INSIGHT
operations and have them swiftly shut down to prevent
further loss of life. legal mining operations to get the necessary permissions
to mine any material required.
Dangerous game This includes rezoning the land at local government level,
undertaking the necessary environmental studies
required on a regional and national basis, water
use licences, as well as obtaining a mining
licence from the Department of Mineral
Resources and Energy.
It’s a dangerous game practised by
dangerous criminals and as if
the threat of murder is not
enough, these illegal
miners also operate in
unsafe environments
with no regard for
health and safety.
In addition, illegal
mining also has
a detrimental
effect on the
environment,
as well as the
health and safety
of surrounding
communities.
From a business
perspective it erodes
the profitability of legal
operations and in some
instances even gives illegal
operations a price advantage
due to their scant regard of legal
requirements.
Legal route
"Without the required
authorisations, no mining of
any mineral may take place in
South Africa regardless of its
value or purpose.
Contrary to popular belief illegal mining is not always
practiced by wheelbarrow brigade-type miners with
rudimentary tools but is also undertaken in broad
daylight by sophisticated syndicates and even by some
municipalities.
Strict process
Without the required authorisations, no mining of
any mineral may take place in South Africa regardless
of its value or purpose. This means that companies,
municipalities or individuals cannot simply remove
ground or minerals wherever they want to.
The Mineral Petroleum Resources Development Act
(MRPDA) is clear that once a material is taken away from
its natural state and put in another form it is being mined.
Rather, users need to go through the same process as
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African Mining April 2020
Whether mining for gold,
diamonds, coal, clay, salt
or aggregates it needs to
be done legally and in
a manner that does not
harm the environment, nor
negatively affect surrounding
communities and detract from
future land use possibilities.
Equally important is that
workers are subject to the same
safety and health requirements
as legally operated mines. They
have a massively unfair advantage
over legal operators in the industry.
They don’t pay royalties, tax or make any
other statutory contributions to government or
towards the sustainability of the industry. Nor do they
need to observe safety, health, environment and quality
legislation which means they can expose their employees
to inhumane working conditions, as well as cause untold
damage to the environment without fear of retribution.
Industry assistance
That is why we regularly call upon our members to report
illegal operations and ask stakeholders within the mining
sector to report illegal mining to the association or to the
local authorities.
If we are able to stop illegal operations, we will also be
in a better position to ensure sustainable practices are
upheld, both in terms of the economic development
of the industry, as well as ensuring the environment is
protected for future generations.
Nico Pienaar is the director of ASPASA.
www. africanmining.co.za