Mining companies attain relief through deductions on infrastructure relating to Social and Labour Plans: a case of the cart before the horse?

Thambi, K.

doi:10.17159/2411-9717/61-132-1/2019

Cited by 3 publications

(3 citation statements)

References 3 publications

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“…Despite the South African government's efforts to regulate some of these social obligations, mines have continued to view SLP implementation as an added administrative and tax burden (Centre for Applied Legal Studies 2018). Being a predominantly capital-intensive industry with high start-up costs, mines are constantly challenged to balance profit margins with the sustainable integration of SLPs into their core business strategy (Thambi 2019). Furthermore, legislation has put corporate social responsibility and sustainable development issues in the hands of the mining industry at a national policy level.…”

Section: Barriers and Challenges To Incorporating Social Closure Crit...mentioning

confidence: 99%

A framework for developing social mine closure criteria

Edwards¹,

Bester²,

Maritz³

2022

Mine Closure 2022: 15th Conference on Mine Closure

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Mine closure criteria are a prerequisite for successful and sustainable closure of mine sites. However, the social mine closure criteria are not well developed across the world. While many International Council on Mining and Metals (ICMM) members and many other non-ICMM members recognise the benefits of closure governance, a corporate culture or mindset shift within organisations is required to integrate closure. Using the South African mining industry as a reference, an analysis of publicly available mine closure plans has shown that mine closure criteria mainly relate to environmental rehabilitation or mine reclamation. This approach does not fully address all relevant targets and global indicators of the Sustainable Development Goals (SDGs), which South Africa adopted in 2015.South Africa has a long history of mining, which has contributed significantly to the country's economic development. At the same time, all mines contribute to the socio-economic development of mine-associated communities and labour-sending areas, as required by local legislation. They also undertake broad-based stakeholder engagement and address downscaling or retrenchment impacts in compliance with national legislation. However, social mine closure criteria and mechanisms for achieving an effective social transition towards mine closure are not legally required and are underdeveloped.Major and mid-tier mining companies in South Africa undertake voluntary sustainable reporting. By effectively visioning their own long-term sustainability goals, such as the provisioning of economic and social development opportunities to host communities, mines have the potential to direct sustainable development policies, plans and programs within their area of influence. Developing suitable and sustainable social mine closure criteria should also ensure that this positive alignment to the SDGs set by the United Nations for 2030 continues beyond mine closure. In this context, the paper proposes a framework for developing social mine closure criteria and mechanisms. The social mine closure criteria have the potential to supplement closure plans and aim to foster sustainable social transitioning beyond mine closure.

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Section: Barriers and Challenges To Incorporating Social Closure Crit...mentioning

confidence: 99%

A framework for developing social mine closure criteria

Edwards¹,

Bester²,

Maritz³

2022

Mine Closure 2022: 15th Conference on Mine Closure

View full text Add to dashboard Cite

show abstract

“…SLPs are developed in consultation with affected communities. Since it contains commitments to the DMRE, upon granting of the mining right, these plans/programmes are binding conditions (Thambi, 2019). However, the basis of the SLP system is very much a 'carrot and stick approach' (Centre for Applied Legal Studies, 2016).…”

Section: Social and Labour Plans (Slps)mentioning

confidence: 99%

“…The historical tension between mining companies and the communities in which they operate stems from the inequities of the apartheid and migrant labour systems (Hamann, 2003). As such, the legacy of this industry is fraught with controversy and imbalances between mineworkers, communities, and mining companies (Thambi, 2019).…”

Section: Introductionmentioning

confidence: 99%

Baleni v Minister of Mineral Resources: A fait accompli

Thambi¹

2022

J. S. Afr. Inst. Min. Metall.

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The court in Baleni v Minister of Mineral Resources [2019] 2 SA 453 GP and [2020] 4 All SA 374 (GP), deliberated on the protection of rights of a community holding informal land tenure under Customary Law. The contention related to the necessary level of consent needed to acquire a mining right over such land. Moreover, whether consultations with such communities (Section 23, Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) or consent (Section 2, Interim Protection of Informal Land Rights Act, No. 31 of 1996 (IPILRA)) was required to acquire such right. The case has a significant bearing on the granting of mining rights in South Africa, and the discretion of the Minister of Mineral Resources (the Minister) in this regard. However, the objectives of the MPRDA and IPILRA do not dovetail, therefore consultation and consent are not mutually exclusive (Tlale, 2020). This note argues that, despite the resounding victory of this case, the peripheral basis surrounding the decision and the various levels of engagement require serious deliberation. Equally, the degree of reliance on the IPILRA requires clarity to avoid aborting the fundamental objectives of the MPRDA. This paper provides considerations and recommendations that may reduce or eliminate the tensions between the statutory and socio-economic rights in the application of the two statutes.

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CSR and Labor Policies in the South African Mining Industry

Kanyumba

2023

CSR, Sustainability, Ethics &Amp; Governance

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Mining companies attain relief through deductions on infrastructure relating to Social and Labour Plans: a case of the cart before the horse?

Cited by 3 publications

References 3 publications

A framework for developing social mine closure criteria

A framework for developing social mine closure criteria

Baleni v Minister of Mineral Resources: A fait accompli

CSR and Labor Policies in the South African Mining Industry

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