Regulatory failure, not criminality, lies at the heart of SA’s mining crisis

Recent tragedies at abandoned mines in South Africa underscore a pervasive regulatory failure that criminalizes impoverished artisanal miners while allowing corporations to evade their statutory rehabilitation duties. Despite the presence of over 6,000 abandoned and derelict mines, the Department of Mineral and Petroleum Resources (DMPR) consistently evades accountability in its enforcement of properly closed mines.

Minister Gwede Mantashe's assertion that the government has "no obligation to rehabilitate anything" regarding disused or ownerless mines further demonstrates a fundamental misunderstanding of the state's constitutional duties under international human rights law.

This regulatory failure is evidenced by the government's lack of accountability, the absence of adequate laws governing the sector, and the failure of mining companies to account to the communities they abandon. The consequences are severe, as impoverished artisanal miners are forcibly drawn into dangerous activities to survive, lacking recourse and alternative livelihoods.

Furthermore, the industry's illegality is not a result of criminal acts but rather the absence of proper legislative frameworks. The state's failure to effectively regulate mine closure and hold mining companies accountable is the root cause of these issues.

The devastating impact of improper mine closure was most recently felt in the Stilfontein tragedy, where Operation Vala Umgodi resulted in 87 deaths at the Buffelsfontein Mine in Klerksdorp, North West. During Operation Vala Umgodi, the South African Police Service employed a controversial tactic of blockading mine shafts to starve miners inside.

This highlights the public safety risks associated with improper mine closures and the failure of the DMPR to enforce proper regulations. The state's failure to properly regulate the sector and protect communities' safety must be addressed before more lives are lost.