Preliminary study on artisanal and smallscale mining in. Bancroft, a former professor of geology at mcgill university, discovered the bancroft mine. The british south africa company bsac or bsaco was chartered in 1889 following the amalgamation of cecil rhodes central search association and the londonbased exploring company ltd, which had originally competed to exploit the expected mineral wealth of mashonaland but united because of common economic interests and to secure british government backing. Report on the implementation evaluation of the effectiveness. Aug 16, 2012 the junior mining sector in south africa was born of new legislation in the form of the mining and petroleum resources development act of 2006.
Despite being considered a priority by government and industry, the evidence on the extent of transformation in the mining industry is, at best, unreliable mitchell, 20. Mining in south africa mining of mineral resources siyavula. The mineral revolution was largely driven by the need to create a permanent workforce to work in the mining industry, and saw south africa transformed from a patchwork of agrarian states to a unified, industrial nation. The pathaut database was the primary and common data source used for identifying mine workers with occupational respiratory disease in all three mining sectors gold. In this thesis, it is hypothesised that sand mining is subject to all three regulatory themes equally. Opportunity lost or light at the end of the tunnel report released in february 20. The mine health and safety act mhsa, act 29 of 1996 was promulgated following the outcomes of the leon commission. The researcher employed a phenomenological strategy within the exploratory study. In seeking to attain transformation and empowerment objectives, south africas mining legislation is based on a system of state custodianship of mineral resources, in which the state, acting through the minister of mineral resources and energy, issues different types of licences and rights to applicants on a first come, first served basis.
The main challenge faced by the women was lack of career advancement, followed by discrimination in decision making and in remuneration. Mineral and petroleum resources development act department of. Theres never been a more pertinent time to reflect on the current landscape of the mining industry in south africa than now. Legislation at that time primarily focused on surface. Bancrofr, mining in northern rhodesia 2639 1961 dr. Unravelling safety compliance in the mining industry. One area of mining sector investment in south africa that is set to grow is the anticipated increase in bee deals. The mining, minerals and metals industry still faces. We also follow case studies that, in our view, provide good examples that support our previous observations and suggest the potential for a. South africa is also one of the most biologically diverse countries in the world and its. It is a followon from the state of mining in south africa. The study revealed that women in south africas mining sector still face a number of workplace challenges that act as stumbling blocks in achieving gender equity despite the countrys progressive legislation.
Mining companies operating within the south african environmental sphere have an obligation to adhere to the legal obligations, norms, standards, principles and guidelines as contained in south africa s multifaceted network of environmental legislation. Precolonial mining in southern africa article pdf available in journal south african institute of mining and metallurgy 1001. Policy and regulatory framework for south africas mining. The south african legislative frame viork for mine closure e. This case was an investorstate arbitration in which foreign investors challenged in terms of international investment treaties, among other things, the effect of the new mining legislation the mineral and petroleum resources development act, 2002 and certain aspects of the policy on black economic empowerment pertaining to mining interests.
Thirdly, it might forge ahead heedless of evidence and warnings about its consequences. Until the year 1812, three modes of tenure existed in the cape colony. Mining companies are still struggling to meet the 26% bee ownership deadline, required in terms of the mining charter, which passed on 31 december 2014. Acknowledging that south africas mineral and petroleum resources belong. Investors in aggregate saw a decrease in dividends and market capitalisation after a cautiously optimistic view on a recovery last.
Classification of smallscale mining activities in south africa 3 table 3. In this act, unless the context otherwise indicates. Adopted by the african heads of state at the february 2009 african union summit, the africa mining vision outlines the continents long term and broad development objectives for africas mineral sector. Iclg mining laws and regulations south africa covers common issues in mining laws and regulations including the mechanics of acquisition of rights, foreign ownership and indigenous ownership requirements and restrictions, processing, beneficiation in 28 jurisdictions. South african mining law is regulated by the mineral. Mining in south africa mining of mineral resources. Mining legislation and mineral development in zambia. Jul 24, 2018 this case was an investorstate arbitration in which foreign investors challenged in terms of international investment treaties, among other things, the effect of the new mining legislation the mineral and petroleum resources development act, 2002 and certain aspects of the policy on black economic empowerment pertaining to mining interests. Synthesis report introduction when struggling to meet the resource needs of a growing population, it can be easy to overlook the role that mining can play in a nations longterm social and economic development. Department of environmental affairs, department of mineral resources, chamber of mines, south african mining and biodiversity forum, and south african national biodiversity institute. Mining 2020 laws and regulations south africa iclg. Mining health and safety in south africa is governed by act 29 of the 1996 mine health and safety act.
We have been doing gold mining for more than a century and our mines are the deepest in the world. Part of this fabric is the mineral and petroleum resources development act no. The year 2018 was an eventful year for the mining industry. South africas mining and environmental legislation must operate. The mineral revolution is a term used by historians to refer to the rapid industrialisation and economic changes which occurred in south africa from the 1870s onwards. South africa has, and still is, relying heavily on mining activities to generate wealth that could be translated into economic development, infrastructure and employment.
Mining historically, south africa has been a leading global supplier of minerals and mineral products. We have taken a snapshot view of several mining regions across africa and share some of what is happening with regard to policy, infrastructure and funding. Concerns were also expressed about the familiarity of the drafters with south african conditions. We also follow case studies that, in our view, provide good examples that support. Certain aspects of the 2018 draft mining charter in south africa, in particular, the proposed. Occupational respiratory diseases in the south african mining. Environmental legislation and water management issues. The south african legislative framework for mine closure. Occupational respiratory diseases in the south african. Mining law in south africa mining legislation mining. Criteria used to define artisanal and smallscale mining in africa 3 table 2. Mine health and safety act, 1996 chapter 2 health and safety at mines. Mining legislation and mineral development in zambia muna ndulo.
Key considerations for possible optimisation of the legislation 18. The role of legislation and management standards article pdf available in sa journal of human resource management 7. Mining safety mining health and safety legislation in south. A strong focus on production characterises the mining industry. The south african mining code mprda was constructed, amended, and will be further amended if current proposals are adopted, with the object of increasing government control over, and increased economic returns from, the mining sector. Mining safety mining health and safety legislation in. The south african legislative frame viork for mine.
Early legislation focused on surface rehabilitation and the primary emphasis of mining was on its economic gains. Section 24 of the constitution of the republic of south africa, 1996. Investment laws in south africa foreign investors take note. Cliffe dekker hofmeyr mining investment in south africa in. In seeking to attain transformation and empowerment objectives, south africa s mining legislation is based on a system of state custodianship of mineral resources, in which the state, acting through the minister of mineral resources and energy, issues different types of licences and rights to applicants on a first come, first served basis. Until 2010 we were the leading producer of gold in the world.
Section 35 of the diamonds act 56 of 1986 and s 11 of the mineral and petroleum resources development act 28 of 2002 mprda deal with similar scenarios that are becoming more prevalent as foreign conglomerates move to south africa. These high performance pressures and time constrains decrease the safety level of operations. For background on sustainable development as this relates to mining in south africa, please refer to section 2. The focus was on the impact of legislation on the practice of eap in the south african mining industry. The mineral resources sector is primarily regulated by statute and in terms. Before the promulgation of the mhsa, the safety of the south african mine workers was provided for in the mines and works act no. The law enforced a use it or lose it principle, stipulating that mining rights not used by mining companies to exploit minerals in the ground would revert back to the state. Interventions to promote gender equality in the mining. It is important to be aware of the laws and regulations governing mining safety in south africa. Formal mining in south africa is more than 100 years old. The mandate given to the steering committee was to conduct an extensive consultative process to canvass stakeholder opinion for the preparation of a new minerals and mining policy for south africa. Iclg mining covers common issues in mining laws and regulations including the mechanics of acquisition of rights, foreign ownership and indigenous ownership requirements and restrictions, processing, beneficiation in 28 jurisdictions. In this years edition of state of mining in africa in the spotlight, we take a further look at, and reflect back on, our observations to see how the broad industry is progressing. Jan 24, 20 it currently comprises more than 105,000 autopsy records of miners from all population groups, all mining sectors, and all regions of south africa dating back 37 years to 1975.
In november 1995 a discussion document on minerals and mining policy for south africa was published and extensive written comments were received. An analysis of the legislative framework concerning. Mines and works act department of mineral resources. South africa in 2002, delegates from a number of countries recognized the challenges and opportunities related to mining and sustainable development, and highlighted these concepts. It currently comprises more than 105,000 autopsy records of miners from all population groups, all mining sectors, and all regions of south africa dating back 37 years to 1975. A network of legislation exists in south africa that is geared towards sustainable development and the conservation and management of our countrys rich biodiversity. Legislation at that time primarily focused on surface rehabilitation and the primary emphasis of. Legal nature of prospecting right, mining right, exploration right or production. Sand mining in south africa is controlled by a complex regulatory system that can be distilled into three main themes. The mineral revolution was largely driven by the need to create a permanent workforce to work in the mining industry, and saw south africa transformed from a patchwork of. Gold is a lustrous, precious metal which has a very high conductivity.
This is curious, as industry stakeholders, including the chamber of mines, the south. Environmental legislation and water management issues during. Mining companies operating within the south african environmental sphere have an obligation to adhere to the legal obligations, norms, standards, principles and guidelines as contained in south africas multifaceted network of environmental legislation. Traditional and khoisan leadership act 3 of 2019 english afrikaans traditional leadership and governance framework amendment act 2 of 2019 english siswati critical infrastructure protection act 8 of 2019 english isixhosa special appropriation act 25 of 2019 english setswana overvaal resorts limited act repeal act 23 of 2019. The principal aim of any countrys mining legislation is to. Mining health and safety legislation in south africa. Cliffe dekker hofmeyr mining investment in south africa. South african mining law is regulated by the mineral and petroleum resources development act, 28 of 2002 mprda which is the predominant piece of legislation dealing with acquisitions or rights to conduct reconnaissance, prospecting and mining. Mining is a very important economic activity in south africa.
The researcher used a qualitative approach in this applied research study. Assistance programme eap mainly in the south african mining industry. As the long term demand for africas resources grows, we anticipate a growing demand for related legal services. Mining companies are taking initiative in their sustainability policies and reporting. South africa is a world leader in the gold mining industry. Minerals and africas development africa mining vision. Everyone has the right to an environment that is not harmful to their health or wellbeing. We have established ourselves as a leading legal adviser within the mining industry in africa and offer a full complement of legal services in this sector. Mine closure in south africa julie l mccourt chamber of mines of south africa p. This has been a recurrent theme in critiquing south african.