Equitable access to mineral resources in the South African MPRDA: the case of artisanal and small scale mining
Date
2019
Authors
Muponde, Tatenda Wayne
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Abstract
Artisanal and Small Scale Mining (ASM) is a growing sector in the South African mining industry and yet it remains highly unregulated. The main mining regulatory tool in South Africa is the Minerals and Petroleum Resources Development Act (MPRDA) which has the promotion of equitable access to mineral resources as one of its main objectives. However, despite the objectives of the MPRDA, a lack of formal access into the mining industry plagues the ASM sector and still remains as one of the impediments to the growth of the sector. The lack of a proper regulation that provides for equitable access to mineral resources in the MPRDA creates a gap in our mining laws that can easily be exploited by ASM miners through informal mining.
This paper argues that it is imperative for South African mineral law to include ASM miners and grant them proper access to minerals as this will be consistent with our Constitutional values of equality. It further argues that the inclusion of ASM into the regulatory framework will allow for greater accountability of the ASM sector especially in terms of its negative environmental footprint. Therefore, the paper seeks the inclusion of ASM into the South African mineral law regulatory framework through an amendment of the MPRDA by including a chapter specifically dealing with ASM. It is argued that the inclusion of ASM will not only be in line with the Constitutional values of equality but will also help in facilitating the advancement of the Constitutional environment right.
Description
Submitted in partial fulfilment of the requirements for the degree of
Master of laws by coursework and research report
at the University of the Witwatersrand, Johannesburg
Keywords
Mineral resources, MPRDA, Small scale mining, Artisanal, Artisanal and Small Scale Mining (ASM), South African mining industry, Minerals and Petroleum Resources Development Act, South African mineral law