Hard issue
is practiced within a regulatory framework that allows it to
function lawfully and formally.
The Small-Scale Mining Directorate has differentiated the ASM
sector by classifying it into three categories:
• Artisanal or subsistence mining operations (new entrants);
• Sub-optimal formal mining operations; and
• Entrepreneurs with upfront capital.
This differentiation is an indication that the Directorate of Small-
Scale Mining understands that the ASM sector is heterogenous
and different stakeholders in the sector need to be engaged on
different levels. This foundation is a practical way to start the
process of formalisation.
Tunnels dug by artisanal miners are often
an indication of where deposits occur.
Small-scale mining offers opportunities,
but there are many challenges, writes
Kgothatso ‘KayG’ Nhlengetwa.
Another challenge for ASM in the South African context is the
capacity of the Department of Mineral Resources to oversee the
sector. The Small-Scale Mining Directorate is mandated to assist
small-scale miners in permitting, but this is often a challenge
due to the nature of the sector. ASM is widespread, haphazard,
informal, and transient.
ASM typically takes place in rural areas and consists of individuals
who have limited education; this makes it difficult for them to
apply on the Internet using the Small-Scale Mining Directorate’s
online application system. Even in areas where there is a regional
office that artisanal miners can go to, they are often met with the
bureaucracy and red tape of the application process.
Mining is an environmentally invasive activity and damage to the
environment is mitigated in the industry by enforcing regulations
before, during, and after mining. There are also regulations for
the ASM sector that must be met for mining to take place.
This includes compliance with the National Environmental
Management Act.
ASM in South Africa: opportunities
Looking at the contribution of ASM from other examples
like Ghana, the sector has contributed USD460-million
between 1989 (when the small-scale gold mining law was
promulgated) and 2009; this is according to an academic
article by Petra Tschakert. This indicates that the ASM sector
in South Africa has potential to add to the economy if ASM
www.africanmining.co.za
Formalisation strategies
Formalisation has been suggested as an avenue to advance ASM
but strategies to implement formalisation have not been detailed,
nor have case studies been undertaken. But before one can
discuss formalisation there must be an understanding of what
is meant by formalisation. There are various schools of thought
on what is meant by formalisation. The most pertinent aspect
of formalisation is a continuous process of integrating already
existing ASM systems into legal frameworks that are practical
and implementable.
Where ASM is taking place in traditional communities, there are
often informal practices. One of these practices is to pay tributes
to the chief of the area where mining is taking place. This practice
is similar to paying taxes to the state. This arrangement can serve
as a starting point to formalise the sector, as there are informal
arrangements that can already be paralleled in a regulated and
formal manner. Thus, building a legal framework that integrates
systems already in place.
Baseline research studies into ASM can provide much-needed
insight into the sector. An interdisciplinary and multi-stakeholder
collaboration can provide an understanding of ASM from different
aspects, thus bringing together knowledge for policy development
for ASM.
Making a distinction between invasive illegal mining and
community-based informal mining can initiate formalisation.
Zama-zamas that invade gold mines are typically trapped within
the cartel system. This is a criminal five-tier system according
to the Minerals Council of South Africa. While a group of
individuals mining in a community with permission from the
traditional leaders or community itself allows for the process of
permitting to begin.
ASM has the potential to contribute to the economy, but this can
only be done if it is firstly acknowledged as an avenue for livelihood
and then developed and formalised through multi-stakeholder
engagement. Only then can this complex sector be transformed.
Kgothatso ‘KayG’ Nhlengetwa is an independent mining geology
researcher specialising in artisanal mining. b
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