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Artisanal Mining in South Africa

REGULARISING INFORMAL
ARTISANAL MINING IN
SOUTH AFRICA:
AN EVIDENCE-BASED
REPORT 2019
Introduction and Objectives
The report written by: Pontsho Ledwaba, Nellie Mutemeri and Christopher Rutledge. The project team would like to

extend appreciation to:

Open Society Foundation for South Africa for funding the project. The following organisations for assisting with

fieldwork and data collection: Northern Cape Artisanal Miners Association (NCAMA), Tswellopele Community Network,

Ekurhuleni Environmental Organisations (EEO) and Community-Based Organisations affiliated with Mining Affected

Communities United in Action (MACUA). The project team would also like to extend appreciation to all the miners that

participated in the research and all the attendees of the artisanal mining workshop held on 03 and 04 September 2019.

Research findings
For more information on the project, contact:

Pontsho Ledwaba: Pontsho.Ledwaba@wits.ac.za

Photo credits: Pontsho Ledwaba

Building the case for AM in RSA


Policy and strategic framework
References

FOR SOUTH AFRICA


Introduction and Objectives
EXECUTIVE SUMMARY
This report presents findings of research conducted to inform the development of a strategic framework for regularising

informal artisanal mining (AM) in South Africa. The research was commissioned by Open Society Foundation for South

Africa and implemented by the University of the Witwatersrand and ActionAid South Africa.

Background and objectives


The research was initiated following recommendations on the need for an evidence-base for the AM sector in South

Africa, to inform political and public discourses and allow for proper engagements between the stakeholders on the

Research findings
future of the AM sector. In particular, the objectives of the research were:

• To understand the nature, size, share and scope of informal AM activities in South Africa through baseline surveys;

• To unpack institutional frameworks governing informal AM activities in South Africa including those that deem

artisanal mining to be a criminal activity;

• To assess the impact of artisanal mining on the miners themselves, their families as well as those who are

dependent and/or affected by these activities;


• To obtain insights into the broad issues pertaining to AM and views on how the sector can be supported and managed

Building the case for AM in RSA


in South Africa; and

• To develop a strategic framework to support the regularisation of informal AM in South Africa considering ground-

level issues as well as strategic considerations.

Scope of work and methodology


The research comprised of two main components, namely: baseline surveys and workshop participatory appraisal. The

objective of the baseline surveys was to collect data to build the profile of the AM sector. The surveys were conducted

in three AM sites in Gauteng and Northern Cape province. A total of 1179 surveys were conducted with the miners. The
participatory appraisal took the form of a workshop which was conducted on the 3rd and 4th September 2019. The

Policy and strategic framework


main objectives of the workshop were to obtain insights into the challenges facing the AM sector and discuss possible

solutions for consideration in the strategic framework for the sector. The workshop was attended by a total of 75

participants
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Introduction and Objectives
RESEARCH FINDINGS AND ANALYSIS

Baseline surveys
The baseline surveys comprised of four sectors, namely: demographics, socio-economic status of the miners,

employment and income and job satisfaction and aspirations. The profile of the miners is summarised below. The data

presented is based on a total sample of 1179 surveys.

Females accounted 14% of the total respondents

Research findings
The majority of the respondents are aged between 30 and 39 years. The youth accounted 38% and

respondents above the age of 50 years accounted 17%.

Foreign nationals accounted 29% of the total sample. The majority of foreign nationals are engaged in gold

mining and accounted over 40% of the total respondents.

The Lesotho nationals accounted 54%, while respondents from Mozambique and Zimbabwe accounted

combined 40%.

Building the case for AM in RSA


The majority of the respondents (44%) completed middle school education (i.e. grade 7 to 11). Only 18% of

the respondents have matric qualification.

Over 80% of the respondents are breadwinners at home and 91% have dependents. About 30% of the

respondents are supporting between 4 and 6 dependents.

The majority of respondents (80%) are working as artisanal miners fulltime. AM is the only source of income

for 90% of the dependents.

Policy and strategic framework


It was estimated that the miners earn between four and nine times than general workers, farm workers and

domestic workers.

The majority of the respondents (71%) have no prior experience in mining. Only 29% of the respondents have

worked for large-scale mining operations

The majority of the participants (over 80%) consider AM to be a proper job and are happy working as artisanal

miners.
References

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Introduction and Objectives
PARTICIPATORY APPRAISAL
The participatory appraisal was conducted to obtain in-depth insights into the challenges facing the AM sector and

possible solutions for consideration in the strategic framework for the AM sector. The main challenges in the sector are:

Challenges facing the AM sector


• Police abuse and human rights violationsThere are concerns regarding intimidation and brutality suffered by the

miners in the hands of the police. Linked to this, miners are also violated by criminals and syndicates who steal

their equipment, production and income generated from AM activities. The miners also raised their confusion on

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trespassing and arrests related to this since there are no demarcations and signs to show that the areas where they

are mining are private property.

• Health, safety and environment risks Health, safety and environmental issues

present risks to not only the miners but host communities as well. The key health issues include no health

assessments and medical check-ups for the miners, no health facilities where miners can receive treatment for

mining-related diseases, and no training on health-related issues. The safety concerns include no proper use of
personal protective equipment, no rock support for those who work underground leading to fall of ground, and

Building the case for AM in RSA


mining practices do not follow the correct safety and health standards. The negative impacts on the environment

include dust emissions, the use of mercury leading to air and water pollution, and land degradation.

• Lack of access to inputs (capital/equipment /technology)

The challenges identified by the miners with respect to inputs are, lack of access to funding, poor skills development

and limited technology. The miners also raised concerns regarding limited access to mining sites and raised

concerns on being excluded from rehabilitation opportunities in the derelict and ownerless mines project currently

being implemented by government.

• Gender inequality
Gender issues cut across all the challenges in the sector. The following issues were highlighted by the miners: there

Policy and strategic framework


is no gender equality in the sector, the female miners are discriminated against in terms of where they can work on

the AM sites and the resources that they exploit, the working relationships and arrangements on sites favour male

counterparts, women suffer abuse from the police and are often pressured into sexual favours to avoid arrests. The

policy takes advantage of the fact that the majority of women do not know their rights and not well-versed with laws

governing gender base violations in the country.

• Women are also exposed to health and safety risks because of limited information. They are exploited by buyers

during mineral sales. The other challenges related to difficulties in in accessing land and mineral rights, and no

support is currently provided to the female miners on access to mineral rights licenses. The other concern was

regarding the stigmatisation of sex workers working on AM sites and the manner in which they are treated.

• Limited access to minerals and land

The miners are currently facing the following challenges in trying to obtain land and mineral rights and work
References

within the law: the stringent requirements of current legislations, the lack of recognition by the LSM sector and

governments, and AM operators are treated as criminals. The miners also raised concerns on

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT

III
Introduction and Objectives
• work within the law: the stringent requirements of current legislations, the lack of recognition by the LSM sector

and governments, and AM operators are treated as criminals. The miners also raised concerns on land access

and highlighted failure of government to come up with innovative ways of linking AM to rehabilitation projects. The

miners felt that the recognition of this opportunity will offer benefits to not only the miners, bit also the communities

and government.

• No recognition of the sector

The challenges linked to lack of proper recognition of the sector that were raised by the miners include:

criminalisation of the sector leading to no access to land for mining. The miners are concerned about the

misconceptions about artisanal mining. It was raised that artisanal mining was not understood and as such the

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positive benefits of the sector are ignored. Also, because AM is not recognised in the country, the sector is made

vulnerable resulting in criminals taking over the miners’ operations. There is currently no support framework for

the sector and no platforms of engagements where the miners can engage with industry stakeholders particularly

government and large-scale operations.

• Possible solutions to address the identified challenges

In considering the possible solutions to challenges faced by AM in South Africa, it is important that these proposed
interventions consider the historical issues, current realities and future socio-economic agenda of South Africa.

Building the case for AM in RSA


Based on this, the possible solutions for the challenges in the sector were discussed in terms of the key principles

of the Mineral and Petroleum Resources Development Act. The key themes that emerged from this consideration

are; (1) Optimal regulation, (2) Equitable access to resources, (3) Mitigation of negative impacts, (4) Consideration

of sustainability and

• sustainability development, and (5) Optimal processes and engagements. The possible solutions under each theme

are discussed below:

• Optimal regulation

The participants noted that suboptimal regulation could be addressed through ensuring that regulations are adapt-
ed to be more inclusive of the AM sector. It was also felt that encouraging the formation of cooperatives in AM

Policy and strategic framework


might facilitate integration of the sector. However, it is also important that regulation recognises miners that work

as individuals. Amendment of the legislative framework to accord full recognition of the sector is an important

consideration. An optimal regulatory framework was felt ought to incorporate schemes to improve market access,

address health and safety as well as skills development to deal with compliance to environmental requirements.

• Equitable access to resources

The solutions noted by the participants to address the challenges associated with lack of equitable access to

resources included innovative approaches like sub-contracting exploitation by LSM to AM, engagement of different

sources of capital, the use of social media for advocacy and platforms for access information as well as for im-

proved transparency and accessing the law. The stakeholder types with a role include government, funding institu-

tions, communities, traditional leaders, research and development institutions.

• Mitigation of negative impacts


References

The participants also discussed the strategic approaches to managing the negative impacts of AM which they

all acknowledged are problematic for the sector. Key areas of consideration were safety, health, environment

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IV
Introduction and Objectives
and social (including community). They considered these from the perspective of opportunities that exist in the

management of impacts. The miners spoke about the challenge of undocumented foreigners in AM. The main

concern being that they are working in the ‘shadows’, which makes the sector vulnerable to practices that have

negative impacts on health, safety and the environment, as well as social issues such as exploitation. Hence getting

organised as AM to engage authorities such as the Department of Home Affairs to address the underlying migration

and related social issues will lead to a reduction of some of the negative impacts resulting from migrants working in

the shadows. An example that the participants cited is the exploitation by middlemen because the miners may not

have access to legal markets.

• The participants mentioned that unrehabilitated old mine dumps are a typical manifestation of the negative

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impacts of mining. Much of this is related either to inappropriate EMPs or their inadequate implementation. A non-

regulatory solution suggested is to consider old mine dumps as an opportunity to create jobs through SMMEs and

cooperatives.

• Consideration of sustainability and sustainability development Sustainability and sustainable development require

that exploitation of the mineral resources contributes to assets that are available for future generations to have

meaningful livelihoods. The participants highlighted the importance of addressing the challenges of the current
policy and regulatory framework. They suggest that laws and regulations be amended and properly implemented.

Building the case for AM in RSA


As citizens they see “protest action” as route to forcing the relevant authorities such as DMRE, Department of

Environmental Affairs (DEA) and Department of Justice.

• The participants also perceive access to funding, equipment, land and markets as route to sustainability. Organising

and the formation of AM groups and companies with proper business plans for their mining operations is important

for this. The key stakeholders to support this are DMRE, DTI and financial institutions. With respect to accessing

land, government, municipalities and LSM operations must make land available for AM surface access, supported

by the LED departments in the municipalities and Department of Land Affairs. Responsible use of the land to ensure

sustainable practices can be ensured by the involvement of DEA and communities who need to be consulted on
land use permits. To address the main challenge related to access to markets which is linked to unsustainable

Policy and strategic framework


practices, the participants suggested removing the middlemen, and this is something that can be supported by

legitimate markets like the refineries in the case of gold and platinum.

• The participants also mentioned that lack of security for miners, makes them vulnerable to intimidation and poor

practices that do not support sustainability and sustainable development. To secure their positions in AM, the

participants suggested having valid legal documentation for the AM operations. They also felt that training would

give them knowledge and skills about running viable operations that are more secure. The key stakeholders to

support this are DMRE as the regulator, Mining Qualifications Authority (MQA) as the entity mandated to provide

knowledge and skills and learning providers like Mintek. Mintek also offer technical services, which can support the

development of more secure and viable operations. The police and IPID are also important in addressing ongoing

cases of intimidation and abuse.

• Optimal processes and engagements.


References

Any recommendations for the development of a Strategic Framework for AM South Africa can only be implemented

if there are processes for uptake supported by appropriate platforms for engagement. These processes and

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V
Introduction and Objectives
platforms also need to be supported by robust evidence. The participants considered possible solutions to address

the challenges in the current processes and platforms for AM policy formulation and implementation.

• An important solution that the participants felt needed to be implemented with respect to processes and platforms

for the AM sector was the involvement of the miners in decision making. They also mentioned that they would like

their organisations to be recognised as legitimate structures for engagement. It was felt that empowerment of the

miners through entrepreneurship training and proper implementation of Broad-based Black Economic Empower-

ment (BBBEE) would support that, as would ensuring free informed and prior consent (FPIC) of affected commu-

nities. Structures for supporting AM in formalising and to be more productive could also be used to make sure that

miners have access to information.

Research findings
Strategic framework for AM in South Africa
The following aspects were considered during the development of the strategic framework for the AM sector: profile and

context in which AM activities are taking place, the international, continental and national objectives and priorities. Spe-

cifically, the role of the AM in socio-economic development was mapped in accordance with the objectives of Sustain-

able Development Goals, which are blueprint for global development, and the African Mining Vision which is positioned
to maximise the benefits of mining for broad-based socio-economic development. The national agenda was also taken

Building the case for AM in RSA


into consideration. Specific attention was directed the socio-economic landscape of the country and the objectives of

the National Development Plan. This also included an appraisal of the mining industry and the challenges it is facing in

contributing to the national agenda. The challenges and opportunities identified in the sector also formed the basis of

the strategic framework.

The figure below summarised the key elements of the proposed strategic framework for the AM sector in South Africa.

The pillars of the framework include aspects related to: mineral development, environment, health and safety issues,

social issues and institutional arrangements.

Policy and strategic framework


Broadly, the recommendations for a strategic framework for AM support solving, in a holistic and integrated way, the

problems that the country is encountering in trying to create livelihoods in AM. The framework provides recommenda-

tions towards fostering investment in the sector while introducing efficiency, sustainability and equity for all concerned.

The framework makes provisions towards the obligations of different actors particularly the State on its obligations

towards the sector. The recommendations in the framework also highlights the importance of considering the entire

AM value/supply chain including socio-economic and regulatory perspectives. An elaborated strategic framework is

unpacked in the report.


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Introduction and Objectives
Strategic Framework for AM in South Africa

Mineral Development Environment, health and Social Issues Institutional arragement


safety

• Legal Framework • Environmental • Gender Equality • Relevant Institution


• Sector Organisation Management • Vulnerable Groups • Roles And Responsibilities

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• Technical Assistance • Occupational • Child Labour • Implementation Plan
• Linkages Health And Safety • Illegal-Legal Construct • Monitoring And Evaluation
• Fiscal Regime

As a guiding process, the following process can be followed to develop the strategic framework for the AM sector. The

process comprises of the following stages, namely: understanding the challenges, identifying key actors and potential

roles, formulating a collective agenda; and developing an implementation plan. This is summarised below.

Building the case for AM in RSA


Identifying Formulating a
key actors and Collective Implementation
Understanding
potential roles agenda plan
the key challenges

Review current regime and national Championed at the highest political Consultative process with tradeoffs Stakeholder engagement
priorities level
Theory of change In-depth analysis of the issues
Geopolitics and political economy Coordinated by the ministry
of mineral resource extraction responsible for mineral reosurces Transformation of the sector Gap analysis against good practice

Social dynamics Inclusive of all stakeholders with Understanding the key constraints
women and vulnerable groups
Formulating solutions

Policy drafting

Implementation of policy including


M&E

Policy and strategic framework


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VII
Introduction and Objectives
Proposed way-forwards
In order to advance the findings of this work and recommendations towards the strategic framework for the AM sector

in South Africa, the following are proposed:

1. Further research work needs to be done to obtain an in-depth of the complexities and drivers in the sector. Many of

the recommendations made towards the strategic framework need to be supported by practical evidence. There-

fore, a plan should be put in place to implement the requisite research. Some of the areas that may need immediate

attention is a census to establish a baseline robust statistical base that is representative of the AM sector in the

country.

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2. A platform for ongoing engagements needs to be established. The platform envisaged here is one that will provide

for a “safe” space for different stakeholders to engage on the contentious issues of the AM sector in South Africa.

This platform can also be used by stakeholders to share their won perspectives and “concerns” towards the activi-

ties of the sector. The platform can also be used to validate emerging research on the sector and exchange work of

different stakeholders. The authorities mandated with managing the sector as well as other stakeholders may use

this platform to identify learnings that can support policy positions and decisions, advocacy and cooperate respons-
es and other initiatives aimed at supporting the development trajectory of the AM sector in South Africa.

Building the case for AM in RSA


Policy and strategic framework
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VIII
Introduction and Objectives
CONTENTS

Executive Summary iv

List of figures xv

List of tables xv

Abbreviations and Acronyms 1

1. Introduction and Objectives 3

2. Contextual background 3

Research findings
3. Why evidence-based study? 5

4. Research design and methodology 7

4.1. Location of AM activities 7

4.2. Research approach and scope of work 7

5. Research findings 11

5.1. Baseline surveys 11


5.1.1. Demographic profile 11

5.1.2. Family and dependents 17

Building the case for AM in RSA


5.1.3. Employment and income 20

5.1.4. Job satisfaction and aspirations 33

5.2. Participatory appraisal through focus group discussions 38

5.2.1. Key issues facing AM in South Africa 38

5.2.2. Possible solutions to the challenges facing AM in South Africa 42

5.3 Conclusions 49

5.3.1. Baseline surveys 49

5.3.2. Participatory appraisal 55

Policy and strategic framework


6. Building the case for AM in South Africa 55

6.1. International agenda 55

6.2. Continental agenda 57

6.3. National objectives 58

6.3.1. Socio-economic context 58

6.3.2. Policy objectives and the potential role of AM 60

7. Policy submissions and strategic framework 63

7.1. Current policy context and arguments 63

7.2. Recommendations for a strategic framework for AM in South Africa 66

7.1 Key elements for consideration of an AM strategic framework 68

7.3. Guiding process for the development of AM policy 73


References

8.References 75

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Introduction and Objectives
LIST OF FIGURES

Figure 1: The miners administering baseline surveys in Kimberley, Northern Cape 9

Figure 2: Location of AM activities in South Africa 10

Figure 3: Age distribution of the respondents 12

Figure 4: Nationality of AM operators 13

Figure 5: An elderly miner working in Kimberley, Northern Cape 14

Figure 6: Respondents by foreign nationality 15

Research findings
Figure 7: Marital status of the respondents 16

Figure 8: Levels of education 17

Figure 9: Breadwinners amongst the respondents 18

Figure 10: The number of dependents supported by the respondents 19

Figure 11: Campsite in Kimberley, Northern Cape 20

Figure 12: AM working experience 21


Figure 13: Diamond miners sieving the soil in search of diamonds 21

Figure 14: A gold miner in Carletonville 22

Building the case for AM in RSA


Figure 15: AM experience exceeding three years 22

Figure 16: Drivers to participate in AM 23

Figure 17: Indication of previous employment 24

Figure 18: Working experience in LSM 25

Figure 19: Additional income earned by the respondents 26

Figure 20: Advertising board for local camera-man 26

Figure 21: A female miner growing a vegetable garden for food 27

Figure 22: Income generated by artisanal diamond miners 28

Policy and strategic framework


Figure 23: Income exceeding ZAR10,000 in diamond mining 28

Figure 24: Income generated by gold artisanal miners 29

Figure 25: Income exceeding ZAR10,000 in gold mining 30

Figure 26: Gold mining site in Carletonville 31

Figure 27: Respondents’ spending patterns 32

Figure 28: Cars owned by artisanal miners in Kimberley 32

Figure 29: An illustration of what should be considered in the debate on

developing a Strategic Framework for AM 67


References

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Introduction and Objectives
LIST OF TABLES

Table 1: Job satisfaction and aspirations 33

Table 2: Optimal regulation considerations 43

Table 3: Equitable access to resources considerations 45

Table 4: Addressing the negative impacts of mining 46

Table 5: Sustainable development considerations 47

Table 6: Optimal processes and platforms considerations 49

Research findings
Table 7: NDP objectives and potential role of artisanal mining 61

Table 8: Good practice recommendations for an AM strategic framework for

South Africa 68

Building the case for AM in RSA


Policy and strategic framework
References

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Introduction and Objectives
ABBREVIATIONS AND ACRONYMS

Abbreviation/Acronym Description
AM Artisanal mining
ASM Artisanal and Small-Scale Mining
ASPASA Aggregate and Sand Producers Association of Southern Africa
BBBEE Broad-Based Black Economic Empowerment
CSMI The Centre for Sustainability in Mining and Industry
CBO Community-based organisation

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CSO Civil Society Organisation
DEA Department of Environmental Affairs
Dept Department
DMR Department of Mineral Resources
DMRE Department of Mineral Resources and Energy
DoL Department of Labour
EEO Ekurhuleni Environmental Organisations
EMP Environmental Management Plan

Building the case for AM in RSA


GDP Gross Domestic Product
FPIC Free, Prior and Informed Consent
IDP Integrated Development Plan
IPID Independent Police Investigative Directorate
JSE Johannesburg Stock Exchange
LED Local Economic Development
LGDTTQ Lesbian, Gay, Bisexual, Transgender, Transsexual, Queer
LSM Large-scale mining
MACUA Mining Affected Communities United in Action
MCSA Mineral Council South Africa

Policy and strategic framework


MPRDA Mineral and Petroleum Resources Development Act
MQA Mining Qualification Authority
NCAMA Northern Cape Artisanal Miners Association
NDP National Development Plan
NYDA National Youth Development Agency
OSF-SA Open Society Foundation South Africa
PPE Personal Protective Equipment
SAHRC South African Human Rights Commission
SALGA South African Local Government Association
SAPS South African Police Service
SEDA Small Enterprise Development Agency
SMME Small Micro Medium Enterprises
References

SSM Small Scale Mining


ZAR South African Rand

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Introduction and Objectives
INTRODUCTION

1. Introduction and Objectives

This report presents findings of research conducted to inform the development of a strategy framework for
regularising informal artisanal mining (AM) in South Africa. Specifically, the research aimed to build an evidence-
base for AM in South Africa and to employ the findings to inform and support the formalisation of AM activities in
the country.
The research was underpinned by the following objectives:
1. To understand the nature, size, share and scope of informal AM activities in South Africa through baseline

Research findings
surveys;
2. To unpack institutional frameworks governing informal AM activities in South Africa including those that
deem artisanal mining to be a criminal activity;
3. To assess the impact of artisanal mining on the miners themselves, their families as well as those who are
dependent and/or affected by these activities;
4. To obtain insights into the broad issues pertaining to AM and views on how the sector can be supported and
managed in South Africa; and
5. To develop a strategic framework to support the regularisation of informal AM in South Africa considering

Building the case for AM in RSA


ground-level issues as well as strategic considerations.

The research was initiated and funded by the Open Society Foundation (OSF-SA). The University of the
Witwatersrand and ActionAid South Africa were commissioned to lead and deliver the objectives of the project.

2. Contextual background

It has been widely argued that while South Africa has undergone major political changes, its mining industry has
struggled to show any significant contribution to the socio-economic objectives of transforming towards a more
inclusive wealth distributor (See Broad Based

Policy and strategic framework


In the context of the study, Artisanal and Small-scale Mining (ASM) includes: “all mining activities concerned with
the mining value chain including mineral searching, ore extracting, processing and trading of mineral product;
and apply simple methods, low levels of capital and technology and are labour intensive” This definition was
adopted from the ASM Categorisation Framework developed by Ledwaba and Mutemeri (2017)1. The framework
interprets ASM as a continuum with artisanal mining (AM) on the lower-end and small-scale mining (SSM) on
the upper-end. AM activities are characterised by low levels of tools and technology, less mineral outputs, small
area of production and conducted mainly by individuals or in groups not exceeding five people. The focus of the
study is on AM because the majority of its activities are informal and take place outside the current regulatory
framework. In the context of the study, Artisanal and Small-scale Mining (ASM) includes: “all mining activities
concerned with the mining value chain including mineral searching, ore extracting, processing and trading
of mineral product; and apply simple methods, low levels of capital and technology and are labour intensive”
This definition was adopted from the ASM Categorisation Framework developed by Ledwaba and Mutemeri
References

(2017)1. The framework interprets ASM as a continuum with artisanal mining (AM) on the lower-end and small-
scale mining (SSM) on the upper-end. AM activities are characterised by low levels of tools and technology,
less mineral outputs, small area of production and conducted mainly by individuals or in groups not exceeding

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Introduction and Objectives
five people. The focus of the study is on AM because the majority of its activities are informal and take place
outside the current regulatory framework.Mutemeri (2017)1. The framework interprets ASM as a continuum
with artisanal mining (AM) on the lower-end and small-scale mining (SSM) on the upper-end. AM activities are
characterised by low levels of tools and technology, less mineral outputs, small area of production and conducted
mainly by individuals or in groups not exceeding five people. The focus of the study is on AM because the
majority of its activities are informal and take place outside the current regulatory framework.

Socio-Economic Empowerment Charter, 2018)2. The introduction of a new mining regime through the
enactment of the Mineral and Petroleum Resources Development Act (MPRDA) (No. 28 of 2002)3, which vested
custodianship of the mineral endowment of South Africa in the state, appears not to have transformed the sector

Research findings
into the engine of socio-economic development that was initially intended.

With the primary objectives of the MPRDA being “…redress[ing] historical socio-economic inequalities, ensuring
broad-based economic empowerment and meaningful participation of disadvantaged persons in the mining
industry”, the progress made since the enactment of the Act has not been encouraging. In the preamble of the
Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry (i.e. Mining Charter,
2018), the Minister Gwede Mantashe acknowledged that transformation of the mining industry remains low;
the actions of large-scale mining (LSM) operations are driven by the need to “protect” social licence to operate;
the attainment of full participation of disadvantaged South Africans in the mining industry is still far from being

Building the case for AM in RSA


realised; and that the majority of mining communities continue to be subjected to high levels of poverty despite
being owners of mineral resources.

While the South African mining industry is ranked fifth in the global mining industry, the hard reality is that the
benefits from mining have not translated to broad-based development. Many mining communities still live
in abject poverty with limited economic opportunities. The situation is most of these communities has been
worsened by the declining performance of large-scale mining operations. Employment in the LSM sector has
contracted by 25 per cent from 621,001 in 1993 to 464,667 in 20174,5 Further, the Gross Domestic Product (GDP)
contribution of the mining sector has declined significantly from a peak of 21 percent in 1980 to 6.8 percent in
20176.

Policy and strategic framework


With the decline in the broad contribution of the LSM sector and limited opportunities in other economic sectors,
many people particularly those in mining communities have turned to artisanal mining for livelihoods and income
generation. Most AM activities in South Africa take place in current and historical mining sites. As is the case in
many developing countries, many AM activities in South Africa are informal and conducted outside the current
regulatory framework. As a result, the sector’s activities have been associated with unacceptable negative
consequences, leading to divergent policy discussions and proposals on how the sector should be managed.
At present, there are two extreme narratives from industry stakeholders. On one hand, there are stakeholders that
promote AM as a vehicle for local economic development and this is supported by evidence linking the sector’s
activities to employment and income generation in poor communities. On the other hand, some stakeholders
are calling for the criminalisation of AM activities based on encroachment of some of the activities on LSM
concessions; their connection to criminal syndicates; and the loss of revenue by the State. While there are merits
References

for regularising the AM sector, industry stakeholders are yet to come together to interrogate the contentious
issues surrounding the sector’s activities and to find common ground as the country moves towards a shared
vision for inclusive development. The AM Evidence-Based Study was conducted to provide a foundation on which
discussions and debates are framed.

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6
Introduction and Objectives
To this effect, the findings of the study are hoped to
• Stimulate informed discussions and debates on the future of AM in South Africa and its development plan;
and
• Provide a foundation on which political and public discourses are framed to allow proper engagements be-
tween the stakeholders as the country investigates ways of managing the adverse impacts of AM while lever-
aging opportunities for local community developments, local and national economies, reducing the climate
stress and adding to the overall well-being of society.

3. Why evidence-based study?

Research findings
In 2015, the South African Human Rights Commission (SAHRC) conducted hearings to understand the AM sector
in South Africa7. Several stakeholders participated in the hearings and these included the Department of Miner-
al Resources (DMR), Chamber of Mines (Now Mineral Council South Africa), Department of Health, Department
of Trade and Industry, Aggregate and Sand Producers Association of Southern Africa (ASPASA), South African
Diamond and Precious Metals Regulator and Department of Labour. In the final report the SAHRC alluded to the
complexity of the AM sector which it linked to the lack of research and literature on the AM sector in the country.
One of its conclusions was that:

“There is a need to build the evidence base around South Africa’s unregulated AM sector and to build trust

Building the case for AM in RSA


and networks in this sector. Illegal AM will not go away of its own accord or through brute force. Lawlessness
will mount, if the issue of illegal mining is not confronted. To pursue a path of economic inclusion means
that there is a need for further research that identifies the size, shape, and scope of artisanal mining in the
country”.

While there had been increased interest and coverage of the sector’s activities in the past years (particularly from
the media); there remains poor understanding of the sector’s activities. There is currently no research that pro-
vides a landscape of the sector and explains nuances that exist in the sector. There is limited data with respect
to the number of people engaged in the sector, the spectrum of activities, geographical distribution, demographic
profiles, and technical, social, economic and environmental characteristics of the sector. The knowledge gaps

Policy and strategic framework


have opened the sector to misinformation and misinterpretation leading to biased and narrow thinking towards
the sector’s activities. The lack of data has also led to generalisation and “blanket” approach towards the sector
leading to “one-size fits all” policy responses. It is important to understand the context and dynamics that exist
in the sector to ensure that policy responses reflect the issues on the ground.

This research project was initiated to build an evidence-base for the AM sector in South Africa and to address
the knowledge gaps in the sector. In addition, the study was conducted to collect information about the sector to
address the misinformation and misconceptions about the sector, which have influenced the way the artisanal
miners have been perceived in the media and public discourse. Many of these submissions have taken a narrow
and restrictive approach to understanding the AM sector in South Africa. Broadly, the project included baseline
survey to build a profile of the sector. A workshop participatory appraisal of the sector with various stakeholders
to understand the ground-level issues and the nuances in the sector. This report provides findings of both the
References

survey and participatory appraisal. The conclusions from the outcomes of the research are used to make recom-
mendations for a strategy framework for the regularisation of informal AM in South Africa.

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


7
Introduction and Objectives
4. Research design and methodology

4.1. Location of AM activities


As alluded above, the majority of AM activities in South Africa take place in current and historical mining
communities. Figure 2 below attempts to map the location of AM activities in the country. From available reports,
AM activities are taking place in all nine provinces across the country. However, the activities are more prevalent
in the gold sector with the bulk of activities located in Gauteng, Free State, Mpumalanga and the North West
provinces. AM is also widespread in the diamond sector with mining activities taking place in various locations in
the Northern Cape Province. The other commodities exploited by artisanal miners are coal, chrome, base metals,
semi-precious stones, platinum and industrial minerals and construction material e.g. sand and clay mining.

Research findings
Sand mining and clay extraction for brickmaking takes place in all provinces across the country. Coal mining is
dominant in Mpumalanga and Kwa-Zulu Natal Provinces and chrome mining is conducted in Limpopo Province.

AM activities are carried out in both surface and underground operations. On the surface, AM takes place
on surface deposits (i.e. outcrops) and mining dumps (both waste rock dumps and tailings). Underground
AM activities are conducted in derelict and ownerless mines, non-operational shafts (i.e. shafts put on ‘care
and maintenance’ by LSM operations) and in operational shafts (i.e. the same shafts being worked by LSM
operations).

Building the case for AM in RSA


4.2. Research approach and scope of work
The research project was divided into two main activities, namely: baseline surveys and workshop participatory
appraisal.

Figure 2 shows the locations of AM activities in the country. Due to financial constraints, the baseline surveys
were conducted in Gauteng and Northern Cape provinces (highlighted in figure 2). However, given the spectrum
of AM activities in the country, the workshop was extended to other provinces to obtain a broad understanding of
the issues in the sector across various provinces and mineral commodities.

The objectives of the baseline surveys were to collect data needed to build the profile of the sector and model the

Policy and strategic framework


impact of AM on miners themselves and their families (e.g. objectives 1 and 3 of the project). The surveys were
conducted using structured questionnaires. These questionnaires were linked to an opensource online platform,
KoboToolBox application which was developed to assist with data capturing and analysis. The surveys took the
form of an exploratory study. A non-probability sampling technique was used to select a sample for the study.
A combination of volunteering and snowballing sampling techniques was used during the research to identify
participants for the research.

The surveys were conducted in Kimberley in the Northern Cape, Vlakfontein in Gauteng, and Carletonville in
Gauteng. The data was collected periodically in June, August and October 2018. A total of 1179 individual
surveys were conducted in the three areas; 527 individual surveys in Kimberley, 603 surveys in Carletonville and
49 surveys in Vlakfontein in Gauteng. The project team worked with Community-Based Organisations (CBOs)
and the miners in the three areas to collect the data for the surveys. These CBOs were: Northern Cape Artisanal
References

Miners Association (NCAMA) in Kimberley, Tswellopele Community Network in Carletonville and Ekurhuleni
Environmental Organisation (EEO) in Vlakfontein. The reason for the low number of surveys in Vlakfontein was
difficulty in accessing the sites and the reluctance of the miners to participate in the surveys because of feelings
of insecurity.
ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT
8
Introduction and Objectives
The baseline surveys were conducted as part of Ethical Clearance Protocol Number H17/08/12 as issued by the
University of the Witwatersrand.

The second phase of the project was a workshop participatory appraisal to discuss the nuances in the sector and
important areas for consideration in the AM strategic framework. The workshop was scheduled over two days
taking place from the 03 to 04 September 2019. The first day of the workshop was dedicated to corroborating
the survey findings and explaining the profiles that emanated from the baseline research. The first day was
also used to discuss the broad challenges facing the miners, which are key to the regularisation of the sector.
The sessions on the first day were closed and attended by artisanal miners and community representatives. A
total of 67 participants were present at the workshop. These included miners from various provinces namely:

Research findings
Gauteng, Northern Cape, Free State, Mpumalanga, North West, Limpopo and Kwa-Zulu Natal. In terms of mineral
commodities, the miners represented gold, diamond, coal and chrome sectors.
The baseline surveys were conducted as part of Ethical Clearance Protocol Number H17/08/12 as issued by the
University of the Witwatersrand.

The second phase of the project was a workshop participatory appraisal to discuss the nuances in the sector and
important areas for consideration in the AM strategic framework. The workshop was scheduled over two days
taking place from the 03 to 04 September 2019. The first day of the workshop was dedicated to corroborating
the survey findings and explaining the profiles that emanated from the baseline research. The first day was

Building the case for AM in RSA


also used to discuss the broad challenges facing the miners, which are key to the regularisation of the sector.
The sessions on the first day were closed and attended by artisanal miners and community representatives. A
total of 67 participants were present at the workshop. These included miners from various provinces namely:
Gauteng, Northern Cape, Free State, Mpumalanga, North West, Limpopo and Kwa-Zulu Natal. In terms of mineral
commodities, the miners represented gold, diamond, coal and chrome sectors.

The second day of the workshop was opened to other stakeholders e.g. government, mining companies,
academia, Civil Society Organisation (CSO), Trade Unions and media houses. A total of 75 participants were part
of the discussions on the second day. The outcome of the second day was discussions on potential solutions
and recommendations for regularising informal AM in South Africa. The discussions were facilitated through

Policy and strategic framework


focus group discussions.

References

Figure 1: The miners administering baseline surveys in Kimberley, Northern Cape

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


9
Introduction and Objectives
Limpopo
The province saw the rise in
AM activities in 2016 in chrome
mining. with the retrechments
in LSM operations, many
ex-mininers turned to AM

North West activities. AM activities are

The majority of th AM conducted in villages along the

operators exploit gold. The R37 Toad Burgersfort on the


North West Bushveld Igneous Complex
builk of activities found in
The majority of th AM
Klerksdorp and Stilfontein
operators exploit gold. The
areas
builk of activities found in
Northren Cape
Klerksdorp and Stilfontein
The marority of AM activities take
areas
place in the diamond sector. The
bulk of activities located in Kimberly
area. AM has also expected to

Research findings
Namaqualand and Port Nolloth in the
provice. There are also AM activities
exploiting tiger’s eye deposits in
areas surrounding Prieska. It is
estimated that there are about 20,000
diamonds miners in the provice

Mpumalanga
AM activities in the province
exploit both coal and gold. cola
mining takes places in Witbank,
and Emerlo. Gold in mined in

Building the case for AM in RSA


the Barberton area. Coal mining
takes place in abandoned
underground mines.

Kwazulu Natal
The AM operators in the
province mine coal.AM is
widespread in Newcastle.
Coal mining is conducted
underground .
Free State
The AM operators in the
province mine gold. Am is
Widespread in areas surround-
ing Welkom. Mining takes place
in abandoned and operating

Policy and strategic framework


mines.

Figure 2: The miners administering baseline surveys in Kimberley, Northern Cape References

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


10
Introduction and Objectives
5. Research findings

This section presents main results from two sources, namely: baseline surveys and the workshop participatory
appraisal through focus group discussions.

5.1. Baseline surveys


The baseline survey was structured into four main components, namely: (1) Demographic profile, (2) Family and
dependants, (3) Employment and income, and (4) Job satisfaction and aspiration. As alluded above, the survey
was conducted with the primary objective of building a profile of artisanal miners in South Africa and to also
understand their socio-economic status as measured through education, income and employment. The survey

Research findings
also collected data related to job satisfaction and aspiration to understand the miners’ own perspective towards
artisanal mining and its broad impacts on communities. A series of questions were posed to the miners to
establish if they are enjoying their work, their views about artisanal mining and its impact on communities, and
how they think communities perceive artisanal mining.

The data presented is based on a total sample of 1179 with 603 respondents in Carletonville, 527 respondents in
Kimberley, and 49 respondents in Vlakfontein. The respondents in Carletonville and Vlakfontein exploit gold and
in Kimberley, they mine diamonds.

Building the case for AM in RSA


5.1.1. Demographic profile
Gender
Of the total respondents, females accounted for 14% and males made up the remaining 86%. The highest partici-
pation of female was in Carletonville at 17%.

Age distribution
Figure 3 shows the age distribution of the respondents in the three sites. Due to ethical limitations, only partic-
ipants above the age of 18 years took part in the surveys. As can be seen in the graph, the age distribution is
relatively the same in all three sites. The majority of the respondents are aged between 30 and 39 years. These
are followed by respondents in the age groups 20 to 29 years, and 40 to 29 years. The respondents that fall under

Policy and strategic framework


the category of youth in the South African context (e.g. between the age of 18 and 35 years) account 38% of the
total respondents. Interestingly, there is also a considerable percentage of older people (above the age of 50
years) engaging in AM activities. In the case of Kimberley, there is a significant number of respondents (i.e. 24 %)
who are above the age of 50. The oldest respondent was found in Kimberley at the age of 82 years. In the case
of the gold sites, the oldest respondent was 78 years old. Most of these respondents (those above the age of 60
years) are working as artisanal miners to supplement old-age grants received from governments. The government
is currently paying ZAR1780 per month8.
References

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


11
Introduction and Objectives
50%

45%

40%

35%

30%

25%

20%

15%

Research findings
10%

5%

0%

<20 20-29 30-39 40-49 50-59 60-69 70> Not disclosed

KIMBERLEY VLAKFONTEIN CARLTONVILLE

Figure 3: Age distribution of the respondents

Building the case for AM in RSA


Race and nationality
The majority of the respondents (about 95%) that participated in the survey are Black Africans. Only 4% of the
respondents are Coloured, and these are from Kimberley.
Figure 4 illustrates the nationality patterns. The majority of the respondents are South Africans. Foreign national
accounted 29% of the total respondents. As can be seen in the figure, in the case of Kimberley, South Africans
accounted over 80% of the total respondents and in Vlakfontein, foreign nationals accounted 51% of the total
respondents. In Carletonville, foreign nationals made up 41 % of the total respondents. Based on this data, it can
be seen that there is high percentage of foreign nationals participating in gold sector and this could be linked
to the history labour recruitment of South African gold mining sector in general. It is generally known that the

Policy and strategic framework


South African gold sector sourced labour from neighbouring countries over many decades, mostly from Lesotho,
Swaziland, Mozambique, Zimbabwe, Malawi, Botswana and Namibia.

References

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


12
Introduction and Objectives
100%

90%

80%

70%

60%

50%

40%

30%

Research findings
20%

10%

0%

Kimberley Vlakfontein Carletonville

SOUTH AFRICA OTHERS NOT DISCLOSED

Figure 4: Nationality of AM operators

Building the case for AM in RSA


Policy and strategic framework
References

Figure 5: An elderly miner working in Kimberley, Northern Cape


ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT
13
Introduction and Objectives
Figure 6 segments the nationality of foreign nationals that participated in the study. The majority of the foreign
nationals come from Lesotho, Mozambique and Zimbabwe. As observed in the figure, the majority of Lesotho
nationals work in the diamond sector in Kimberley, and Mozambique and Zimbabwe nationals work in the gold
sector. The other nationalities occupy a small percentage as can be seen in the figure.

80%

70%

60%

50%

40%

Research findings
30%

20%

10%

0%
o ue we d rs
oth iq b ilan wi bia he
es mb ba az la m Ot
L za Zim Sw Ma Za
Mo

Building the case for AM in RSA


KIMBERLEY VLAKFONTEIN CARLTONVILLE

Figure 6: Respondents by foreign nationality

Marital status
Figure 7 shows the marital status of the respondents. Over 60% of the respondents are single. About 30% of the
respondents are married. The trend is relatively the same for all three sites. The other category includes those
who are widowed and divorced.

90%

80%

Policy and strategic framework


70%

60%

50%

40%

30%

20%

10%

0%

Single Married Others Not Disclosed


References

KIMBERLEY VLAKFONTEIN CARLTONVILLE

Figure 7: Marital status of the respondents

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14
Introduction and Objectives
Education levels
The education levels of the respondents are depicted in figure 8 below. The pattern is relatively similar in all
three sites. In fact, the education levels are consistent with the national patterns. A significant percentage of
the respondents (about 44%) only completed middle school, which is from grade 7 to grade 11. About 25% of
respondents only completed primary schooling. The respondents without formal education accounted for 10 %
of the total sample. Those with matric and further education accounted 18% and 3%, respectively.

70%

60%

50%

Research findings
40%

30%

20%

10%

0%

No formal Primary Middle school Matric Further Not


Education school Grade 7- 11 Education Disclosed
Grade 1- 6

Building the case for AM in RSA


KIMBERLEY VLAKFONTEIN CARLTONVILLE

Figure 8: Levels of education

5.1.2. Family and dependents


This section of the report provides a snapshot of the miners’ families and dependents. This was included in the
research to determine the number of people who are dependent on AM activities. In the context of the research,
dependents were defined as a person whom the respondents supported financially, and these could include
children, spouses or partners, parents, and other relatives.

Policy and strategic framework


Are you a breadwinner at home?
When asked if they were breadwinners at home, over 80% of the respondents in all three sites responded yes.
This is shown in figure 9 below. References

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


15
Introduction and Objectives
100%

90%

80%

70%

60%

50%

40%

30%

Research findings
20%

10%

0%
Kimberley Vlakfontein Carletonville

YES NO NOT DISCLOSED

Figure 9: Breadwinners amongst the respondents


Figure 9: Breadwinners amongst the respondents

Do you have dependents?

Building the case for AM in RSA


The respondents were asked whether they have dependants, and 91%of them responded yes. Figure 10 provides
details on the number of dependents. The majority of the respondents have between 1 and 3 dependants. This is
the case in all three areas. Of the total respondents, 30% have between 4 and 6 dependants, and 13% have seven
and more dependants.

Box 1: Number of people dependent on AM


Assuming the maximum number of dependants for each category, it is estimated that the 1179 respondents
that participated in the study have an estimated 4800 people dependent on them for livelihoods. This comes
from a multiplier effect of 4 people, i.e. on average one miner supports four people.

Policy and strategic framework


80%

70%

60%

50%

40%

30%

20%

10%

0%
None Between Between Between 10 and Not disclosed
References

1 and 3 4 and 6 7 and 9 more

KIMBERLEY VLAKFONTEIN CARLTONVILLE

Figure 10: The number of dependents supported by the respondents

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


16
Introduction and Objectives
Linked to the above question, the respondents were asked if they stayed with their families. In the case of
Kimberley, 67% of the respondents replied no. This is because the majority of the respondents stay at camps near
the mining sites. The majority of the miners stay in camps permanently and only go home at the end of the year
or when they have made a mineral sale. In the case of Vlakfontein, about 60% of the respondents stay with their
families. For Carletonville, 80% respondents reported staying with their families.

Research findings
Building the case for AM in RSA
Policy and strategic framework
Figure 11: Campsite in Kimberley, Northern Cape

5.1.3. Employment and income


This section provides data on employment history and exposure to mining, pull and push factors, working
arrangements, income generated and spending patterns.

Working experience in AM
Figure 12 illustrates the work experience of the respondents. Overall, 38% of the respondents have been engaged
in AM activities for between 1 and 3 years. More than 40% of the respondents have been working in the sector
for more than 3 years. Figure 15 disaggregates the experience that exceeds three years. Of those that have been
engaged in AM for more than 3 years, 34% indicated to have been working in the sector for between 3 and 5
years. About 28% of the respondents have been working for between 6 and 10 years. There is also a considerable
References

percentage of the respondents have depended on AM activities for more than 10 years.

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


17
Introduction and Objectives
80%

70%

60%

50%

40%

30%

20%

10%

Research findings
0%

Less than Between More than Not


1 year 1 and 3 3 years disclosed

KIMBERLEY VLAKFONTEIN CARLTONVILLE

Figure 12: AM working experience

Building the case for AM in RSA


Policy and strategic framework

Figure 13: Diamond miners sieving the soil in search of diamonds


References

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


18
Introduction and Objectives
Research findings
Figure 14: A gold miner in Carletonville

5.1.2. Family and dependents


This section of the report provides a snapshot of the miners’ families and dependents. This was included in the

Building the case for AM in RSA


research to determine the number of people who are dependent on AM activities. In the context of the research,
dependents were defined as a person whom the respondents supported financially, and these could include
children, spouses or partners, parents, and other relatives.

Are you a breadwinner at home?


When asked if they were breadwinners at home, over 80% of the respondents in all three sites responded yes.
This is shown in figure 9 below.

80%

70%

Policy and strategic framework


60%

50%

40%

30%

20%

10%

0%

Between Between Between Between more than Not


3 and 5 6 and 9 10 and 15 16 and 20 20 years disclosed

KIMBERLEY VLAKFONTEIN CARLTONVILLE


References

Figure 15: AM experience exceeding three years

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


19
Introduction and Objectives
Drivers to participate in AM activities
Figure 16 summarises the push and pull factors. In the case of the three areas, over 80% of the respondents
were pushed into the AM sector because of limited employment opportunities in their areas. Only 20% of the
respondents were attracted by the prospects of high and quick income.
Linked to the above question, respondents were asked if they were employed prior to becoming artisanal miners.
Of the total respondents, 44% responded yes. Those that were employed, 34% were retrenched from previous
employment, 29% were on contracts, which ended, and 21% resigned from previous employment because of low
remuneration.

100%

90%

Research findings
80%

70%

60%

50%

40%

30%

Building the case for AM in RSA


20%

10%

0%
Limited jobs High income Quick income Others

KIMBERLEY VLAKFONTEIN CARLTONVILL

Figure 16: Drivers to participate in AM

100%

Policy and strategic framework


90%

80%

70%

60%

50%

40%

30%

20%

10%

0%
Kimberley Vlakfontein Carltonville
References

YES NO NOT DISCLOSED

Figure 17: Indication of previous employment

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


20
Introduction and Objectives
Working experience in LSM sector
There is also a popular view that the majority of artisanal miners have been retrenched by the LSM operations.
Amongst the questions posed to the respondents regarding employment was if they have worked in LSM
operations prior to becoming artisanal miners. The results are depicted in figure 18 below. Of the respondents,
only 29% of the respondents had worked in LSM operations before. The majority of the respondents had no
exposure to mining before.

Of those that have worked in LSM operations, about 47% were employed for between 1 and 5 years, 19% between
6 and 10 years, and 20% worked in LSM operations for more than 10 years. The remaining percentage did not
disclose years of experience.

Research findings
100%

90%

80%

70%

60%

50%

40%

Building the case for AM in RSA


30%

20%

10%

0%

Kimberley Vlakfontein Carltonville

YES NO NOT DISCLOSED

Figure 18: Working experience in LSM

Policy and strategic framework


Source of livelihoods
The miners were asked if AM was their only source of livelihood and about 90% of the respondents said yes.
More so, over 80% of the respondents work as miners on a fulltime basis. Figure 19 shows the additional income
streams of other respondents. The majority of the respondents (i.e. 39%) receive social grants as additional in-
come. These include the old-age grants as well as child support grants. About 32% of the respondents have their
own businesses (e.g. some are builders, carpenters, hair dressers, and have their own spaza shops). The other
respondents (i.e. 7%) have side jobs (i.e. working in local spaza shops, taxi drivers etc.). In the case of Kimberley,
some respondents indicated to have established small businesses in the campsite to generate income when there
is no production (See figure 20 and 21).. 7%
14%
1%
7% 32%
References

Figure 19: Additional income earned by the respondents 39%


ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT
21
Introduction and Objectives
Research findings
Building the case for AM in RSA
Figure 20: Advertising board for local camera-man

Policy and strategic framework


References

Figure 21: A female miner growing a vegetable garden for food

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


22
Introduction and Objectives
Income generated from AM activities
On the question of income, most respondents were not comfortable disclosing their income. This was the case in
all three sites. The income data presented here may not be a true reflection of what the respondents are actually
earning from AM.

For the diamond miners, it was difficult to determine the levels of income because their production is not
continuous. They therefore do not have weekly or monthly income. Equated to “lottery” and “gambling”, miners
can go from several months to the entire year without making a sale. When they do find a stone, they can strike it
big and earn millions of Rands. To try and obtain some income data, the miners were asked how much they have
made in the last sale. The responses are depicted in figure 22 below. As observed in the figure, about 37% of the
respondents claimed to have made a sale of less than ZAR1,000 and 20% of the respondents have made between

Research findings
ZAR1,000 and ZAR2,000. Of the respondents, 16% chose not to answer the question.

40%

35%

30%

25%

20%

Building the case for AM in RSA


15%

10%

5%

0%
Less than Between R1 000 Between R2 001 Between R5 001 More than Not
R1 000 R2 000 R5 000 R10 000 R10 000 disclosed

Figure 22: Income generated by artisanal diamond miners

The results for those that reported to have made more than ZAR10,000 are captured in figure 23 below. One

Policy and strategic framework


respondent disclosed to have made ZAR1, 7 million from a sale of one stone.

40%

35%

30%

25%

20%

15%

10%

5%

0%
References

Between R10 001 Between R20 001 Between R30 001 Between R40 001 Between R50 001 Not
R20 000 R30 000 R40 000 R50 000 R100 000 disclosed

Figure 23: Income exceeding ZAR10,000 in diamond mining

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


23
Introduction and Objectives
The income data for the gold sites is presented in figures 24 and 25. Again, the majority of the respondents
claim to make between ZAR1,000 and ZAR2,000 per month. In the case of Carletonville, 36% of the respondents
make between ZAR2,001 and ZAR5,000. Those that reported to earn more than ZAR10,000, 39% earn between
ZAR10,001 and ZAR20,000 and 30% earn between R20,001 and ZAR30,000. About 17% of the respondents
revealed to earn more than ZAR50,000 per month. The revenue generated depend on the price of gold, which
fluctuates. At the time of the research, the selling price was ZAR500 per gram. The miners use mercury to
amalgamate the gold and it is sold at ZAR350 per bottle. The miners can process 50 grams of gold from one
bottle of mercury.

60%

Research findings
50%

40%

30%

20%

10%

0%

Building the case for AM in RSA


Less than Between 1 000 Between R2 001 Between R5 001 More than Not
R1 000 R2 000 R5 000 R10 000 R10 000 disclosed

Figure 24: Income generated by gold artisanal miners

45%

40%

35%

30%

25%

Policy and strategic framework


20%

15%

10%

5%

0%
Between R10 001 Between R20 001 Between R30 001 Between R40 001 More than
R20 000 R30 000 R40 000 R50 000 R50 001

Figure 25: Income exceeding ZAR10,000 in gold mining

Box 2: Income generated by artisanal gold miners


To validate the income data, the gold miners were asked the selling price of gold and typical production outputs
that they can achieve on a daily basis. A gram of gold is sold for about ZAR500. Most miners indicated to
References

producing between 4 and 8 grams of gold on a daily basis. Assuming a 20-days working period per month, the
income generated comes to between ZAR2,000 and ZAR4,000 on a daily basis, and ZAR40,000 and ZAR80,000
on a monthly basis. The miners work as individuals and in groups of three people as shown in figure 25 below.
In the latter case, the income is shared equally amongst the miners with each earning between ZAR13,000 and
ZAR27,000 on a monthly basis.

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


24
Introduction and Objectives
Research findings
Figure 26: Gold mining site in Carletonville

Spending patterns

Building the case for AM in RSA


The respondents were asked to how they spent their money, and this is depicted in figure 27 below. As seen on
the radar chart, the bulk of the income goes to basic necessities. The second largest spend is children’s education
and personal savings. A considerable portion of the income is sent home. This is particularly the case for foreign
nationals.

In the case of Kimberley, most miners reported to have built houses and purchased cars with their earnings from
AM activities. Figure 28 is a picture taken at a meeting with artisanal miners. The whole street was occupied by
cars owned by miners. This could be used as evidence that artisanal miners are making sufficient income, which
is enhancing their standard of living.

Policy and strategic framework


Basic neccessities
100%
90%
80%
70% Accommodation e.g.
Entertainment and other
60% Rent
50%
40%
30%
20% Kimberley
10%
0% Vlakfontein
Invest back into the Carletonville
Children education
business
References

Personal savings Send money home

Figure 27: Respondents’ spending patterns

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


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Introduction and Objectives
Research findings
Building the case for AM in RSA
Figure 27: Cars owned by artisanal miners in Kimberley

Policy and strategic framework


5.1.4. Job satisfaction and aspirations
The responses to the questions related to job satisfaction and aspirations are summarised in table 1 below.

Question Results Discussion

Do you enjoy The majority of the


working as a miner? respondents (e.g. 99%) in
Kimberley responded yes.
About 72% of the respondents
answered yes in Carletonville.
The responses in Vlakfontein
Kimberley Vlakfontein Carletonville are mixed with only 37%
References

Yes 99% 37% 72% responding yes


Somewhat 1% 39% 3%
No 0% 24% 27%

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


26
Introduction and Objectives
Question Results Discussion
If you get another In line with the above
job, would you leave question, the majority of the
AM? respondents in Vlakfontein
and Carletonville said that they
will leave AM if they obtained
alternative employment. In
Kimberley Vlakfontein Carletonville Kimberley, the majority of
Yes 37% 92% 70% the respondents (i.e. 60%)
Somewhat 3% 6% 3%
60% 2% 27% indicated that they will

Research findings
No

not leave AM even if they


obtained other jobs. Those
who answered ‘somewhat’
indicated that it will depend
on the earnings offered and
if it was more than what they
are currently earning, they will
leave.

Building the case for AM in RSA


Question Results Discussion
Are you looking for a When asked if they were seek-
job at present? ing employment at present, the
majority of the respondents
in Carletonville answered yes.
Interestingly, in Vlakfontein,
the bulk of the respondents
Kimberley Vlakfontein Carletonville answered no. This contradicts
Yes 38% 14% 69% with the responses to the
Somewhat 2% 8% 2%

Policy and strategic framework


No 60% 78% 28% previous questions. However,
it may be that the respondents
have been looking for alterna-
tive employment for too long
and have become despondent.
References

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


27
Introduction and Objectives
Question Results Discussion
Is AM a difficult job When asked if working as AM
to be engaged in? was difficult, the majority of
the respondents answered yes.
Over 90% of the respondents
in Vlakfontein indicated that
it was difficult being miners
Kimberley Vlakfontein Carletonville largely because of security
Yes 63% 96% 70%
issues.
Somewhat 3% 2% 6%
35% 2% 23%

Research findings
No

Question Results Discussion


Are you satisfied When asked about their work-
with the working ing conditions, as can be seen
conditions in your in the graph the respondents in
site? gold mining sites are not hap-
py with the working conditions.
In the case of diamond mining,

Building the case for AM in RSA


Kimberley Vlakfontein Carletonville the majority of the respon-
Yes 91% 10% 47% dents (i.e. 90%) are satisfied
Somewhat 3% 65% 6%
No 5% 25% 47% with the working conditions.

Question Results Discussion


How worried are you In line with the responses
about your health above, the majority of the min-
and safety? ers in the two gold sites e.g.
Vlakfontein and Carletonville
are very worried about their

Policy and strategic framework


health and safety.
Kimberley Vlakfontein Carletonville
Not worried 40% 84% 5%
Little worried 38% 6% 21%
Very worried 22% 8% 74%

Question Results Discussion


Do you regard being When asked if they regard
an AM a proper job? being artisanal miners a
proper job, over 80% of the
respondents in Kimberley and
Carletonville responded yes.
Only 18% of the respondents
References

Kimberley Vlakfontein Carletonville in Vlakfontein regarded being


Yes 96% 18% 82% artisanal miners as ‘real’ jobs.
Somewhat 2% 53% 5%
No 2% 29% 13%

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


28
Introduction and Objectives
Question Results Discussion
Do you being an AM The respondents were
is a respected job in asked if their communities
the community? respected artisanal
miners. The majority of the
respondents in Kimberley
and Carletonville expressed
Kimberley Vlakfontein Carletonville that their communities do
Yes 96% 4% 71% respect their job because
Somewhat 2% 63% 10%
2% 31% 17% they are contributing to the

Research findings
No

community. The majority of


the respondents in Vlakfontein
felt that their jobs were not
being respected by their
community because of the
conflicts between AM and LSM

Question Results Discussion

Building the case for AM in RSA


How do you think the In line with the previous
community perceive questions, the majority of the
AM? respondents in Kimberley and
Carletonville indicated that AM
is perceived positively by the
community. The responses
Kimberley Vlakfontein Carletonville in Vlakfontein are mixed with
Positive 78% 10% 76% the majority stating that AM is
Negetive 2% 18% 5%
Both 16% 61% 12% perceived both positively and
2% 8% 5%
Not sure
negatively in the community.

Policy and strategic framework


Question Results Discussion

Do you think AM has The majority of the


contributed to the respondents expressed that
reduction of poverty AM activities have contributed
in your community? to poverty alleviation in their
communities.

Kimberley Vlakfontein Carletonville


Yes 98% 59% 98%
Somewhat 1% 37% 1%
No 1% 4% 4%
References

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


29
Introduction and Objectives
Question Results Discussion
Do you think AM has In terms of small business
contributed to the development, the majority
establishment of of the respondents (i.e.
small businesses in over 80%) in Kimberley and
your community? Carletonville indicated that
AM activities have stimulated

Kimberley Vlakfontein Carletonville


entrepreneurship leading to the
Yes 98% 59% 95% creation of small businesses.
Somewhat 2% 37% 4% The AM activities have also
0% 4% 1%

Research findings
No
boosted local businesses.
In the case of Vlakfontein,
only 24% of the respondents
answered yes. operations.

Question Results Discussion

Building the case for AM in RSA


Do you think AM In light of the discussions on
should be promoted the regularisation of AM in the
or discouraged? country, the respondents were
asked whether AM activities
should be promoted or discour-
aged. As can be seen in the

Kimberley Vlakfontein Carletonville


graph, the majority of the re-
Promoted 98% 96% 94% spondents expressed that AM
Discouraged 1% 0% 2% should be promoted. A small
Both 1% 0% 2%
Not Sure 0% 2% 1% percentage of the respondents

Policy and strategic framework


(i.e. 1%) indicated that AM
should be discouraged.

References

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


30
Introduction and Objectives
5.2. Participatory appraisal through focus group discussions
As mentioned in the methodology, the participatory approach involved identifying the key issues facing the AM
sector in South Africa and identifying possible solutions to these issues, which could form the basis for the
strategic considerations on the effective management of the sector.

5.2.1. Key issues facing AM in South Africa


In order to identify the key issues of concern for the sector, during a plenary of the workshop the participants were
first asked to list their experiences as miners particularly from the perspective of problems and difficulties they
faced in plying their trade. It is important to note that this session was made up of artisanal miners, and CSO and
CBOs from mining-affected communities and did not include other stakeholders such as government, LSM etc.
The challenges identified from this plenary included the following:

Research findings
• Being arrested and treated as criminals and related loss of property during their interactions with the police.
• AM not being recognised and being discriminated against and not being integrated in the mainstream
economy.
• Market access problems leading to exploitation by buyers and not getting fair prices for the mineral produced.
• Health and safety challenges, for example, exposure to dust, mercury and other health risks and not being
educated on the risks.
• Lack of capital to invest in their ventures.
• Not having access to technology to improve the efficiency and productivity of their operations.

Building the case for AM in RSA


• The presence of middlemen who exploit the miners.
• Licensing fees for mining licence applications, which are not affordable.
• Financial provisions for rehabilitation that are difficult to attain.
• Inappropriate category of license and its provisions.
• Lack of access to information about the types of licenses.
• Exploitation by elites who steal their production using police as proxy.
• The Department of Mineral Resources and Energy (DMRE) (previously DMR) not showing interest in the
miners, not offering any assistance, not being honest and transparent resulting in marginalization.
• Lack of clarity about the laws being contravened by informal miners, and not understanding why they are
charged with ‘trespassing’ when arrested for informal/illegal mining

Policy and strategic framework


• Human rights violations during interactions with the police.
• Lack of monitoring from DMRE.

From an analysis of the key issues identified by the participants emerged six (6) themes, which were prioritised for
the focus group discussions. These were:
• Police abuse and human rights violations;
• Health, safety and environment risks;
• Lack of access to inputs (capital/equipment /technology);
• Gender inequality;
• Limited access to minerals and land; and
• No recognition of the sector.

The participants were broken up into groups of eight to unpack the issues of each theme. To capture the
References

perspective of women on all six themes one group of women was constituted to discuss all the issues from a
gender perspective. The discussions on these themes are captured in the following sections below.

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


31
Introduction and Objectives
5.2.1.1. Police abuse and human rights violations
The specific issues that were raised by the participants as affecting them on daily basis in relation to abuse by the
police and human rights violations include:
• Criminals stealing from the artisanal miners after the process of stockpile of ore
• Intimidation and brutality.
• Trespassing - Miners are charged with trespassing even though there is no clear ownership of the land.
• Miners are forced to share their money from mining with the syndicates, and “big fishes” who are sometimes
linked to DMRE, politicians and local municipality.
• Stealing of equipment and machinery which is a major cause of conflict amongst artisanal miners.

5.2.1.2 Health, safety and environment

Research findings
The issues related to health, safety and the environment present a lot of challenges for AM. The concerns
identified by the participants include:
1. Health
• No health assessment impacts carried out.
• Miners receive no check-up for illness that might result from exposure of dangerous chemicals used during
the mining process.
• The are no health centres where the miners can receive treatment for their mining related ailments.
• There is no training on health-related issues.

2. Safety
• No proper use of personal protective equipment (PPE) is used.

Building the case for AM in RSA


• There is no underground support to prevent rock falls from hanging walls.
• The use of items prohibited in the mine, e.g. cigarette, cell phones etc. to prevent hazards.
• No compliance with the Labour Relations Act and other laws pertaining to occupational health and safety.
• Miners in the gold sector loose teeth and have skin damage because of acid.
• Miners in the coal and chrome sectors are injured from ‘fall of ground’.
• Lack of proper access roads.
• Blasting does not follow standards.

3. Environment
• No environmental impact assessments done.
• No control of air pollution and dust emissions.

5.2.1.3 Inputs (capital/equipment /technology)

Policy and strategic framework


The challenges identified by the miners with respect to inputs include the following:
• Lack of access to funding
• Poor skills development and limited application of technology in artisanal mining.
• Not being recognised and given access to environmental rehabilitation opportunities (of derelict and owner-
less mines) as artisanal miners.
• The ‘use it or lose it’ principle is not applied in unrehabilitated and abandoned mines. Miners not given the
opportunity to work on abandoned mining sites.

5.2.1.4 Gender
Gender issues cut across all themes and the challenges raised by the miners include:
• There is no gender equality.
• Women are limited to open cast mining, because it is not safe underground because of fights amongst male
miners.
• Women artisanal miners are discriminated against by their male counterparts in the industry who consider
them too weak to manage.
• Women suffer police abuse, for example:
• Women are pressured into sexual favours to avoid arrest by the police.
References

• Often times, women are arrested for no reason and their equipment and minerals are confiscated.
• Police take advantage of the fact that women sometimes do not know their rights.
• Women do not have adequate information on health and safety, for example on the chemical hazards from
mineral processing and how to prevent exposure.
• Mining is not a safe environment for women.
ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT
32
Introduction and Objectives
• Middlemen take advantage of women in minerals sales.
• Women do not have equal access to inputs for their operations.
• It is more difficult for women to access land and mineral rights. Women are not being supported to acquire
mining licenses
• There is also no support for women who are sex workers on mining sites.

5.2.1.5 Access to minerals and land


In the discussion on access to minerals, the main issues for AM include:
• The existence of too much red tape in accessing mineral rights.
• Lack of recognition of AM by the entities that predominantly control access, i.e. LSM and government.
• License requirements are not suitable artisanal mining cooperatives and individuals.
• Lack of creative thinking with respect to land access being incorporated into rehabilitation projects which can
be an opportunity for the miners, communities and government.

Research findings
5.2.1.6 Recognition of the sector
The challenges linked to lack of proper recognition of the sector that came from the discussion include:
• Criminalisation of the sector and its informal nature of the activities.
• Limited access to land for artisanal mining.
• Misconceptions about the criminal element in artisanal mining.
• No health and safety measures being taken.
• Limited access to market for different minerals.
• Community benefits in artisanal mining need to be understood and embraced.
• Lack of skills development in mineral disciplines.
• No support framework for development of artisanal mining in the country.
• No platforms for engagement with various stakeholders particularly government and LSM sector.
• Middlemen take advantage of women in minerals sales.

Building the case for AM in RSA


• Women do not have equal access to inputs for their operations.
• It is more difficult for women to access land and mineral rights. Women are not being supported to acquire
mining licenses
• There is also no support for women who are sex workers on mining sites.

5.2.1.5 Access to minerals and land


In the discussion on access to minerals, the main issues for AM include:
• The existence of too much red tape in accessing mineral rights.
• Lack of recognition of AM by the entities that predominantly control access, i.e. LSM and government.
• License requirements are not suitable artisanal mining cooperatives and individuals.
• Lack of creative thinking with respect to land access being incorporated into rehabilitation projects which can
be an opportunity for the miners, communities and government.

Policy and strategic framework


5.2.1.6 Recognition of the sector
The challenges linked to lack of proper recognition of the sector that came from the discussion include:
• Criminalisation of the sector and its informal nature of the activities.
• Limited access to land for artisanal mining.
• Misconceptions about the criminal element in artisanal mining.
• No health and safety measures being taken.
• Limited access to market for different minerals.
• Community benefits in artisanal mining need to be understood and embraced.
• Lack of skills development in mineral disciplines.
• No support framework for development of artisanal mining in the country.
• No platforms for engagement with various stakeholders particularly government and LSM sector.

5.2.2. Possible solutions to the challenges facing AM in South Africa


In considering the possible solutions to challenges faced by AM in South Africa, it is important that these
proposed interventions consider the historical issues, current realities and future socio-economic agenda of South
Africa. The mining sector as governed by the MPRDA is underpinned by several objectives, including: (1) ensuring
References

equitable access to mineral resources; (2) expanding opportunities and benefits of disadvantaged and vulnerable
groups in the society in the mining sector; (3) promoting Section 24 of the Constitution; (4) facilitating socio-
economic development and improving welfare of the society; and (5) ensuring sustainable development of the

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


33
Introduction and Objectives
country’s mineral endowment. Drawing from these objectives, it is important that the strategy framework for AM
aligns with and promote these principles to ensure the contribution of the AM sector to the broader development
agenda of the country. The proposals for AM strategic framework are discussed in terms of the following areas:
• Optimal regulation;
• Equitable access to resources;
• Mitigation of negative impacts;
• Contribution to sustainability and sustainable development; and
• Optimal processes and platforms for engagement.

In addition to proffering possible solutions the participants also indicated which stakeholders would play a key
role in the implementation of these solutions. The following sections summarise the outcomes of the focus group
discussions on these topics.

Research findings
5.2.2. Optimal regulation
In considering how ‘optimal regulation’ might be achieved, the participants made the recommendations to address
the challenges associated with non-optimal regulation and made suggestions on which key stakeholders would
have role to play in addressing the current challenges.
Table 2: Optimal regulation considerationscountry’s mineral endowment. Drawing from these objectives, it is im-
portant that the strategy framework for AM aligns with and promote these principles to ensure the contribution of
the AM sector to the broader development agenda of the country. The proposals for AM strategic framework are
discussed in terms of the following areas:
• Optimal regulation;
• Equitable access to resources;

Building the case for AM in RSA


• Mitigation of negative impacts;
• Contribution to sustainability and sustainable development; and
• Optimal processes and platforms for engagement.

In addition to proffering possible solutions the participants also indicated which stakeholders would play a key
role in the implementation of these solutions. The following sections summarise the outcomes of the focus group
discussions on these topics.

5.2.2. Optimal regulation


In considering how ‘optimal regulation’ might be achieved, the participants made the recommendations to address
the challenges associated with non-optimal regulation and made suggestions on which key stakeholders would
have role to play in addressing the current challenges.

Policy and strategic framework


Table 2: Optimal regulation considerations

Challenges Solution Stakeholders


Lack of integration into Adapt regulations to be inclusive of AM DMRE, AM, LED in municipality,

the mining sector and Encouraging cooperatives could also facilitate integration Private sector, LSM

rest of the economy

Lack of recognition Amend the MPRDA to accord full recognition of AM AM, DMRE, LSM

Poor market access Support the use of a certification schemes DMRE, Mineral Council, Mintek

Police brutality Appropriate regulations and their enforcement would lead to an SAPS, Justice Department, In-

integrated AM not vulnerable to abuse by the police dependent Police Investigation

Health and safety Ensure that there are requisite benefits for workers, use of appro- Directorate (IPID)
References

priate regulation to enforce the law, e.g. when renewing the mining Department of Health, Environ-

Skills development and license. ment and SAPS

training Capacity building in health and environment to support compliance Private sector, public sector, AM

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


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Introduction and Objectives
The participants noted that suboptimal regulation could be addressed through ensuring that regulations are
adapted to be more inclusive of the AM sector. It was also felt that encouraging the formation of cooperatives in
AM might facilitate integration of the sector. However, it is also important that regulation recognises miners that
work as individuals. Amendment of the legislative framework to accord full recognition of the sector is an import-
ant consideration. An optimal regulatory framework was felt ought to incorporate schemes to improve market
access, address health and safety as well as skills development to deal with compliance to environmental require-
ments. Providing for enforcement of regulations was also considered important. All different types of stakehold-
ers are important in bringing about the necessary change.

5.2.2.2 Equitable access to resources


Equitable access to resources is the beginning of inclusiveness in the mining sector. The participants considered

Research findings
the apparent inequitable access to resources from the perspective of mineral rights, inputs, participation of wom-
en and youth and the relationship between ASM versus LSM. They explored non-regulatory approaches as well.

The solutions noted by the participants to address the challenges associated with lack of equitable access to
resources included innovative approaches like sub-contracting exploitation by LSM to AM, engagement of dif-
ferent sources of capital, the use of social media for advocacy and platforms for access information as well as
for improved transparency and accessing the law. The stakeholder types with a role include government, funding
institutions, communities, traditional leaders, research and development institutions.

Building the case for AM in RSA


Table 3: Equitable access to resources considerations

Challenges Solution Stakeholders


Access to mineral Consider sub-contracting by LSM to communities of appropriate LSM, ASM, DMRE

resources (and land) assets for exploitation at AM. This could be orebodies that are sub-

economic for large scale exploitation or processing waste

products. There is need to identify abandoned sites that can be

allocated to AM activities.

ASM, LSM, Financial institutions and of

Access to finance Engage local and international institutions to understand the Social movement funders

Policy and strategic framework


requirements and develop innovative solutions.

Communication resources Use of social media and social media networks to advocate ASM, LSM, Funding institutions

for equitable access to resources by the AM sector.

DMRE, Mintek, Mining houses, Communities,


Access to information Create meaningful engagement platforms to rally all NYDA, Women and youth formations, LGBTQ,
local media, Local development agencies, other
stakeholders to support access to resources.
institutions of research in extractives

No public participation for Ensure free prior and informed consultation for mineral rights DMRE, Mintek, LED, Community

engagement on policy and granting. Simplified language of documents, particularly for organisations, Traditional leaders, SEDA,

framework application of mineral rights Women and youth formations, LGBTQ


References

5.2.2.3 Mitigating negative impacts of mining


The participants also discussed the strategic approaches to managing the negative impacts of AM which they all
acknowledged are problematic for the sector. Key areas of consideration were safety, health, environment and

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


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Introduction and Objectives
social (including community). They considered these from the perspective of opportunities that exist in the
management of impacts.

Challenges Solution Stakeholders


Recognition of the sector To engage the department of mineral rights. Water sanitation as JSE, Department of Labour??

is lacking a strategy to mitigate impacts

Market Remove the middlemen DTI, DMRE, Mineral Council of South Africa

Injuries (work related) Formalising the sector and providing training on health and Department of Labour, DMRE,

Research findings
safety related matters – standards, procedures and practice. Department of Health, Police (SAPS), miners

Non-South Africans

participation Organize AM to engage on solutions for non-nationals Department of Home Affairs

Rehabilitation of old mine

dumps Environmental Development of SMMEs, cooperatives and AM groups to con- DTI, DMRE, Mineral Council of South Africa,

management plans tract for rehabilitation. Mintek

(EMP)

Building the case for AM in RSA


The participants discussed how addressing the lack of recognition of the AM sector could mitigate the negative
impacts of mining. They cited the Department of Labour (DoL) as appropriate since it is the government
department that has the mandate for ensuring good conditions of work (an important aspect of formalisation).
Mention of the Johannesburg Stock Exchange (JSE) as important role player was from the perspective that well
capitalised mining operations will have adequate capacity to address impacts of mining.

The participants spoke about the challenge of undocumented foreigners in AM. The main concern being that
they are working in the ‘shadows’, which makes the sector vulnerable to practices that have negative impacts on
health, safety and the environment, as well as social issues such as exploitation. Hence getting organised as AM
to engage authorities such as the Department of Home Affairs to address the underlying migration and related

Policy and strategic framework


social issues will lead to a reduction of some of the negative impacts resulting from migrants working in the
‘shadows’. An example that the participants cited is the exploitation by middlemen because the miners may not
have access to legal markets.

The participants mentioned that unrehabilitated old mine dumps are a typical manifestation of the negative
impacts of mining. Much of this is related either to inappropriate EMPs or their inadequate implementation. A non-
regulatory solution suggested is to consider old mine dumps as an opportunity to create jobs through SMMEs and
cooperatives. The key stakeholders to make this happen include Department of Trade and Industry (DTI) which
has a mandate for SMME development, DMRE to provide regulatory framework that supports this, Mineral Council
of South Africa as private sector representative that can facilitate access to these old mine dumps, and Mintek as
they are leading the implementation of the Derelict and Ownerless Mines Rehabilitation Programme.

5.2.2.4 Sustainability
References

In considering how to ensure that AM contributes to sustainable development, the participants highlighted
the importance of addressing the challenges of policy and regulatory framework, access to land, funding and
equipment, challenges of security and legitimate markets.

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


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Introduction and Objectives
Challenges Solution Stakeholders
MPRDA, Mining Charter, Amendment, Implement, to protest DMRE, DEA, Justice Department

Policies, NEMA

Funding/Equipment Cooperatives, companies, proper business plan DMRE, DTI, Banks

Land Government, municipalities, mine owners Land Affairs, DEA, LED, Communities

Security Training Mintek, DMRE, MQA

Intimidation Legal/valid documents Police, IPID

Research findings
Markets Cut the middlemen JSE, Refinery Company

Sustainability and sustainable development require that exploitation of the mineral resources contributes to
assets that are available for future generations to have meaningful livelihoods. The participants highlighted the
importance of addressing the challenges of the current policy and regulatory framework. They suggest that laws

Building the case for AM in RSA


and regulations be amended and properly implemented. As citizens they see “protest action” as route to forcing
the relevant authorities such as DMRE, Department of Environmental Affairs (DEA) and Department of Justice.

The participants also perceive access to funding, equipment, land and markets as route to sustainability.
Organising and the formation of AM groups and companies with proper business plans for their mining operations
is important for this. The key stakeholders to support this are DMRE, DTI and financial institutions. With respect
to accessing land, government, municipalities and LSM operations must make land available for AM surface
access, supported by the LED departments in the municipalities and Department of Land Affairs. Responsible use
of the land to ensure sustainable practices can be ensured by the involvement of DEA and communities who need
to be consulted on land use permits. To address the main challenge related to access to markets which is linked

Policy and strategic framework


to unsustainable practices, the participants suggested removing the middlemen, and this is something that can
be supported by legitimate markets like the refineries in the case of gold and platinum.

The participants also mentioned that lack of security for miners, makes them vulnerable to intimidation and poor
practices that do not support sustainability and sustainable development. To secure their positions in AM, the
participants suggested having valid legal documentation for the AM operations. They also felt that training would
give them knowledge and skills about running viable operations that are more secure. The key stakeholders to
support this are DMRE as the regulator, Mining Qualifications Authority (MQA) as the entity mandated to provide
knowledge and skills and learning providers like Mintek. Mintek also offer technical services, which can support
the development of more secure and viable operations. The police and IPID are also important in addressing
ongoing cases of intimidation and abuse.

5.2.2.5 Optimal processes and platforms


References

Any recommendations for the development of a Strategic Framework for AM South Africa can only be
implemented if there are processes for uptake supported by appropriate platforms for engagement. These
processes and platforms also need to be supported by robust evidence. The participants considered possible

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


37
Introduction and Objectives
solutions to address the challenges in the current processes and platforms for AM policy formulation and
implementation.

An important solution that the participants felt needed to be implemented with respect to processes and
platforms for the AM sector was the involvement of the miners in decision making. They also mentioned that
they would like their organisations to be recognised as legitimate structures for engagement. It was felt that
empowerment of the miners through entrepreneurship training and proper implementation of Broad-based Black
Economic Empowerment (BBBEE) would support that, as would ensuring free informed and prior consent (FPIC)
of affected communities. Structures for supporting AM in formalising and to be more productive could also be
used to make sure that miners have access to information.

Research findings
Challenges Solution Stakeholders
No transparency in policy Including us (i.e. AM) when during decision making taken DMRE, Department of Health, Department of

making Entrepreneurship development Water and Sanitation, LED, Police (SAPS), artis-

Implementation of BBBEE (code of good practice, Act 53 of anal miners, Mining companies

2003)

Lack of interface with AM Treat artisanal miners organisations as legitimate structures for SALGA, Mining Affected, Labour Department,

formal structures engagement Investors

No public participation Support access to funding or resources

Building the case for AM in RSA


platform for affected

parties

Access to information Free informed and prior consent (FPIC) Community consultation The Communities must be the principal stake-

from DMRE, custodian- LED to organise workshops on how we should formalise AM holders, and artisanal miners. LED, All mining

ship Structure to support AM accessing machinery to reach produc- stakeholders and DMRE

tion targets

Land rehabilitation process where there is need for sustainable

community, agriculture for food security,

Priority of having our own markets

Policy and strategic framework


Infrastructural programme for decent house

5.3 Conclusions
5.3.1. Baseline surveys
Broadly, the following information could be extracted from the baseline survey to inform policy recommendations
and interventions:
• Who is operating the AM sector? From the survey, participants profiles could be segmented from a gender
perspective, age distribution, nationality, and education levels. Essentially, the surveys provide key information,
which is a pre-requisite in identifying target groups for policy-making and interventions.
• The surveys also provide information that could be used to map the level of impact of AM activities on
livelihoods and local socio-economic development. This include information on dependents, spending
patterns, and relationship with small businesses. The survey also contains data that can be used to form the
References

basis for understanding local economic multipliers, links between the sector and other business activities
which can be used to map and quantify the ecosystem of the AM sector.
• The income data in the surveys can also be used in various assessment such as determining the standard of

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Introduction and Objectives
living of miners and their families or calculating purchasing power of miners in local communities, or potential
revenue that government could earn in the form of taxes or royalties. The data could also be used to inform
legislative provisions that require ‘financial provisions’ to ensure that mining in conducted in a sustainable
manner.
• The data on job satisfaction and aspirations also provides useful information that could also inform policy-
making and interventions. Amongst the findings coming from the surveys is the importance of AM to the
miners and how they perceive it. A number of conclusions can be drawn from the data provided, for example
the majority of the miners expressed their satisfaction with AM with many perceiving the activity as a proper
job. The responses also indicated the majority of the miners have no intention of leaving AM activities. This is
an important finding that would need to be considered when exploring alternative interventions to managing
the sector.

Research findings
To this effect, some of the conclusions that can be drawn from the surveys regarding the profile of the sector and
the socio-economic status of the miners:
• With the increase in the number of people participating in artisanal mining activities, the sector continues to
provide livelihood opportunities for women. Women are found to account significant percent of the workforce
in AM globally. In the recent estimates provided by the Intergovernmental Forum on Mining, Minerals, Metals
and Sustainable Development (IGF) (2017), women accounted between 10 and 20 percent of the workforce
in Latin America, and between 40 and 50 percent in Africa. In some countries, women make up 100 percent
of the workforce9. In the case of South Africa, previous studies estimated that women accounted 5% to the

Building the case for AM in RSA


total workforce in the sector10). The survey results provide a higher percentage and based on observations
at the site, it is estimated that women account for at least 20% of the total workforce. More women were
encountered on site; however, some of them did not feel comfortable taking part in the research.
• Due to its entry requirements, artisanal mining is able to attract a spectrum of people from various
backgrounds. There has been growing attention in literature on the participation of young people in artisanal
mining in Sub-Saharan Africa11. The attention towards youth in the sector has been motivated by the region’s
burgeoning youth unemployment crisis. As is the case in most African countries, the research showed that
there is a significant percentage of young people in the AM sector in South Africa. In view of this, the sector
could serve as potential avenue for youth employment and entrepreneurship. The research also showed that
there is high participation of population above the age of 35 years, with a considerable percentage of people

Policy and strategic framework


above the working-age (e.g. above 65 years) also eking out living from AM activities. Broadly, these age groups
should be considered in policy-making and interventions.

It is common to find foreign nationals working as artisanal miners in various countries. In the case of Ghana, AM
activities are also conducted by miners from China, Togo, Burkina Faso, and Ivory Coast9. One of the popularly
held views in South Africa is that the majority of artisanal miners are foreign nationals, and this is linked to
the history of mining and the migrant labour systems. The research revealed that the majority of the miners
are actually South African citizens. However, foreign nationals also account for a significant share of the total
workforce particularly in the gold sector. While the AM sector is often earmarked for locals, the apparent profiles
necessitate the development of strategies that consider the engagement of foreign nationals in the sector.

Artisanal mining is associated with low skills and education levels. This is because the majority of the miners
References

come from poor education backgrounds. While this is the case in most countries, research on the sector has
revealed the participation of people with higher levels of education. In Ghana, for example, civil servants and
teachers have turned to artisanal mining because of unemployment challenges in the country9. In the case

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Introduction and Objectives
of South Africa, the education profile of the miners is consistent with the national education pattern where
the majority of the working age population are without matric and further education. According to Statistics
South Africa this category of the population is the most affected by unemployment accounting 57% of the
unemployment level6. The survey revealed that artisanal mining is conducted mostly by the section of the
population, which has only completed primary and middle school education. This group was found to have low
skill levels with the majority of them coming from not being employed prior to engaging in artisanal mining
activities. It was found that few have actually worked for LSM operations and had prior experience in mining.

As is the case in most countries where AM occurs, many people depend on artisanal mining activities beyond
the miners themselves. It is estimated that about 150 million people depend of ASM activities globally9.The
research showed that the majority of the miners are breadwinners in their families and have several family

Research findings
members dependant on them for their livelihoods. For most of the miners, artisanal mining is their only source
of income. Those with secondary income receive government grants, which are usually not enough for most
households because of the high standard of living. As a result, it was found that a considerable percentage of the
workforce engage in artisanal mining to supplement the grants. While the majority of the miners were reported
to have between one and three dependants, a considerable percentage of the miners are supporting four and
more dependants. A high portion of the earnings go to basic necessities (as expected) but also towards children
education. In the case of foreign nationals, most of the earnings are sent home and a portion is spent on rental
accommodation (e.g. feeding into the local economy).

Building the case for AM in RSA


While artisanal mining was once associated with commodity rushes, it has in some situations become a
permanent feature of local and rural economies. For most artisanal miners, the sector’s activities are seen as
medium to long-term employment options. On the debate of whether the activities are poverty-driven or motivated
by entrepreneurship prospects, the South African case study is inclined towards the former with the majority of
the miners pushed into the sector by limited economic opportunities and poverty. It was found that few miners
were attracted by the prospects of “high income” or “quick income” although these two characteristics are
achievable in the sector. The majority of the miners have been working in the sector for more than 3 years, with a
considerable percentage having 10 and more working experience. Most of miners work as artisanal miners on a
permanent basis, usually seven days a week. More so, it was revealed in the survey that the majority of the miners

Policy and strategic framework


and hosting communities perceive artisanal mining as a proper job because of the income that is generated
from the sector’s activities, the ability to increase the standard of living of own families, and contribution to local
economies.

While the miners underreported the earnings generated from artisanal mining, the research showed that
significant amounts of income are produced from AM activities. This income is considerably higher than income
earned in other sectors of the economy and available employment opportunities offered by government for
this cohort of people, for example the Expanded Public Works Programme (EPWP), a flagship programme in
South Africa aimed at providing income relief to unemployed people12. Underpinned by mostly infrastructure
development projects, the EPWP provides temporary work to unemployed population in the country. The
programme is linked to skills development offering where upon expiry of the projects, the participants leave with
working experience and skills thereby broadening their chances of finding employment in the labour market. The
EPWP usually target unemployed youth, and run on a contract basis, usually twelve-months. During the duration
References

of the contract, the participants are given a stipend of ZAR92.31 per day. This amounts to about ZAR2,000 on a
monthly basis, which is much less than what is earned in AM. The same can also be said for the minimum wage
provisions in the law that was promulgated in June 2019 ,13. The approved figures are ZAR20 per hour for general

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


40
Introduction and Objectives
worker, ZAR15 per hour for farmworkers, and ZAR15 per hour for domestic workers. This amounts to between
ZAR2,700 and ZAR3,700 per month.
Government signed the National Minimum Wage Bill into law. This policy decision was motivated by the dire socio-economic realities in the country. According

to National Treasury (2016), in parallel to the unemployment crisis, the labour market is associated with low levels of wages barring the country from addressing

poverty and inequality challenges. It was reported than 51% of the population in South Africa live on less than ZAR1,036.07 per month. More so, half of the

workforce earn less than ZAR3,700 per month with over 4.6 million people earning less than ZAR2,500 on a monthly basis. With an estimated minimum dietary

requirement of 2,100 calories per day costing ZAR445.55 per person, a household of five must earn at least ZAR2,227.75 to meet the food requirements. Most

households are unable to do so. The minimum wage was introduced to boost the income levels generated by most households.

• In comparing these figures with the income generated in artisanal mining, the research shows that AM
generates considerably higher incomes. For the gold sector, artisanal miners are able to earn between four

Research findings
and nine times more income than general workers, farmworkers and domestic workers. The income generated
in the diamond sector is far higher with miners able to make millions from the sale of one stone. To this end,
artisanal mining places the miners in Living Standard Measure (LSM) categories seven and eight (with LSM
10 and LSM 1 being the highest and lowest respectively)14.
• The earnings from artisanal mining are currently untaxed. According to the Mineral Council South Africa,
South Africa is losing ZAR7 billion annually from illegal mining and trading of precious metals and
diamonds15. Artisanal mining could serve as a potential tax base for government if regulated.
• The other major finding from the research could be linked to alternative strategies to managing artisanal

Building the case for AM in RSA


mining activities. With the growth of sector, there has been rising concerns on the impact of the sector on
the environment and the illegal nature of the sector which sometime step over to criminal activities. In a bid
to curb these challenges, the sector has seen the initiation of programmes under the umbrella of alternative
livelihood strategies. These programmes lead mostly by donors and international agencies, governments and
large-scale mining operations have been introduced as alternatives to artisanal mining. In most cases, these
alternative strategies have not been able to reduce the participation of people in artisanal mining. One of
the key questions raised in the research was that if the miners got another job, would they leave mining? The
majority of the miners said that they will not leave artisanal mining. The others said that they would leave AM
if the money was higher than what they were currently earning. For most of the miners, they were content
with their jobs not only because of the money, but also because of the freedom that came with working for

Policy and strategic framework


oneself. That is a characteristic that is offered by artisanal mining. The responses related to job satisfaction
and aspirations are important and should be taken into consideration when thinking about alternative
management strategies to AM in the country.

5.3.2. Participatory appraisal


In summary, it is evident that the participants in the sector have a good understanding of the issues that should
be considered, strong positions of how these can be addressed, and which stakeholders can play a key role. Even
though the breadth of stakeholder types in the discussions was limited and dominated by miners and CBOs it is
important for decision makers to consider the discourse that is emerged from the discussions, which points to the
need for:
• Recognition of the sector, appropriately reflected in the policy and legislative framework;
• Processes and platforms where inclusiveness and transparency in decision making is fostered; and
• Further evidence to better to understand the issues.
References

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41
Introduction and Objectives
6. Building the case for AM in South Africa
With the unprecedented growth of the sector, there is increasing recognition that the sector’s activities cannot be
overlooked both from the benefits perspective as well as through the lenses of understanding the adverse impacts
of the sector. Artisanal mining is recognised globally, taking place in more than 80 countries. There is evidence of
the sector in some countries being the mainstay of local economies playing an integral role in impoverished rural
communities. The sector is also associated with revenue and mineral production, employment creation, youth
and women development, small business development and other positive spill overs in local economies. On the
downside, the sector is associated with complications in health, safety, environment, and economic leakages
affecting not only the miners, but threatening the achievement of development agendas at global, continental,
national and local levels.

Research findings
6.1. International agenda
In 2015, the United Nations’ member states adopted the Sustainable Development Goals (SDGs) as a roadmap
to guide the eradication of poverty and other socio-economic challenges by 203016. The SDGs comprises of
17 goals aimed at economic prosperity, environmental stewardship and sustainability, and social inclusion.
Having been a pillar of most mineral economies, the mining industry is expected to play a considerable role
in the achievement of the SDGs. This is looked at from both perspectives vis-à-vis the positive and negative
impacts of mining and potential impacts on SGDs. In actual fact, mining has direct and indirect links with all
17 SDGs. Likewise, artisanal mining has a significant role to play in the attainment of SDGs. In mapping the

Building the case for AM in RSA


links between mining and SDGs, the Columbia Centre on Sustainable Development (CCSD) and other authors,
identified the following goals as having direct links with the ASM sector: SDG 1 (No poverty), SDG 3 (Good health
and wellbeing), SDG 8 (Decent work and economic growth), SDG 15 (Life on land) and SDG 16 (Peace, justice and
strong institution)17. The broad contribution of ASM to SDGs are in areas of poverty alleviation, environmental
stewardship, local economic development and broad-based empowerment.

As the case in other countries, the AM sector in South Africa exhibits the potential of contributing to several
SDGs. From the research, direct links can be drawn with SDG 1 (No poverty), SDG 2 (No hunger), SDG 4 (Quality
education), SDG 8 (Decent work and economic growth), SDG 10 (Reduced inequalities) and SDG 11 (Sustainable
cities and communities). Of course, there are negative impacts of artisanal mining that threatens attainment of

Policy and strategic framework


SDG 15 (Life on land) and SDG 16 (Peace, justice and strong institution). In view of these strategic contributions,
there is case in South Africa for supporting the formalisation of artisanal mining.

South Africa is also a signatory to the United Nations’ International Covenant on Economic, Social and Cultural
Rights, which it signed in 1994 and ratified in 201518. Underpinned by the promotion of freedom, peace, and
justice, the binding treaty requires governments to recognize the “Right to Work” which links to several of the
SDGs. Article 6 of the treaty states that:

“[t]he States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the
opportunity to gain his living by work which he freely chooses or accepts and will take appropriate steps to safeguard
this right.”

The poor regulation of the sector contravenes with this agreement, which has direct impacts on the achievement
References

of several SDGs.

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Introduction and Objectives
6.2. Continental agenda
The African Mining Vision (AMV) was adopted in 2009 by African Union’s member states as an agenda
to maximise the benefits of mining for broad-based socio-economic development19. Crafted to promote
transparency, equitability and optimal exploitation of mineral resources, the AMV is underpinned by seven
objectives, which are linked to key challenges facing the African mining industry. These encompasses
establishing economic linkages and developing a single African market economy; fostering a minerals industry
that effectively manages resource rents, and industry that is safe, healthy, gender inclusive and accepted by
communities; creating a mining industry that is diversified and globally competitive; growing mining businesses
and creating an favourable environment for the exploitation of both high value and low value minerals; and
developing a mining industry that supports artisanal and small scale mining and promotes the co-existence of
ASM alongside LSM operations.

Research findings
To this end, the AMV recognises the potential role of ASM in catalysing local and national entrepreneurship,
improving livelihoods of people and building resilient and self-dependent communities. To realise the potential
of the sector, the AMV calls on government to formalise the ASM sector’s activities by creating legislative
frameworks that consider the nature and dynamics of the sector’s activities and providing targeted programmes
aimed at not only addressing the negative impacts of the sector but also enhance the positive benefits of the
sector.

Building the case for AM in RSA


Of the 55 countries that are signatories to the AMV, only 24 countries have embarked on various policy and
legislation interventions to align national frameworks with the underlying principles of the AMV20. South Africa
is amongst the countries that are lagging behind in terms of fully embracing the objectives of the AMV. While the
formalisation of the ASM sector continues to be invaded with challenges, some countries have made significant
progress in transforming the ASM sector and reaping the benefits. For example, in Ghana, ASM activities
contributed 30% to the country’s total gold production in 2016. It is estimated that sector employs about 1.1.
million people with women accounting between 45 to 85% of the workforce21. In Rwanda all mineral production
of that country is by the ASM sector. In Tanzania, it is estimated that artisanal mining contributes 10% to the
national gold production. The sector current employs 1.5 million people with 9,000,000 people depended on the
sector’s activities22.

Policy and strategic framework


The ASM sector in South Africa is relatively small in terms of the number of people compared to other countries
with similar mineral endowment. However, it is evident that the sector is growing and becoming an integral part
of the economy particularly in mining communities, which are found to be dealing with a consistent decline in
livelihood strategies due to diminishing opportunities offered by LSM operations. From a continental perspective,
the drive to support the transformation of the ASM sector is rooted in the sector’s potential to contribute towards
employment creation (whether directly or indirectly by acting as a catalyst for small businesses) and broad-based
development by creating opportunities for vulnerable groups in the society. These two objectives resonate with
the South African development agenda and its socio-economic priorities as viewed broadly, and also in terms of
the shortcomings seen in the mining industry. From this perspective, there is a case for South Africa to support
the formalisation of artisanal mining.
References

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Introduction and Objectives
6.3. National objectives
6.3.1. Socio-economic context
While South Africa has made significant progress in addressing the discriminatory practices of apartheid
government, it is beset by socio-economic challenges which hinder it from realising its development agenda.
High on this agenda are the unemployment levels, which surpass most African countries23. The unemployment
rate reached a staggering 29% in the second quarter of 2019. The expanded unemployment rates (which include
discouraged job seekers) was reported to be 60%. To put this in numbers, 6.7 million South Africans of the
working age are unemployed. According to Statistics South Africa those affected by high levels of unemployment
include Black South Africans, people in rural areas, women, the uneducated, unskilled and semi-skilled ex-workers
and the youth. When disaggregating this percentage by education, it is found that 57% of the unemployed persons
have no matric qualification, which means that prospects of finding employment are minimal in the current labour

Research findings
markets that is unable to absorb graduates with tertiary education.

The situation in South Africa is expected to become worse which its demographic profile constituting an
overwhelming majority of the youth population. Since 1994, South Africa`s working-age population has increased
by 11 million people. In the next 50 years, it is forecasted to grow by another 9 million, peaking in 2065 at about
43.8 million working age individuals24. The next 20 years alone will see an average net increase in the working-
age population of about 280,000 people per year. As a share of the working-age population, the United Nations
(2013) projects that the peak of unemployment in South Africa will occur in 2045, when it will reach 68.3%24.

Building the case for AM in RSA


The World Employment and Social Outlook – Trends 2015 report provides a forecast of global unemployment
levels and explains the factors behind this trend, including continuing inequality and falling wage shares.
The report confirms that:
“[t]he employment situation has not improved much in sub-Saharan Africa, despite better economic growth
performance (than the developed world) until recently. In most of these countries (Sub-Saharan Africa),
underemployment and informal employment are expected to remain stubbornly high over the next five years.”

It thus not a great surprise that the question of work, and gainful employment as a proxy for socio-economic de-
velopment has become an ever-deepening fault line in South Africa. The prospects in South Africa are made less

Policy and strategic framework


appealing by the reduced performance of key economic sectors, which have been the backbone of the country’s
economy. In the first quarter of 2019, the country’s economy contracted by 3% with major economic sectors e.g.
mining, agriculture and manufacturing shrinking by between 8.8 and 13.2%26. The mining has been struggling to
return to its peak performance in the 1980s. During that period, the mining sector contributed 21% to Gross Do-
mestic Product (GDP). This has fallen significantly with GDP contribution reported at 8.3% and 7% during the peak
of the commodity cycles in 2008 and in 2016, respectively27.

The employment in the sector has also fallen from the peak in 1987 at 760 000 people employed. In 2008, on the
crest of the commodities cycle, there were 521 035 people employed in the South African mining industry. This
increased to 526 512 in the 2012, before falling every year to 2017. There were 56 368 fewer jobs in the mining
sector in 2017 than in 2008 and in 2018 the number employed in the sector is currently hovering around the 430
000 mark6. Both global pressures (e.g. low commodity prices, decreased demand, and waning investor confi-
dence) and internal challenges (e.g. labour markets volatilities, policy and regulatory uncertainty and inadequate
References

infrastructure) are attributed to the declining performance of the sector28.

In terms of its transformation agenda, the sector is still characterised by disparities with the minority still receiv-

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Introduction and Objectives
ing a large share of the benefits. While the Mineral Council South Africa (MCSA) has iterated the potential of the
mining industry to contribute to the national development agenda; the current performance of the industry in
terms of its contribution to GDP, employment and socio-economic transformation suggests otherwise.

While there is still optimism amongst government officials regarding the attainment of the NDP targets, the pros-
pects are dwindling with the deterioration of the socio-economic landscape in country. The challenges facing the
country need immediate attention. Artisanal mining is amongst the low hanging fruits that offer an employment
base for unemployed people across the country.

6.3.2. Policy objectives and the potential role of AM


One of the founding principles of the Constitution is the need to “improve the quality of lives of all citizens and free

Research findings
the potential of each person”29. To realise this mandate, government has developed various policy frameworks to
create conducive environment for economic growth and broad-based development. These frameworks included
the Reconstruction Development Programme (RDP) of 1995; the Growth, Employment and Redistribution (GEAR)
strategy of 1996; the Accelerated and Shared Growth Initiative of South Africa (ASGISA) of 2005; the New Growth
Path (NGP) of 2010; and the National Development Plan (NDP) of 2012.

The NDP aspires to eradicate poverty and inequality by 2030. Specifically, the primary milestones of the NDP
include: total elimination of the percentage of households earning below ZAR419 per person (in 2009 prices) and

Building the case for AM in RSA


reducing inequality as measured using the Gini coefficient from 0.69 to 0.630. This is to be attained by increasing
the employment base from 13 million in 2010 to 24 million in 2030 thereby raising the per capita income from
ZAR50, 000 to ZAR120, 000.

In addition, the NDP has declared numerous targets aimed at addressing the past disparities which continue to
restrict the country’s transformation agenda and broad-based socio-economic development. The priority areas
for the NDP include: economy and employment; economy infrastructure; environmental sustainability; integrated
and inclusive rural economy; positioning South Africa in the world; transforming human settlements; improving
education, training and innovation; promoting health; social protection; building safer communities; building a
capable and development state; fighting corruption; and transformation society and unity in the country.

Policy and strategic framework


Table 7 provides a description of the objectives of the NDP with direct links to the AM sector. Based on the results
of this research, the potential contribution of artisanal mining to the NDP is summarised in the table.
References

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


45
Introduction and Objectives
NDP OBJECTIVES MAIN ISSUES POTENTIAL ROLE OF AM
The key strategies include: the need sources threatening other livelihood
for a coordinated approach and strategies.
investment that take into account
climate change and environment
pressures, aligning the different
strategies under the NDP umbrella,
investment in consumer awareness,
education, green processes and
technologies, investment in
renewable energy technologies,
the development and marketing
of niche products and services,
collaborations with neighbouring
countries, technologies to reduce

Research findings
carbon emissions in line with
international targets, the development
of appropriate policy and legislative
frameworks to promote public
investment, strategies for small-scale
rural farmers and commercial farmers
to improve rural livelihoods.
3. Integrated and inclusive rural The impetus behind this theme is Majority of AM activities take place in
economy the need to provide economic and historical and current mining sites where
political opportunities for rural opportunities from large-scale mining have
communities. This is to be achieved declined. Most of these communities live
by: agricultural development, land in abject poverty with limited economic
reform and livelihood strategies, options. AM provides livelihood to

Building the case for AM in RSA


access to basic services, health care, vulnerable groups of the population. The
education and food security, land use sector is contributing towards building
planning and the role of the different resilient communities. AM activities
government departments. are also playing a role in “levelling the
playing field” by allowing disadvantaged
communities to participate and benefit from
mining activities. The sector is addressing
ownership disparities in the mining industry.
4. Improving education, training and The key aspects of this theme are: The research revealed the contribution of
innovation quality early childhood development, AM activities to education. A significant
basic education and higher education. portion of the income earned from artisanal
The following are also covered in mining is spent on education.
the chapter – the need for public
adult learning centres, sector
education and training authorities,

Policy and strategic framework


professional colleges and community
training Centres; and research and
development in universities, science
councils, department, NGOs and
private regarded as being critical to
increasing the competitiveness of
South Africa.
5. Social protection The objective of this chapter is to By providing source of income to the
ensure that no one lives below the unemployed population, AM is contributing
poverty line. The chapter deals with towards poverty alleviation enabling
issues pertaining to poverty, hunger, households to meet minimum dietary
and malnutrition. Social protection requirements. AM has improved standard of
seeks to find solutions to the many living of households with the high incomes
challenges facing vulnerable groups that are generated from the sector.
of our society and respond on their
needs for livelihoods. Some of the
key programmes include: protection
for the unemployed poor through
labour market policies, social grants,
References

household food security and nutrition


etc.

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Introduction and Objectives
7. Policy submissions and strategic framework

7.1. Current policy context and arguments


The legal context “covering” AM activities is provided by the primary mining legislation in South Africa, which
is the Minerals and Petroleum Resources Development Act (No. 28 of 2002). The MPRDA is supported by other
various legislative frameworks such as the National Environmental Management Act, the National Water Act, Mine
Health and Safety Act and others.

Section 3 of the MPRDA grants the custodianship of the country’s mineral resources to the state. It is the respon-
sibility of the state through the DMRE to grant authorisations contemplated in MPRDA, including prospecting
rights, mining rights, mining permits, and environmental authorisations. Essentially, the MPRDA prohibits the re-

Research findings
moval of minerals and/or mining operations without applying for and obtaining the mining license. In the interpre-
tation of the Act, it means that anyone wishing to mine must apply for a mining license and be granted permission
within the provisions of the MPRDA to commence working. Failure to do so would result in the mining operation
being illegal and subject to prohibition.

There are different types of mining licenses as noted above. For mining activities specifically, one must be in
possession of either a mining right or mining permit. The two licenses allow one to exploit a mineral deposit. The
major difference between the two is the scale of operation, which in turn forms the basis of legal requirements

Building the case for AM in RSA


and provisions subjected to each type of license. Mining rights are granted for areas exceeding five hectares and
are valid for 30 years. On the other hand, mining permits are issued for areas not exceeding 5 hectares and are
valid for a durable of 3 years. Based on the characteristics of LSM and ASM, one can conclude that mining rights
are developed for LSM operations, while mining permits are for ASM operations. This is not explicitly stated in the
law; however, mining permits are promoted as being suitable for ASM operations.

The issuing of mining permits is covered in section 27 of the MPRDA. The requirements for granting a mining
permit include: proof of financial and technical ability, public consultation report, and Environment Management
Authorisation which include the submission of an Environmental Management Plan report (EMPr). The first
component included evidence of skills and training to mine as well as money to afford the mining operation. The

Policy and strategic framework


applicant is required to consult interested and affected parties and submit a report to the department. The last
component includes compiling an EMPr which should encompass an environmental impact assessment, mitiga-
tion measures, rehabilitation and closure plans and financial provisions towards meeting the requirements of the
law. The law requires that this document be compiled by an Environmental Assessment Practitioner (EMP) who
are qualified. The cost of an EMPr for mining permit varies depending on the scale of operation, type of minerals
being mined and the envisaged environmental impacts.

Some of the contentions regarding the suitability of mining permits to accommodate artisanal miners and ad-
vance the sector include:
• The potential of the ASM sector in South Africa was first recognised by the Reconstruction and Development
Programme (RDP) and as a result was part of the post-1994 Minerals and Mining Policy for South Africa. The
policy encouraged government to “facilitate the sustainable development of small-scale mining in order to en-
sure the optimal exploitation of small mineral deposits and to enable this sector to make a positive contribu-
References

tion to the national economy”31. To achieve this, the policy identified key areas in the sector as: mineral rights
access; access to finance and technology; regulation and administration; and environmental management.

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Introduction and Objectives
• MPRDA failed to embrace the potential role of AM in the transformation agenda of the mining industry, and
broadly its contribution to local and national development priorities32.
• While the MPRDA does not exclude anyone from applying for a mining license, the requirements of the Act
automatically place aspirant artisanal miners on the periphery of legislation. This is because the majority of
the miners come from poor backgrounds having been pushed into AM by unemployment and poverty. On entry
into the sector, the majority of the miners do not afford the financial requirements needed to obtain mining
permits33.
• It has been argued that AM operators are catered for in the “provisions of the mining permit” because they are
less onerous and hence affordable compared to mining rights. In practice, it is clear that the requirements of
mining permits accommodate only a few in the sector – mostly those in the upper-end of the spectrum which
means to meet the requirements. These are “small-scale operators” who are entrepreneurs. It has been found

Research findings
that the majority of mining permit holders are well-resourced entrepreneurs and business people taking advan-
tage of the “less onerous” requirements wishing to enter the mining industry as quick as possible. Because of
the “affordable” requirements of the permits and the time it takes for the department of issue these licenses,
most these well-resourced entrepreneurs opt for multiple mining permits instead of mining rights34,35.
• The main financial obstacles associated with obtaining mining permits encompassed two components, that
is the fees requirement to pay consultants to compile the EMPr and the financial provisions for rehabilitation
required before the application can be granted. As mentioned, the cost of rehabilitation differs per operation. It
is reported that is can range from ZAR10,000 to more than ZAR100,000.

Building the case for AM in RSA


• The other criticisms directed to mining permits relate to inadequate consideration of the technical and oper-
ational aspects of the sector, which have also been found to impede the few who managed to access mining
licences. These factors include duration and validity of operations, area extent allocated to sector’s activities,
safety, health and environment requirements.

Broadly, this research is coming from the perspective that while mining permits may have been designed for dis-
advantaged South Africans; they seem to be ‘missing’ the target population. The majority of the population living
below the poverty line cannot access these licenses. With the proliferation of AM activities, there is very little likeli-
hood that miners will comply with current regulations and operate legally.

Policy and strategic framework


It is important to note that in the case of Kimberley where artisanal miners were granted mining licenses, the
involved state departments paid the costs of application. Essentially, most of the artisanal miners that are in
possession of mining licenses received some assistance from industry stakeholders. Without appropriate legal
requirements and assistance programmes, the majority of the miners would not be able to secure licenses. Unfor-
tunately, the “milestone” achieved in Kimberley has not served as precedence to exploring appropriate strategies
for supporting the regularising of the AM sector. The current struggle is that until an appropriate strategic frame-
work is developed for the sector, most AM activities will remain outside the law.

7.2. Recommendations for a strategic framework for AM in South Africa


The recommendations for a strategic for AM in South Africa, presented take into consideration the results of the
research work carried out as part of this project as well as an understanding of the good practices observed on
the African continent and elsewhere in the world where AM exists. The research presented in the preceding sec-
tions, looked at the current situation of the AM sector in South Africa using a case study approach and enhanced
References

by a participatory appraisal approach.

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


48
Introduction and Objectives
The baseline survey findings indicated the following key considerations:
• The demographics of AM;
• Socio-economic status of the miners;
• Livelihood positions;
• AM multipliers and linkages; and
• Job satisfaction and aspirations.

The participatory appraisal considered the perspectives and experiences of the central actors in AM, which is the
miners, CBOs, and CSOs from mining-affected communities on topics considered crucial for the debate on ad-
dressing the challenges of AM sector in South Africa. There were guided focus group discussions on these topics;
optimal regulation, fair access to resources, managing negative impacts, and ensuring sustainability (see illustra-

Research findings
tion in Figure 29): What has emerged from the research is the need to:
• Consider AM as livelihood opportunity and avenue for job creation for impoverished mining communities;
• Recognise the sector, and appropriately and unambiguously reflect it in the policy and legislative frameworks;
• Have processes and platforms for good governance where inclusiveness and transparency in decision making
is fostered; and
• Generate further evidence to better to understand the issues

This is the premise on which recommendations for a Strategic framework for AM in South Africa are presented.

Building the case for AM in RSA


Policy and strategic framework
References

Figure 29: An illustration of what should be considered in the debate on developing


a Strategic Framework for AM

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


49
Introduction and Objectives
Key element Status/challenges in South Good practice actions
Africa recommended
1 • Mineral development

• Plethora of complicated • Review all relevant legal


regulations and procedures instruments (including mining,
• Unclear permitting category, environmental management,
using unclear language land use planning, labour
• No distinction between artisanal conditions and occupational
mining and small-scale mining health and safety, gender and
• Onerous and costly obligations social inclusion, regional and
• The short validity and restrictions international protocols)
on license areas do not allow for • Must unambiguously provide for
efficient extraction ASM license categories, which
• Makes co-habitation impossible clearly addresses the issue that

Research findings
without exceptions there is a continuum of mining
• Too much focus of high value activities from artisanal to small-
commodities like gold, diamonds, scale; the rights and obligations
platinum etc. and not enough must reflect the categorisation
attention of industrial minerals • License category to be workable
and construction materials and allow for efficient use of
• State obligations to support the resources
AM development are not clearly • Provide a regulatory framework
spelt out with innovative approaches to
• Criminalisation of the sector support compliance such as AM
is the current attitude with designated areas
no proper recognition of the • Provide for a regulatory
opportunity for livelihood support framework that allows for co-
and contribution to economic habitation with LSM

Building the case for AM in RSA


development of the country • Obligations and rights must cater
through employment creation, for all minerals exploited by AM
contribution to the fiscus etc. • Legal framework to clearly spell
• No provisions to facilitate out the obligations of the state to
alignment with land use planning support AM development
• No clear indication of effort to • State to address issues of
support compliance criminality and provide a clear
• Unfair/unclear legal sanctions and fair sanctions
against informal mining leading • Ensure alignment with
to abuse and exploitation international and regional
• No clear indication of efforts to protocols like the Minimata
align gender and social inclusion Convention on mercury pollution,
policy with the AM policy position the AMV etc.
• No clear indication of compliance
with regional protocols like the

Policy and strategic framework


AMV

1.2 Sector organisation AM sector not organised into formal • Government to support AM
structures sector organisations by giving
Lack of regional associations makes them legitimacy through
it difficult for other stakeholders to structured engagement, in the
interface with the sector same way they do with the LSM
through MCSA and SAMDA for
junior mining companies.
• Government to be more inclusive
of the players in AM in policy
formulation processes
References

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


50
Introduction and Objectives
Key element Status/challenges in South Good practice actions
Africa recommended
1.3 Technical assistance Many challenges related to inefficient • Involve AM actors in the develop-
operations. This is largely due to ment of SETA skill programmes
limited knowledge and skills. • Provide more resources for
research into innovative ap-
The current skills provision through proaches for more efficient AM
the SETAs does not appear to reach operations.
AM • Provide coordinated direct tech-
nical support to the sector from
The SSM Fund, the current technical the perspective of the “Golden
assistance programme run by DMRE triangle”37
is not functional and is currently not • Review the SSM Fund structure
structured to benefit AM but rather and eligibility requirements to
already resourced operations on the make it more accessible to AM.

Research findings
SSM end of the ASM spectrum The Fund must be open to all the
activities of the AM value chain.
• Leverage the SSM Fund for more
support from other stakehold-
ers like LSM and development
agencies
1.4 Linkages • AM production is taken as • Position AM as business that
feedstock for other industries not could also provide opportunities
necessarily SMMEs for all linkages (upstream, down-
• Little consideration of the stream and side stream) Ensure
opportunity for mineral linkages that the AM sector is considered
in the AM sector particularly at a in the Integrated Development
local level Plans at local municipalities level,

Building the case for AM in RSA


• The opportunities for creating including in local supply chain
human capital through AM development to meet the needs
of LSM
• Consider setting up beneficiation
and value addition hubs in AM
producing areas

1.5 Fiscal regime • The prevalence of middlemen • The fiscal regime should provide
particularly in precious minerals incentives for compliance, e.g.
like gold and diamonds mean technical support for entities that
that there are substantial govern- are paying taxes and levies
ment revenue losses • Innovative ways to capture gov-
• The AM sector is expected to ernment revenues e.g. through
pay the same levels of mineral exporter taxes for high value
royalties as LSM and this may minerals being exported

Policy and strategic framework


be pushing operators to dispose
of their minerals through illegal
channels
2 Environment, Health and Safety

2.1 Relevant institutions • Most AMs operating without • Provide frameworks that make it
EMPs easier to comply e.g. aggregated
• Poor practices mean that EIAs and EMP in AM designated
AM operations have negative areas, support from partner LSM
impacts on the environment, operations through formalisation
release of mercury and cyanide of “informal” activities where
into the environment, voids that amenable
are not backfilled, indiscriminate • Provide for incentives to comply,
disposal of waste e.g. technical support for those
• There appears to be little complying
enforcement of environmental • Capacity building interventions
standards with relevant SETAs
• Most AM do not have the • Formalise existing AMs where
capacity (skills and capital) for possible
References

good environmental practices • Must provide for innovative solu-


• Due to poor mining and tions to aid affordable compli-
processing methods there is a ance with SHE and other related
waste of natural resources requirements

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


51
Introduction and Objectives
Key element Status/challenges in South Good practice actions
Africa recommended
2.1 • Informal AM encroaching on LSM
property are not able to have
EMPs therefore are not able to
remediate the impacts of their
mining activities, and LSM are
left with the liability
2.2 Occupational health and safety (OHS) • OHS problems are prevalent • Provide regulatory frameworks
• The informality of the sector that support compliance, e.g.
makes it vulnerable to poor OHS education, incentives and
practices, difficult for authorities disincentives
to enforce the regulations • Structure provisions appropriate
• The structure of the OHS for AM level, e.g. AM designated

Research findings
provisions is geared towards areas which are easier to inspect
LSM making it difficult for AM to • Formalise existing AM activities
comply where amenable
• Ignorance of the health impacts
of mining is prevalent
• Most miners lack of knowledge
and skills of good practices
• No clear indication of effort to
support compliance

3 Social impacts

3.1 Gender equality • Gender equality continues to be • Formalisation where possible

Building the case for AM in RSA


illusive will enable AM operations to
• Women face discrimination even participate in gender equality
from fellow male AMs programmes and interventions
• Gender-based violence • Involve women in all decision
perpetuated by other male AMs making and policymaking
and authorities is reported processes
• Women are targeted for sexual • Implement affirmative action
favours, and theft of minerals interventions for women miners
• Provision of the needs of women and women-owned operations
is poor due to the informal nature • Develop and implement AM
of the operations appropriate ways for the needs
• Women in AM are unable to of women to be provided (e.g.
participate and benefit from ablution facilities, PPE, child-care
government-driven gender etc.)
equality programmes being
implemented in LSM because

Policy and strategic framework


of the informal nature of the AM
operations
3.2 Vulnerable people and child labour • The informal nature of AM means • Formalisation where possible
that vulnerable persons (such will enable AM operations to
women, children, youth, LGBTTQ) participate in programmes and
are at particular risk from the interventions that protects the
negative impacts of mining and rights of vulnerable persons
miss out on the benefits • Awareness raising and
• Those with illnesses such HIV/ education campaigns should be
AIDS do not get the support they implemented
need • Enforcement from relevant
• The involvement of children in authorities through inspections
AM in South Africa is still an etc
issue
Illegality-legal construct • The presence of a continuum of Clearly distinguish between crimi-
criminality-informality-formality nality (illegal mining that is strongly
that is difficult to categorise, associated criminal syndicates with a
hence there are no appropriate regional-global reach) and informality
distinguishable responses from (i.e. poor people eking a living with no
References

authorities appropriate permits) and develop and


implement clear appropriate respons-
es. The later should be a targeted with
formalisation interventions

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


52
Introduction and Objectives
Key element Status/challenges in South Good practice actions
Africa recommended
4 Institutional arrangements

4.1 Relevant institutions • Many institutions and • The DMRE as the principal insti-
stakeholders in South Africa tution mandated with manage-
play a role in AM administration, ment of the mining sector should
it appears that they are not play a coordinating role clearly
coordinated in how they deal with spell out the role of each stake-
AM holder
• DMRE is the principal entity • A one-stop shop should be con-
that has the mandate for sidered to make it easier for the
managing the sector and it has AM sector to interface with the
an SSM Directorate as part of different stakeholders
its organisational structure, with • Decentralise administration of

Research findings
regional representation the AM sector and involve local
• Permitting controlled by central government more
government with limited role for
local government
• The next most relevant
institutions are the DEA, DTI,
DoL, Department of Health, Local
government, Department of Land
Affairs, Department of Education,
Police
• Also, of importance to AM are the
following SALGA, MQA, MCSA,
Labour unions, CSO, CBOs and
development agencies

Building the case for AM in RSA


4.2 Implementation plan • Currently there is no coherent • The AM Strategic framework
plan for managing AM that should ultimately lead to an
has been communicated by AM policy document with an
the authority mandated with implementation plan (refer to
management of the sector Figure 29)
• What exists is a plethora of • The AM policy document should
initiatives that appear to be have clear objectives and an
disjointed efforts implementation plan with clear
targets, roles and responsibilities
• The implementation plan should
be responsive to the changeable
nature of the AM sector and be
reviewed on a regular basis
Monitoring and evaluation (M&E) Since there appears to be no coherent • The implementation plan should

Policy and strategic framework


implementation plan for the manage- be responsive to the changeable
ment of AM there is no M&E evident nature of the AM sector
anywhere

7.3. Guiding process for the development of AM policy


Figure 29 illustrates a process framework that South Africa can adopt to guide the development of the AM policy
framework. The key elements of the process are:
• Understanding the challenges;
• Identifying key actors and potential roles;
• Formulating a collective agenda; and
• Developing an implementation plan.
References

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


53
Introduction and Objectives
7.3. Guiding process for the development of AM policy
Figure 29 illustrates a process framework that South Africa can adopt to guide the development of the AM policy
framework. The key elements of the process are:
• Understanding the challenges;
• Identifying key actors and potential roles;
• Formulating a collective agenda; and
• Developing an implementation plan.

Identifying Formulating a
key actors and Collective Implementation
Understanding
agenda plan

Research findings
the key challenges potential roles

Review current regime and national Championed at the highest political Consultative process with tradeoffs Stakeholder engagement
priorities level
Theory of change In-depth analysis of the issues
Geopolitics and political economy Coordinated by the ministry Gap analysis against good practice
of mineral resource extraction responsible for mineral reosurces Transformation of the sector
Understanding the key constraints
Social dynamics Inclusive of all stakeholders with
women and vulnerable groups Formulating solutions

Policy drafting

Implementation of policy including


M&E

Building the case for AM in RSA


Figure 29: An illustration of a process to develop an ASM policy which could be adapted to the South African
situation36

Understanding the challenges


This component should be underpinned by evidence-based research and robust context analysis of the sector.
The following analysis can be conducted: scoping assessment to provide a landscape of the sector’s activities,
review of current policy and legislative environment, assessment of past and current government interventions,
technical assessments, social and environmental impact assessments, political economy assessments and value
chain analysis. It is important to generate data to inform the development of the AM policy and interventions.

Policy and strategic framework


Identifying key actors and potential roles
The integration of the AM sector into the mining industry and the realisation of its potential will require
collaboration of different stakeholders at various levels. This process must be championed at the highest
political level and coordinated by the DMRE. It is important that all stakeholders that interface (both directly and
indirectly) with AM activities be identified to contribute to the development of the AM policy framework. The group
of stakeholders must include vulnerable groups of the society. As part of this, the roles and responsibilities of
various stakeholders must be clearly defined. The outcome of this component could be the establishment of an
AM taskforce, which will be given the responsibility to lead and coordinate the development of the AM policy.
• Formulating a collective agenda for AM
• The outcome of this component should be Vision that best describes the AM sector in the country which all
stakeholders support. Continuous engagements and consultations is paramount to arrive at a point where
there is common ground between various industry stakeholders.
References

• Developing an implementation plan


The overarching goal of the implementation plan is to translate the strategic objectives into practical and imple-
mentable activities. The implementation plan must communicate the issues facing the sector, proposed solutions

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


54
Introduction and Objectives
and interventions, key constraints, stakeholders support and engagement, and timelines with clear milestones for
all activities. The plan should also include a Monitoring and Evaluation (M&E) framework.

Research findings
Building the case for AM in RSA
Policy and strategic framework
References

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


55
Introduction and Objectives
8. References

1. Ledwaba, P. and Mutemeri, N. (2017). Preliminary study on artisanal and small-scale mining in South Africa.
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Research findings
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10. Dreschler, B. (2001). Small scale mining and sustainable development within SADC region. Minerals Mining
and Sustainable Development (MMDS). Report no. 84.

Building the case for AM in RSA


11. Hilson, G. and Osei, L. (2014). Tackling Youth Unemployment in Sub-Saharan Africa: Is there a role for
Artisanal and Small-Scale Mining? Futures. Vol. 62, Part A. October 2014.
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Policy and strategic framework


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Network, United Nations Development Programme (UNDP), and World Economic Forum. (2016). Mapping
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ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


IX
Introduction and Objectives
8. References

1. Ledwaba, P. and Mutemeri, N. (2017). Preliminary study on artisanal and small-scale mining in South Africa.
2. Government Gazette. (2018). Broad-Based Socio-Economic Empowerment Charter for the Mining and
Minerals Industry, 2018. 27 September 2018.
3. Republic of South Africa. (2002). Mineral and Petroleum Resources Development Act (No. 28) of 2002.
4. Department of Mineral Resources (DMR). (2014). B1/2012 Statistical Tables.
5. Mineral Council South Africa. (2018). Facts and figures 2017. September 2018.
6. Statistics South Africa. (2019). Quarterly Labour Force. P0211 Statistical Release. Q4: 2018. 19 February
2019.
7. South African Human Rights Commission (SAHRC). (2015). Report of the SAHRC Investigative Hearings.

Research findings
Issues and challenges in relation to unregulated artisanal underground and surface mining activities in South
Africa.
8. South African Government. (Not dated). Old-age pension. Available: https://www.gov.za/services/social-
benefits-retirement-and-old-age/old-age-pension. [Accessed: 14 August 2018]
9. Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF). (2017). Global
Trends in Artisanal and Small-Scale Mining (ASM): A review of key numbers and issues. Winnipeg: IISD.
10. Dreschler, B. (2001). Small scale mining and sustainable development within SADC region. Minerals Mining
and Sustainable Development (MMDS). Report no. 84.

Building the case for AM in RSA


11. Hilson, G. and Osei, L. (2014). Tackling Youth Unemployment in Sub-Saharan Africa: Is there a role for
Artisanal and Small-Scale Mining? Futures. Vol. 62, Part A. October 2014.
12. South African Government. (Not dated). Expanded Public Works Programme. Available: https://www.gov.
za/about-government/government-programmes/expanded-public-works-programme. [Accessed: 14 August
2019]
13. National Treasury. (2016). A National Minimum Wage for South Africa. Recommendations on Policy and
Implementation. National Minimum Wage Panel Report to the Deputy President.
14. Department of Planning, Monitoring and Evaluation (DPME). (2016). Development Indicators 2016.
15. Mineral Council South Africa. (2019). Illegal mining. Fact sheet.
16. United Nations. (Not dated). Sustainable Development Goals. Available: https://sustainabledevelopment.

Policy and strategic framework


un.org/?menu=1300. [Accessed: 02 August 2019]
17. Columbia Center on Sustainable Development (CCSD), United Nation Sustainable Development Solutions
Network, United Nations Development Programme (UNDP), and World Economic Forum. (2016). Mapping
Mining to the Sustainable Development Goals: An Atlas.
18. Programme on Women’s Economic, Social and Cultural Rights (PWESCR). (2015). Human Rights for All.
International Covenant on Economic, Social and Cultural Rights. A handbook. August 2015.
19. United Nations Economic Commission for Africa (UNECA) and African Union. (2009). African Mining Vision
Africa. African Union and Economic Commission of Africa, Addis Ababa.
20. Oxfam. (2017). From Aspiration to Reality. Unpacking the African Mining Vision. Oxfam Briefing Paper. March
2017.
21. World Bank. (2019). 2019 State of the Artisanal and Small-Scale Mining Sector. Washington, D.C.: World Bank.
22. Mutagwaba, W., Tindyebwa, J.B., Makanta, V., Kabullegu, D., and Maeda, G. (2018). Artisanal and small-scale
mining in Tanzania – Evidence to inform an ‘action dialogue’. IIED research report, IIED, London.
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23. Nonyana, J.Z. and Njuho, P.M. (2018). Modelling the length of time spent in an unemployment state in South
Africa. South African Journal of Science. Vol. 114, No. 11/12. November/December 2018.
24. Business Tech. (2015). South Africa unemployment is worse now than at the end of apartheid. Available:

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https://businesstech.co.za/news/government/95983/south-africa-unemployment-is-worse-now-than-at-the-
end-of-apartheid/. [Accessed: 23 January 2019].
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ber 2015.
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ment: The Presidency. Republic of South Africa.
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Research findings
ca. Pretoria. October 1998.
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South Africa. Resource Policy. Vol. 56. June 2018.
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36. Mutemeri, N., Singo, P., and Ncube, M. (2018). Artisanal and Small-scale Mining Policy Guidance for the
Country Mining Vision. Available: UNECA-AMDC. http://repository.uneca.org/bitstream/handle/10855/24425/
b1189538x.pdf?sequence=1
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Africa. African Union and Economic Commission of Africa, Addis Ababa.
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2017.
40. World Bank. (2019). 2019 State of the Artisanal and Small-Scale Mining Sector. Washington, D.C.: World Bank

Policy and strategic framework


41. Mutagwaba, W., Tindyebwa, J.B., Makanta, V., Kabullegu, D., and Maeda, G. (2018). Artisanal and small-scale
mining in Tanzania – Evidence to inform an ‘action dialogue’. IIED research report, IIED, London.
42. Nonyana, J.Z. and Njuho, P.M. (2018). Modelling the length of time spent in an unemploy
References

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT


XI
Introduction and Objectives
Research findings
Building the case for AM in RSA
Thank You
T h e r e s e a r c h w a s f u n d e d b y O p e n S o c i e t y Fo u n d a t i o n f o r S o u t h A f -
rica and commissioned by ActionAid South Africa and University of

Policy and strategic framework


t h e W i t w a t e r s r a n d w i t h t h e a s s i s t a n c e b y M i n i n g A f fe c t e d C o m m u n i -
t i e s U n i t e d i n A c t i o n ( M A C UA ) .

References

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Introduction and Objectives
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Building the case for AM in RSA
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Fa x : + 2 7 ( 0 ) 1 1 4 9 2 0 6 6 7

ARTISANAL MINING IN SOUTH AFRICA ANNUAL REPORT 4

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