extraction and use.