Equitable access to mineral resources in the South African MPRDA: the case of artisanal and small scale mining

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dc.contributor.authorMuponde, Tatenda Wayne
dc.date.accessioned2020-03-10T11:11:12Z
dc.date.available2020-03-10T11:11:12Z
dc.date.issued2019
dc.descriptionSubmitted in partial fulfilment of the requirements for the degree of Master of laws by coursework and research report at the University of the Witwatersrand, Johannesburgen_ZA
dc.description.abstractArtisanal 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.en_ZA
dc.description.librarianGR 2020en_ZA
dc.facultyFaculty of Commerce, Law and Managementen_ZA
dc.identifier.urihttps://hdl.handle.net/10539/29079
dc.language.isoenen_ZA
dc.rightsUniversity of the Witswatersrand, Johannesburg
dc.rights.holder©2019 University of the Witswatersrand, Johannesburg
dc.schoolSchool of Law
dc.subjectMineral resources
dc.subjectMPRDA
dc.subjectSmall scale mining
dc.subjectArtisanal
dc.subjectArtisanal and Small Scale Mining (ASM)
dc.subjectSouth African mining industry
dc.subjectMinerals and Petroleum Resources Development Act
dc.subjectSouth African mineral law
dc.subject.otherSDG-15: Life on land
dc.titleEquitable access to mineral resources in the South African MPRDA: the case of artisanal and small scale miningen_ZA
dc.typeDissertationen_ZA
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