The environment sustains all living entities on Earth. It provides us with the resources needed for daily survival. We are all responsible for the environment and we must all play our part in preserving and conserving it. We partner with groundbreaking organisations including Schindlers Forensics, various reporting/regulatory agencies/bodies, and consumer/activist groups, that capacitate and resource our team. Schindlers Environmental Law Department offers the following services in the environmental space:
COMPLIANCE AND RISK-RELATED SERVICES
Mainly relating to Environmental and Health and Safety Legal Compliance Evaluations and auditing.
DEVELOPMENT PLANNING
Relating to water use licenses, waste management licenses, building plan/town planning laws, and various other applicable authorisation requirements.
LENDER LIABILITY ADVICE
ENVIRONMENTAL IMPACT ASSESSMENT (EIA) ADVICE
ENERGY LAW
Environmental legal due diligence investigations for energy/renewable energy projects and the health and safety regulations pertaining, assisting energy companies to achieve and maintain legal compliance and so on.
COMMERCIAL RELATED SERVICES
Due diligence investigations, structuring of transactions and holding companies, assisting clients who are party to certain transactions, drafting and interpretation of contracts.
DISPUTE RESOLUTION
Environmental litigation as well as arbitration, regarding sustainability compliance and risk-related matters.
MINING AND TAX LAW
Policy and legislative impact analysis and formulation of mining industry responses in the areas of mineral policy, land reform, taxation, health and safety, mine security and stability, social security, retirement reform and compensation for occupational diseases, mining rights, land reform, taxation, retirement fund, mine security and stability issues.
LOBBYING OF AND ADVOCACY
To the Department of Mineral Resources and Energy, Parliament, the South African Revenue Service, National Treasury and other government departments.
Please contact Divina Naidoo at naidood@schindlers.co.za for more information or assistance.
Divina completed her Bachelor of Arts (Law) and LLB, graduating Cum Laude, at the University of the Witwatersrand. She thereafter completed her LLM specialising in Environmental Law with her majors being in Mining and Energy Law, which formed the basis of her Research Report, from the same institution. Divina is currently an Associate in the Commercial Law Litigation and is the lead attorney in the Environmental Law Department at Schindlers.
Through Divina’s detailed research and practical knowledge she has gained significant knowledge of the MPRDA (South Africa’s governing Mining Legislation); the Constitution (in particularly section 24, the Environmental Right), Prospecting and Mining, Independent Power Producer Processes (“IPPP”), Project Financing and compliance in terms of the emerging Climate Change Legislation both in a South African and International context.
Divina has also completed extensive studies on the Constitutionality on Fracking in the Karoo which have been published in legal scholarly journals and supplied her with the relevant knowledge on the impact and compliance regulatory regime on water resources, waste and pollution control. Divina also prides herself in her pro bono environmental initiatives such as her involvement in Schindlers EcoForensics, particularly, the project which she currently heads up In Namibia concerning the oil and gas drilling in the Kavango Basin (a UNESCO protected heritage site) where she is currently working with a group of experts cross-jurisdiction to make an impact.
Marc completed his LLB with his majors being in public law and litigation, legal transformation, international law and administrative law from the University of Pretoria. Marc is currently a Candidate Attorney in the Property Law and the Environmental Law Department at Schindlers.
With a strong theoretical and practical knowledge in Administrative Law, particularly the operational function of PAJA and PAIA, Marc is able to apply his knowledge to the environmental issues he is faced with. This knowledge is advantageous and Marc is a key player in the team as Administrative Law and the consideration of the Environmental Rights, entrenched within the Constitution, are invariably linked. Together with Marc’s intimate practical understanding of International Law, Public Litigation, SLAPP and class action suits, Marc is an experienced litigator and researcher in this regard.
Marc entered law with a foundation in engineering and therefore understands the scientific element and analytical data of many of the environmental issues the team is faced with. Marc is able to provide advices from a legal and engineering aspect. Marc also plays an active role in Schindlers EcoForensics, particularly, the project concerning the oil and gas drilling in Namibia’s Kavango Basin where he compiled an extensive scientific legal report to the Namibian government in terms of the relevant Environmental Impact Assessment practices and scientific legal advices on the Seismic Survey provided for public comment.
