Special Investigating Units and Special Tribunals Act, 1996
R 385
Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)NoticesMine Community Resettlement Guidelines, 202214. Reporting, Monitoring and Evaluation |
14.1 | Monitoring and evaluation should not be left to implementation stages but must be considered upfront and integrated into project planning. Monitoring and evaluation should be concerned with monitoring, evaluation and reporting on the effectiveness of the approved Resettlement Plan, Resettlement Action Plan and Resettlement Agreement. |
14.2 | The purpose of monitoring is to provide project managers, as well as directly affected persons, households, communities, and project financiers, with timely, concise, indicative information on whether compensation, resettlement, other impact mitigation or community development measures are on track to achieve sustainable livelihood restoration and improvement in the welfare of the affected people, or whether plans need to be adjusted. |
14.3 | Monitoring and Evaluation should take place from the outset of resettlement activities and occur through the planning and engagement phases, as opposed to only occurring during implementation it should continue post-resettlement and monitor the success of livelihoods and vulnerable people's programmes. |
14.4 | Measuring whether or not livelihoods programmes have been successfulrequires a commitment to monitoring longer than two or three years it may be up to ten years before livelihoods are fully restored in some cases, particularly where tree crops are impacted. Evaluate emergent, mid-term and long-term impacts of the resettlement activities on the welfare of impacted households, communities, and local government. |
14.5 | Establishment of a Resettlement Monitoring and Evaluation Committee |
14.5.1 | An applicant or a holder of a mining right or a mining permit shall, where the operations involve displacement and resettlement of landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities, establish a Resettlement Monitoring and Evaluation Committee (RMEC). |
14.5.2 | The RMEC shall comprise representation from the stakeholders referred to in item 7.2 of these Guidelines. |
14.6 | Functions of the Resettlement Monitoring and Evaluation Committee |
14.6.1 | The functions of the RMEC shall include: |
(a) | Development of a monitoring and evaluation plan. |
(b) | Implementation of the monitoring and evaluation plan. |
(c) | Maintain continuous engagement with affected stakeholders and providing regular updates and information about the progress in implementation of the monitoring and evaluation plan and the resettlement plan. |
(d) | Conduct completion audits at the end of the projects. |
(e) | Monitor and evaluate achievement against objectives in the resettlement plan and difficulties arising from implementation. |
(f) | Monitor the impact of projects to communities including post resettlement impacts. |
14.7 | Funding and resources requirements of the Resettlement Monitoring and Evaluation Committee |
14.7.1 | An applicant or a holder of a mining right or a mining permit shall, where the operations involve displacement and resettlement of landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities, be responsible for all the costs, funding, and resources requirements of the RMEC. |
14.7.2 | Resource requirements relate to dedicated staff complement with resources e.g., computers, laptops, office space, meeting facilities, phones, transportation etc. |
14.8 | Reporting obligations |
14.8.1 | A holder of a mining right, prospecting right or a mining permit shall be responsible for reporting progress with implementation of the resettlement agreement quarterly during the first year of the resettlement taking place and thereafter annually for the period of the issued right or permit to the Department. |
14.8.2 | The Department, through the Regional Manager shall monitor and evaluate implementation of the resettlement plan by a holder of a mining right or a mining permit. Monitoring and evaluation to be done for the duration of the mining right. |