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Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

Notices

Artisanal and Small-Scale Mining Policy, 2022

Chapter ll

5. Comparative Study Recommendations

 

In 2019 the Department undertook a comparative study of selected African ASM jurisdictions in Kenya, Ghana and Zambia. A standard questionnaire was developed and circulated to the respective Ministries' prior to each comparative study, to enable preparations and access to relevant information. The comparative study culminated into a report which was approved by Minister in March 2020.

 

In summary, this comparative study report recommended that the Department, in developing a dedicated policy and legislative framework for the South African ASM industry, should adopt aspects of the policy and legal framework of other jurisdictions (Kenya, Zambia and Ghana) which are not currently catered for in the MPRDA. These aspects inClude the following:

 

(a) Reservation of ASMpermits for locals: in all the three jurisdictions ASM permits are reserved for locals. The dedicated policy framework should explore the possibility of introducing this requirement, considering the South African historical context of involvement of miners from neighbouring countries, in both legal and illegal operations.

 

(b) Definition of concepts: Artisanal Mining to be defined separately from Small Scale Mining, as is the case in Zambia.

 

(c) Graduation provisions: the policy and legislative framework to include clear graduation provisions from Artisanal Mining to Small Scale Mining and from Small Scale Mining to LSM.

 

(d) Co-existence between ASM miners and LSM: the policy and legislative framework to be clear about the relationship between ASM miners and LSM operations. LSM to be enabled by the law to allocate portions of the granted mining area to ASM operators, sign Tributing Agreements (TA's) to govern the relationship and co-existence.

 

(e) Transferability and encumbrance: considerations to revisit the limitation on the transferability of mining permits and adopt a Ghana like model where transfer is permissible with Ministers consent and to Ghanaian' citizens or other eligible ASM operators.

 

(f) Designation of areas for the ASM industry: Minister should be empowered by legislation to reserve areas for the ASM industry. This can be done in collaboration with the Council of Geoscience (CGS), Mine Health and Safety Council (MHSC) and the Department of Environment ,Forestry and Fisheries (DEFF). The CGS should avail geological data to determine and support the designation.The other institutions to facilitate relevant information and data for the necessary authorisations (EIA's and MHS plans).

 

(g) Limitation of ASM operations to surface mining: This policy option should be investigated further as the limitation may be viewed as discriminatory, exclusionary, and counterproductive. It has been identified that there are already some illegal mining operations taking place underground.

 

(h) Creation of district/regional mining offices: Similar to Ghana, these offices should be geared towards facilitating licensing of ASM; Compiling a registers of existing and prospective ASM, specifying particulars that may be determined by the Minister: Supervise and monitor the operation and activities of these miners; advise and provide training facilities and assistance necessary for effective and efficient ASM operations; submit to the Department in a form and at intervals as directed, reports or other documents and information on ASM activities within the District/Region; and facilitate the formation of Artisanal and Small Scale Miners Association/s. Alternatively these functions should be allocated the Regional Managers or a capacitated Small Scale Mining Unit.

 

(i) Formation of district Mining Committees: Multi-stakeholder committees in each ASM designated area with representation from DMRE, DEFF, and COGTA etc. should be established in terms of the law.

 

(j) Formation of ASM Associations: ASM operators should be encouraged to organise themselves into legally recognised formations. Regional or National ASM Associations to be promoted and supported.

 

(k) Financial assistance to ASM operations: funding mechanisms to ASM projects should be made available provided for in the law.