Acid mine outrage: How South African communities are affected by government

and industry neglect

By Andrea Zeelie

Acid mine drainage (AMD) refers to the mixing of water with toxic chemicals such as
those present in heavy metals, sulphates, and radioactive uranium, which leak from
abandoned mine sites into dolomitic areas underground. The contaminated water
penetrates ground water sources, which in turn leach into surface water sources. This
can degrade water quality to the point that it is unfit for human and animal consumption
or crop irrigation. Ingestion of this toxic acid water is related to increased health risks,
such as cancers.

Such pollution represents arguably the most mismanaged environmental disaster South
Africa has ever witnessed. Scientists and environmentalists have battled for action since
1996, when they first became aware of potential damage. The eastern, central, and
west basins of the Witswatersrand are polluted, immediately affecting residents living in
half-a-dozen surrounding communities.

Government action with regards to this disaster has been varied, lethargic and
confusing: any response involves five departments, each with divergent interests. In an
ideal world, industry would pay to clean up the devastating amount of AMD within South
Africa, under government oversight. However, extreme government inaction has led to
little payments and even less accountability.

Severely delayed action undoubtedly lies in the relationship between government and
the mining industry. South African mines were previously operated by a cohort known
as the Big Six, which included Anglo American/De Beers; Gencor/Billiton; Gold Fields;
JCI; Anglovaal; and Rand Mines. Together, they controlled more than half of the
country’s economy. Their dominance waned, however, when former president Thabo
Mbeki came to power: the focused shifted towards black economic empowerment, or
BEE, ushering in a new wave of players comfortably connected to both the business
and political elite. This second cohort could have imposed much-needed worker and
environmental protections, neutralizing errors caused by their predecessors. Instead,
they used their political connectedness to amass personal wealth; legitimate
expectations from the country’s electorate concerning accountability, transparency and
governance failed to materialize.

A third cohort followed, with the country’s current mining elite politically allied to the
Jacob Zuma administration. One need only look to the pedigree of some of the
country’s most prominent mining directors to become suspicious of an all-too-
comfortable link: Aurora Gold, for example, is owned and operated by Zondwa Mandela,
Nelson Mandela’s grandson, and Khulubuse Zuma, President Zuma’s cousin. Both
were recently charged for failure to treat contaminated water for months, as
management had failed to supply the necessary chemicals. The charge only occurred,
however, following a barrage of bad press surrounding unpaid salaries and the death of
three mineworkers. While the Water Affairs Minister Buyelwa Sonjica informed the
National Assembly on 19 May 2010 that prosecutions of the two directors could go
ahead, skepticism remains on whether government will ultimately prosecute “family”.

Throughout the Mbeki and Zuma administrations, the lines between global mining
consortiums, government, and black business have become increasingly blurred.
Where acid mine drainage is concerned, governing documents such as the National
Water Act, the Mine and Safety Act, the National Environmental Management Act, and
the Constitution of the Republic of South Africa are being chronically undermined by
industry’s ties to government. As a result of the country’s post-democracy neo-liberal
economic policies, continued dependence on natural resource extraction, and little
distinction between the regulators and the regulated, the rights of South Africans and of
the environment have become secondary to that of government officials’ prominence
and payrolls.

As it stands, only short terms solutions to acid mine drainage – if any at all – have been
implemented. A Remediation Action Plan of the Wonderfonteinspruit Catchment Area
was constructed by the government, mining companies, and civil society organisations.
Since being published in the beginning of 2009, however, no remedial action has been
seen.

A long-term solution is costly, with no one willing to accept the price tag. The ‘polluter
pays’ principles applies, but with high turnover in mining management, the original
offenders are often no longer present, making culpability difficult. Remediation therefore
becomes the government’s problem. Given that the government refuses to accept
ultimate responsibility, action is deferred, with responsibility and consequences being
placed on citizens.

However, activists and advocates are hopeful that strides may have finally been made,
14 years after the battle for action and accountability began. Earlier this month, criminal
charges were laid against three cabinet ministers for their failure to act upon the
continued pollution of the natural environment. The Agricultural Union of South Africa
contends that by failing to address the severity of AMD, the ministers have failed to
comply with the National Water Act. While Water Affairs Minister Sonjica did earmark
R7 million ($887,000) for cleanup efforts, this is insufficient to treat contaminated water
for even one month. The money has also yet to materialize.

What is required now is the continued exposure of the environmental damage, and
prominent shaming of violators in the press and in public forums such as parliament, to
galvanize the mines and government into action. Custodian organizations like the
Agricultural Union of South Africa and the Federation for Environmental Sustainability
must increasingly hold the government accountable, on behalf of all citizens.
Andrea Zeelie is pursuing her Masters in Public Health in Health Economics at the
University of Cape Town. The focus of her dissertation is the political economy of acid
mine drainage in South Africa.