Africa’s critical minerals, geopolitics, and the vital role of the legal profession

Africa has emerged as a central player in the global race for critical minerals. The continent is home to substantial reserves of lithium, cobalt, manganese, rare earth elements, and other resources that are essential to the energy transition, electric mobility, defence technologies, and advanced manufacturing. 

According to the World Economic Forum, and many others, sub-Saharan Africa holds nearly 30% of known global reserves of critical minerals, 

As global demand intensifies, African governments are increasingly viewing critical minerals not merely as commodities, but as strategic assets capable of driving industrialisation, revenue generation and geopolitical leverage.

This heightened strategic importance has brought new and complex challenges.

Resource nationalism is on the rise across several jurisdictions, with governments revising mining codes, increasing state participation, tightening licensing regimes and introducing beneficiation and export control requirements. While these measures are often motivated by legitimate development objectives, sudden or unpredictable policy shifts can undermine investor confidence and delay project execution.

At the same time, Africa’s critical minerals sector has become entangled in broader geopolitical competition. Major economies are seeking to secure stable supply chains, leading to increased scrutiny of foreign investment, exposure to sanctions regimes, and political pressure on host states and operators. Multinational companies operating across borders must now navigate overlapping legal, regulatory and political frameworks, significantly increasing compliance and operational risk.

Security concerns and political instability in certain mineral-rich regions further complicate the landscape. Conflict, governance challenges, and infrastructure constraints can disrupt operations and threaten long-term project viability. In parallel, environmental, social and governance considerations have become non-negotiable. Global financiers and offtakers increasingly demand compliance with international ESG standards, meaning that legal compliance at the domestic level alone is often insufficient to secure market access.

Against this backdrop, the legal profession plays a critical protective role. 

Lawyers are central to structuring resilient mining and investment frameworks that can withstand regulatory change and political risk. Through careful drafting of mining agreements, joint ventures, and financing arrangements, legal advisors help mitigate exposure to policy shifts and disputes. They also support clients in navigating evolving regulatory regimes, engaging constructively with governments, and ensuring compliance across multiple jurisdictions.

Equally important is the role of legal professionals in dispute preparedness and risk management. From licence disputes and tax claims to international arbitration, early legal intervention can prevent escalation and preserve long-term relationships between investors and host states. Increasingly, lawyers also serve as intermediaries between geopolitics and governance, advising on ESG compliance, supply chain transparency, and sanctions risk.

These issues will form a key part of the discussions at our GC Forum Extractives, taking place in Cape Town on 11 February, where in-house counsel, private practice lawyers, and key industry stakeholders will examine how legal strategy can help navigate geopolitical risk in the extractives sector.

Africa’s critical minerals offer a generational opportunity, but one defined by legal and geopolitical complexity. In this environment, the legal profession must be not merely reactive, but strategic, helping to ensure that the continent’s mineral wealth translates into sustainable development rather than geopolitical tension.

Scott Cowan is the co-founder & CEO of Africa Legal. For more information on the GC Forum | Extractives, including details of our speakers and 2026 agenda, please visit the website. 

This event is free to attend for mining and energy GCs and in-house legal teams; mining and energy professionals in leadership, risk and compliance roles; government relations, policy and regulatory professionals; investors and financiers in the mining and energy sectors; NGOs and academia. Registration is closed to non sponsoring law firms. 

To attend please register here