Reframing artisanal and small-scale gold mining as a livelihood strategy and the role of law in constituting livelihood assets
Date
2021
Authors
Chuma, Maxwell
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Abstract
The thesis considers Artisanal and Small-scale Gold Mining (ASGM) as a livelihood strategy and the role of law in mediating livelihood assets. The central research question of the study is how the law should be reformed to better facilitate ASGM as a sustainable livelihood strategy. Much of the existing research on ASGM fails to connect this economic activity to livelihoods and it is perceived negatively as a criminal activity. The same holds true for representations of ASGM in the popular media. The MPRDA, which is the primary law that governs mining in South Africa fails to address how the sector could be integrated and formalized. The approach by the Department of Mineral Resources (DMR) to formalization has been desultory. This study reframes ASGM by considering why people engage in ASGM, the relationship between ASGM and poverty alleviation, and how it features as a livelihood strategy. Based on a review of academic literature and comparative mining laws, the study characterizes ASGM and then turns to the concept of sustainable livelihoods as developed by Robert Chambers to identify the forms of capital and assets necessary to sustain a livelihood. The study also considers approaches to formalizing ASGM and the challenges inherent in formalization. To deepen understanding of the relationship between ASGM and livelihoods in a South African context, the study undertook a limited, qualitative case study. Data was collected from a purposive sample of 10 ASGM miners through semi-structured interview questions and observations. The sample focused on the extreme level of ASGM in South Africa, as most of the participants were undocumented and illegal immigrants allegedly involved in illegal ASGM mining. The case study confirmed that the ASGM operations were unregulated and carried out informally and illegally using poor or low levels of mechanization. The sector generates reasonable income for the miners, but also perpetuates poverty as they lack a culture of saving and are vulnerable to imminent evictions. Finally, the study also examined how livelihood assets are ring-fenced by a variety of laws and institutions to understand the nexus between ASGM and livelihoods. The study contributes to the literature by highlighting several ways to facilitate empowerment through education, financial support and access to gold ores and markets as well as different aspects that can be implemented to reduce deprivation due to negative externalities. ASGM is impeded by the miner’s lack of financial, technological and skills capacity. Lastly, the study submits that ASGM can be reformed through enacting an appropriate legislative framework with a clear outline of the legal provisions befitting the realities of the sector. Thus, the formulation and implementation of reform interventions should be driven and informed by an outcome-based policy and capacity building
Description
A thesis submitted to the Faculty of Commerce, Law and Management, at the University of the Witwatersrand, in fulfilment of the requirements for the degree of Doctor of Philosophy (School of Law), 2021