Muponde, Tatenda Wayne2020-03-102020-03-102019https://hdl.handle.net/10539/29079Submitted in partial fulfilment of the requirements for the degree of Master of laws by coursework and research report at the University of the Witwatersrand, JohannesburgArtisanal 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.enUniversity of the Witswatersrand, JohannesburgMineral resourcesMPRDASmall scale miningArtisanalArtisanal and Small Scale Mining (ASM)South African mining industryMinerals and Petroleum Resources Development ActSouth African mineral lawSDG-15: Life on landDissertation©2019 University of the Witswatersrand, Johannesburg