The Constitutional Court has recently handed down a judgment that has been hailed as a victory for communities who have faced eviction because of mining. The days of mining companies claiming to meet the consultation requirements of the relevant legislation by dealing only with traditional leaders rather than those directly affected are at an end. This article provides a quick overview of the most important aspects of the judgment for communities and landowners.
The article portrays the standard of living and the deplorable conditions that exist in mining areas in Ghana. The Mineral Development Fund created by the government of Ghana has not been successful in ensuring that mining communities benefit sufficiently from mining revenues since development still does not take place. This article argues that part of the revenue that accrue to the nation from its minerals must be reserved for a national fund that is managed by a body that is not related to the state.
In response to a call for input on the reviewing of the Mining Charter, Prof. Nic Olivier, Prof. Hanri Mostert, Ms. Anri Heyns and Mr. Lindokuhle Ntuli made a submission to the Department of Mineral Resources and the Presidency on behalf of MLiA.
Professor Hanri Mostert shares the lessons she learnt from the late Professor Dee Bradshaw.
The Minister of Energy, Mines and Sustainable Development is championing mining tax reform for the direct benefit of local communities.
As technology and vehicle companies become increasingly reliant on cobalt, many business, government, and nonprofit leaders have grown concerned about the mineral’s controversial supply chain. A large amount of cobalt continues to be mined using child labor in the Democratic Republic of Congo (DRC). In particular, the dominant roles played by both China and the DRC have raised major concerns about ensuring supply of this increasingly valuable commodity.
South Africa’s mining industry is in trouble. South Africa is no longer seen to be a favouredmining investment destination. Investor-friendly regulations are seen as crucial in order to improve the mining sector’s fortunes. The Government of South Africa, as well as the Minerals Council South Africa (previously the Mining Chamber), is seeking to stimulate growth and encourage greater investment in South Africa. There is a need to improve South Africa’s mining policy in hope of improving regulatory certainty for investors and kick-starting the country’s lagging economy.
This article looks at how safety challenges are being addressed through mining stoppages under section 54 of the Mine Health and Safety Act 29 of 1996. The Act empowers inspectors to halt mining operations when the conditions in a mine pose a threat to the safety of mineworkers. Mining companies, however, view some of the safety stoppages as unnecessary and believe that the legislation can be better implemented to ensure the safety of mineworkers and still continue production.
Legislative measures have been put in place to ensure that mineworkers who contract silicosis and tuberculosis (TB) are compensated. The statutory compensation system is failing and reform is needed. The government and mining companies need to bolster their efforts in addressing the health challenges at mines.
On 21 August 2018, MLiA and the Department of Planning, Monitoring and Evaluation (DPME) are co-hostingan intergovernmental workshop on the coordination of mineral regulation and compliance across different organs of state.
The DMR has finally heeded calls to formalise mining activities carried out by zamazamas. Granting the Kimberley Artisanal Mineworkers a mining permit means that they may now operate within the confines of the law. The decision has been well received by zamazamasand some mining analysts. However, other mining analysts believe that more needs to be done to address illegal mining.
South Africa’s electricity generation remains dominated by coal. Despite the need for change, the move towards renewable energy sources has been held up by government intransigence in recent years. However, the signing of 27 Independent Power Producer agreements, a move in favour of using renewable energy sources, has been met with hostility by those with a stake in coal.