Mining Community Development in South Africa: A Critical Consideration of How the Law and Development Approach the Concept “Community”

Abstract

The legislative system that provides for the socio-economic development of mining communities in South Africa has been under significant scrutiny in recent times. Various instances of conflict between mining communities and mining companies, of which the Marikana Massacre of 2012 is certainly the most noteworthy, show that mining communities expect mining companies to contribute more to the improvement of their living conditions. The relationship between mining communities and mining companies are exposed to the various socio-economic challenges that other sectors of the South African economy currently face. However, considering the legislative system in the mining industry specifically and in terms of a conceptual approach may show to the unique challenges the industry faces when it comes to mine community development. A conceptual approach requires asking whether the way in which the legislative system is framed and the rhetoric it promotes do not create expectations with mining communities that cannot be met by mining companies, because mining communities are not accurately depicted in the legislative system. The legislative system promotes “mine community development” by means of a complex interaction between various pieces of legislation and policy guidelines. At the centre of this interaction are the definitions of “community” and “mine community”. These definitions have been amended quite a few times since the enactment of the legislative system, attesting to the difficulty for the law to capture “community”. The latest iterations of the definitions are criticised for their ambiguity, causing uncertainty as to who should benefit from mine community development. This paper proposes that there is a conceptual problem when catering for communities, and not individuals, in a development paradigm, posing challenges for accurately defining “community”. It is not argued that community development should not be promoted, but a possible reason for why mine community development is not successful is proposed. The South African mining legislative system will be considered in parallel with relevant international legal instruments.

Sustainable Development in Mining Communities: The Case of South Africa's West Wits Goldfield

“…This study and a previous study (Cole and Broadhurst, 2020) has shown that South Africa has very different types of communities, and begs the questions, what is a mining host community? There has been no clear definition of mining communities globally, although underlying the international legal definitions is the idea of shared poverty, inequality and legacy of past exploitation (Heyns, 2019). In Australia and Canada there has been a major shift in the nature of mine communities, with many mine workers living far from the mine site, often in regional towns or cities, and commuting on a weekly basis (Storey, 2016;Marais et al, 2018a).…”