Edward James

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Articles

New Anti-Corruption Commission provided for in South African Bill

Nov 12, 2024 | pinsentmasons.com | Edward James |Alasdair Weir |Aleesha Way

A new body to be tasked with investigating and prosecuting “grand corruption” in South Africa is to be established under a draft law introduced into the country’s parliament. Edward James and Vishana Mangalparsad of Pinsent Masons in Johannesburg said the plans for the Anti-Corruption Commission (ACC) have the potential to help restore trust in the ability of South Africa’s institutions to root out corrupt actors. In recent years, South Africa has been gripped by corruption scandals.
Zambia mining law reform may deter private investment

Sep 24, 2024 | pinsentmasons.com | Edward James |Sylvia Tonova |Alastair Dale |Aleesha Way

The proposed reform, contained in the Minerals Regulation Commission Bill, aims to establish a new regulator to oversee and regulate mineral-related activities and to ensure transparent and efficient management of mineral resources. However, the bill has prompted concerns in the mining industry around its potential to deter mining investment in Zambia.
Botswana mining law proposals pose potential litigation and corruption risks

Sep 2, 2024 | pinsentmasons.com | Edward James |Sylvia Tonova |Aleesha Way |Alexis Coleman

In a significant move aimed at bolstering local participation in the mining sector, the Botswanan government set out plans to amend the existing Mines and Minerals Act. “Whilst Botswana has historically been considered the cleanest country in Africa from a corruption perspective, it is not immune from corruption risk and companies will need to tread carefully if the new law is introduced,” said Edward James, anti-corruption and bribery law expert at Pinsent Masons.
Charges brought over alleged renewables corruption

Jun 14, 2024 | pinsentmasons.com | Edward James

The National Crime Agency (NCA) announced it had charged PV Energy Limited (PVE) with failing to prevent bribery, on 23 May. PVE develops, builds, operates, and sells solar photovoltaic (PV) energy projects for project developers, investors, governments, and private businesses. PVE has entered into engineering, procurement and construction contracts relating to the supply of renewable energy and solar power in a number of countries outside of the UK.
South African court clarifies what may be a corrupt offer

May 15, 2024 | pinsentmasons.com | Edward James |Adam Cain |Aleesha Way |Alexis Coleman

According to Johannesburg-based anti-corruption law expert Edward James of Pinsent Masons, the court case has made the legal position on what constitutes a corrupt offer “quite clear” and companies need to be aware that they could be held strictly liable for inappropriate offers made by associated persons, even if the offers are in vague terms and not taken any further. The case involves former South African State Security Minister Bongani Bongo, who was previously charged for alleged corruption.
PODCAST: How businesses can be heard in the world's election year, and South Africa's challenges implementing new anti-corruption law

Apr 30, 2024 | pinsentmasons.com | Andrew Henderson |Edward James

Out-Law Guide Most contracts for construction works will include an extension of time mechanism, whereby the contractor will be entitled to an extension of time to the agreed completion date – the date by which the works must be completed – in circumstances where there are delays to a project which are not the contractor’s fault or for which the employer has taken the risk.
New South African ‘failure to prevent’ corruption offence takes effect

Apr 5, 2024 | pinsentmasons.com | Edward James |Adam Cain |Aleesha Way

Edward James, an expert in global investigations at Pinsent Masons, was commenting after the Judicial Matters Amendment Act was signed into law on Wednesday. The introduction of a new offence of failing to prevent corruption activities, under the Prevention and Combatting of Corrupt Activities Act 2004 (PRECCA), is arguably the most notable change delivered by the new legislation.
SFO focus signals greater corruption enforcement risk in the UK

Feb 27, 2024 | pinsentmasons.com | Edward James

The case was led by the National Crime Agency (NCA), underlining how UK corruption cases are increasingly being investigated by a range of law enforcement agencies. It could set the tone for a more rapid results-driven approach by UK law enforcement where evidence gathering allows. The case brought by the NCA involved bribe solicitation self-reported by a mining company.
The link between the energy transition and corruption risk in mining

Sep 14, 2023 | pinsentmasons.com | Edward James

New mines, in new locations, will almost certainly need to be opened to meet the increase in demand. However, the drive to scale-up renewables generation, and promote the electrification of sectors such as transport, is also likely to cause corruption risks that are inherent in both mining and renewables projects to surface – risks that businesses will need to navigate. To understand how corruption risk may materialise, it is first important that businesses understand why and where it may arise.
Corruption risks in mining remain despite UK probes dropped

Aug 28, 2023 | pinsentmasons.com | Edward James

Edward James of Pinsent Masons was commenting after the SFO confirmed on 24 August that it had dropped two corruption investigations in the mining sector – one into Rio Tinto, the other into Eurasian Natural Resources Corporation (ENRC). The SFO began investigating suspected corruption in the conduct of business in the Republic of Guinea by Rio Tinto, its employees and others associated with it, in 2017. Its separate investigation into ENRC was commenced in 2013.