Professional Documents
Culture Documents
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
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:
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.
Africa, to inform political and public discourses and allow for proper engagements between the stakeholders on the
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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
• To assess the impact of artisanal mining on the miners themselves, their families as well as those who are
• To develop a strategic framework to support the regularisation of informal AM in South Africa considering ground-
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
solutions for consideration in the strategic framework for the sector. The workshop was attended by a total of 75
participants
References
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
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The majority of the respondents are aged between 30 and 39 years. The youth accounted 38% and
Foreign nationals accounted 29% of the total sample. The majority of foreign nationals are engaged in gold
The Lesotho nationals accounted 54%, while respondents from Mozambique and Zimbabwe accounted
combined 40%.
Over 80% of the respondents are breadwinners at home and 91% have dependents. About 30% of the
The majority of respondents (80%) are working as artisanal miners fulltime. AM is the only source of income
domestic workers.
The majority of the respondents (71%) have no prior experience in mining. Only 29% of the respondents have
The majority of the participants (over 80%) consider AM to be a proper job and are happy working as artisanal
miners.
References
possible solutions for consideration in the strategic framework for the AM sector. The main challenges in the sector are:
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
• 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
include dust emissions, the use of mercury leading to air and water pollution, and land degradation.
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
• Gender inequality
Gender issues cut across all the challenges in the sector. The following issues were highlighted by the miners: there
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
• 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.
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
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.
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
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.
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
• 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
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.
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-
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
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
• 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.
• 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
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
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
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
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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
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 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,
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
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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.
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
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.
Executive Summary iv
List of figures xv
List of tables xv
2. Contextual background 3
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3. Why evidence-based study? 5
5. Research findings 11
5.3 Conclusions 49
8.References 75
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Figure 7: Marital status of the respondents 16
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Table 7: NDP objectives and potential role of artisanal mining 61
South Africa 68
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
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
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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
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
(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
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
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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
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.
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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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
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
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.
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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).
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
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:
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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
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
References
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
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
Figure 2: The miners administering baseline surveys in Kimberley, Northern Cape References
This section presents main results from two sources, namely: baseline surveys and the workshop participatory
appraisal through focus group discussions.
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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.
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
45%
40%
35%
30%
25%
20%
15%
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10%
5%
0%
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90%
80%
70%
60%
50%
40%
30%
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20%
10%
0%
80%
70%
60%
50%
40%
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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
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%
60%
50%
40%
30%
20%
10%
0%
70%
60%
50%
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40%
30%
20%
10%
0%
90%
80%
70%
60%
50%
40%
30%
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20%
10%
0%
Kimberley Vlakfontein Carletonville
70%
60%
50%
40%
30%
20%
10%
0%
None Between Between Between 10 and Not disclosed
References
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Building the case for AM in RSA
Policy and strategic framework
Figure 11: Campsite in Kimberley, Northern Cape
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.
70%
60%
50%
40%
30%
20%
10%
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0%
80%
70%
50%
40%
30%
20%
10%
0%
100%
90%
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80%
70%
60%
50%
40%
30%
10%
0%
Limited jobs High income Quick income Others
100%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Kimberley Vlakfontein Carltonville
References
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.
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100%
90%
80%
70%
60%
50%
40%
20%
10%
0%
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
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ZAR1,000 and ZAR2,000. Of the respondents, 16% chose not to answer the question.
40%
35%
30%
25%
20%
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
The results for those that reported to have made more than ZAR10,000 are captured in figure 23 below. One
40%
35%
30%
25%
20%
15%
10%
5%
0%
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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
60%
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50%
40%
30%
20%
10%
0%
45%
40%
35%
30%
25%
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
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.
Spending patterns
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.
Research findings
No
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No
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No
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No
boosted local businesses.
In the case of Vlakfontein,
only 24% of the respondents
answered yes. operations.
References
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.
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.
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.
3. Environment
• No environmental impact assessments done.
• No control of air pollution and dust emissions.
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.
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.
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
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;
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.
the mining sector and Encouraging cooperatives could also facilitate integration Private sector, LSM
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-
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-
training Capacity building in health and environment to support compliance Private sector, public sector, AM
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.
resources (and land) assets for exploitation at AM. This could be orebodies that are sub-
allocated to AM activities.
Access to finance Engage local and international institutions to understand the Social movement funders
Communication resources Use of social media and social media networks to advocate ASM, LSM, Funding institutions
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,
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,
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safety related matters – standards, procedures and practice. Department of Health, Police (SAPS), miners
Non-South Africans
dumps Environmental Development of SMMEs, cooperatives and AM groups to con- DTI, DMRE, Mineral Council of South Africa,
(EMP)
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
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.
Policies, NEMA
Land Government, municipalities, mine owners Land Affairs, DEA, LED, Communities
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
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
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.
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
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,
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
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
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
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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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).
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
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
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
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
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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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.
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.
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
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
In terms of its transformation agenda, the sector is still characterised by disparities with the minority still receiv-
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.
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
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.
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
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
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
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.
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.
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.
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.
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
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
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,
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
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
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
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
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
Research findings
Building the case for AM in RSA
Policy and strategic framework
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.
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.
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:
Research findings
ca. Pretoria. October 1998.
32. Ledwaba, P. and Mutemeri, N. (2018). Institutional gaps and challenges in artisanal and small-scale mining in
South Africa. Resource Policy. Vol. 56. June 2018.
33. Ledwaba, P. (2017). The status of artisanal and small-scale mining sector in South Africa: tracking progress.
Journal of the Southern African Institute of Mining and Metallurgy. Vol. 117. January 2017.
34. Ledwaba, P. and Nhlengetwa, K. (2016). When policy is not enough: prospects and challenges of artisanal
and small-scale mining in South Africa. Journal of Sustainable Development Law and Policy. Vol. 7, No. 1.
35. Legal Resources Centre (LRC). (2016). Artisanal mining report.
References
XII
Introduction and Objectives
Research findings
Building the case for AM in RSA
Policy and strategic framework
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