Law firms, in-house teams, energy transition minerals, and Africa’s sustainable mining imperative

Africa is rapidly emerging as a cornerstone of the global energy transition.

As I noted in my first article in this two-part series, the continent holds some of the world’s most significant reserves of critical minerals such as cobalt, lithium, copper, manganese and rare earths, resources essential to renewable energy technologies, electric vehicles and battery storage. 

As global demand accelerates, investment in Africa’s mining sector is intensifying. This growth, however, brings heightened legal complexity, regulatory scrutiny and expectations around ethical and sustainable development.

Mining projects linked to energy transition minerals operate at the intersection of law, geopolitics, community interests and global capital. African governments are increasingly focused on ensuring that mineral wealth supports industrialisation, value addition and long-term development, while investors and financiers demand legal certainty, ESG compliance and stable regulatory frameworks. Law firms play a critical role in aligning these interests from the earliest stages of project development.

Across the continent, regulatory regimes governing energy transition minerals are evolving. Greater emphasis is being placed on environmental protection, local content, beneficiation and state participation. Navigating these frameworks requires not only technical legal expertise, but also a nuanced understanding of local political and regulatory dynamics. Law firms advise on licensing, structuring and compliance in ways that preserve project bankability while meeting public policy objectives.

Transactions in the critical minerals space are often complex and multi-jurisdictional. Joint ventures, strategic partnerships and project financing arrangements commonly involve international mining companies, local partners, state-owned entities and development finance institutions. Law firms coordinate due diligence, negotiate mineral development agreements and structure transactions that appropriately allocate risk and withstand regulatory change.

Beyond transactions, law firms are increasingly central to embedding environmental, social and governance (ESG) principles into energy transition mining projects. Ethical sourcing, community engagement and transparent governance are now fundamental commercial considerations. These themes have featured prominently at the Africa Legal GC Forum: Extractives, where in-house counsel from across the energy and mining sectors have explored how legal teams can support responsible development while managing operational and reputational risk.

Africa Legal has played a key role in galvanising an in-house energy and extractives GC community, providing a platform for candid discussion, shared learning and collaboration across jurisdictions. This convening role is increasingly important as legal leaders grapple with the fast-moving regulatory and commercial dynamics shaping Africa’s critical minerals landscape.

The broader critical minerals conversation is also being shaped by initiatives such as the Critical Minerals Africa Group (CMAG), led by Ronnie Bolton Smith, whose work has been instrumental in advancing informed, Africa-focused dialogue on the strategic, governmental and policy dimensions of critical minerals across the continent. Such leadership and collaboration are essential to ensuring that Africa’s role in the energy transition is both competitive and sustainable.

As Africa positions itself as a strategic supplier of energy transition minerals, law firms are evolving from technical advisers to strategic partners, helping to deliver projects that support the global energy transition while creating lasting value for African economies and communities.

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.