Samantha Martin

Areas of Practice: administrative law, commercial law, constitutional law, environmental law, human rights, insolvency and company law, labour law, local government, matrimonial and family law, mining law, shipping law

martin_samantha
Year of Admission

2011

Contact Details

082 376 9667 / +27 (0)11 895 9000

Second Floor, Village Chambers

smartin@law.co.za

Samantha runs a general practice specialising in environmental law. She has a background in business and has experience in coordinating community campaigns. Samantha has conducted cases and research on environmental matters which include, but are not limited to:

  • Green crime and director liability;
  • Section 24G applications, environmental assessments;
  • Developmental disputes;
  • Surface use disputes with landowners and mining activities;
  • Admiralty land disputes;
  • Maritime law;
  • Criminal prosecution for contraventions of NEMBA;
  • NEMBA permit requirements;
  • Prospecting and mining rights applications;
  • Water Use License disputes;
  • NSPCA cases;
  • Forestry industry compliance;
  • Trading, relocation, rehabilitation of wildlife in terms of NEMBA
  • Industry related compliance requirements under OHSA and NEMA
  • OHSA HIRA and Quality management

She has a strong background in Access to Information Applications and Reviews in terms of Administrative Law.

In 2014 she passed qualifications for two Lead Auditor Courses in ISO 14001 (environment) and ISO18001 (occupational health and safety) with Advantage A.C.T. and T.U.V. Rheinland – she is therefore fully conversant in environmental management systems and certification.

Fields of practice

  • Administrative Law
  • Commercial Law
  • Constitutional and Human Rights Law
  • Insolvency and Company Law
  • Labour Law
  • Local Government Law
  • Matrimonial and Family Law
  • Shipping Law
  • Environmental Law
  • Mining Law

Education

  • High school Matric – Roedean School South Africa – 1998
  • University and qualification BComm Law – Rand Afrikaans University – 1999 to 2001
  • University and qualification LLB Degree – University of South Africa – 2002 – 2004

Further qualifications

  1. Business Rescue Law – University of South Africa in conjunction with L.E.A.D.
    Diploma on the new Business Rescue provisions in the Companies Act (amended).
  2. International Environmental Law UNITAR – Switzerland – 2013
    International Environmental Law; Environmental Compliance; International Environmental Negotiation
  3. Certificate in Prospecting and Mining Law; University of the Witwatersrand – 2013
    • Conceptual Issues: Prospecting, Mining, Minerals, Associated Concepts, Custodianship, Cuius Est, Nature of Rights, Security of Tenure.
    • Acquisition and conversion of rights, transfer, bonding, letting, amendment and lapsing.
    • Black Economic Empowerment in the Mining Industry, the Mining Charter and Scorecard, the Code of Good Practice, and the Housing and Living Conditions Standard.
    • Special Types of Mining (quarrying, residues, off-shore, petroleum).
    • Co-ownership, mixed minerals, unlawful mining.
    • Surface Use.
    • Fiscal Issues.
    • Environmental Issues relating to Prospecting and Mining.
    • Administrative Law Aspects.
    • Constitutional Property Aspects (expropriation, compensation, bilateral investment treaties, international arbitration, nationalisation).
    • Mine Health and Safety.
    • State Royalties.
    • Beneficiation, unwrought precious minerals, unpolished diamonds.
  4. ISO 14001 ENVIRONMENTAL MANAGEMENT SYSTEMS Lead Auditor Course Certificate
    TUV Rheinland – 2014
    IRCA registered
  5. ISO 18001 OCCUPATIONAL HEALTH AND SAFETY Lead Auditor Course Certificate
    Advantage A.C.T. – 2014
    IRCA and SAATCA registered

Society memberships

  • Environmental Law Association
  • EarthLife South Africa

Languages

English, French and basic Mandarin. Currently studying conversational Zulu.