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23 September 2020 | Story Leonie Bolleurs | Photo Supplied
Zama Sithole
Zama Sithole, a master’s student in Environmental Managementat the University of the Free State (UFS), would one day like to assist communal artisanal small-scale miners (ASM) to legalise their work. Although the ASMs are not involved in turf wars or criminality as in the case of zama-zamas, they are deemed illegal workers.

The prime mining legislation, the Mineral and Petroleum Resources Development Act, makes no provision for subsistence or communal ASM activities. Such miners are therefore considered illegal miners.

“ASM employs more than 20 million people globally and a country such as South Africa, with an unemployment rate of 30,1%, should assimilate this type of mining as a legal form of employment,” says Zama.

“Their only client base is the surrounding communities. Mining, besides government grants, is their only source of income.”

Zama aspires to assist the illegal miners to become legal and reap the benefits of skills and funding to increase their income.

“And guidance from the regulatory authorities will ensure that the communal ASM miners become more aware of environmental management,” she adds.

Zama recently presented her research, titled: Shortcomings of the South African Legislative Framework in Addressing Communal Artisanal Small-scale Mining: A Blaauwbosch Case Studyat the 2020 Environmental Law Association (ELA) Annual Student Conference.

She also received the award for Best Speaker at the conference.

In her research, Zama focuses on Blaauwbosch, a rural township area located south-east of Newcastle in northern KwaZulu-Natal, where subsistence coal and clay opencast mining by community members has been going on for more than four decades.

Environmental degradation

According to the Mineral and Petroleum Resources Development Act, mining is only deemed legal if there is a mining permit, mining right, production right or preferent mining right authorised by the Department of Mineral Resources. Since communal ASMs are unregulated, environmental degradation is rife.

According to her investigation, environmental hazards such as traces of acid mine drainage and poor air quality (due to spontaneous combustion), are localised in the area. This is a deterrent to the surrounding community that has minimal health and safety awareness.

Owing to the fact that communal ASM miners are not assimilated into the legislation, the competent authorities such as the Department of Mineral Resources and Energy and the Department of Water and Sanitation cannot offer mineral regulation and environmental guidance support.

Losing revenue

Zama says government is also losing revenue by not legalising this unique sector. She believes it is important to differentiate between communal ASMs and the ‘zama-zama’ type of mining.
 
She also found that according to the Mining and Minerals Policy (1998), “regulations in respect of mining should be relevant, understandable and affordable to the small-scale miner and should be enforced in a site-specific manner.” ... “Tax and royalty rates, levies, and financial guarantees for rehabilitation should not constrain the development of small-scale operations.”

“However, to date, this has not been realised,” Zama states.

Communal ASM miners thus cannot benefit from government-funded initiatives to upskill them in terms of mining and environmental management.

Making a difference

Zama plans to conduct more research to understand the dynamics of how other countries have legalised this sector and draw learnings from this to determine how it can be applied in the South African context.

“In our country, there is very limited data and hence understanding on communal ASM. This could be one of the reasons why the government cannot make an informed decision on how to legalise this sector,” she says.

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News Archive

UFS research sheds light on service delivery protests in South Africa
2015-01-23

UFS research sheds light on service delivery protests in South Africa

Service delivery protests in the country have peaked during 2014, with 176 major service delivery protests staged against local government across South Africa.

A study by the University of the Free State (UFS) found that many of these protests are led by individuals who previously held key positions within the ANC and prominent community leaders. Many of these protests involved violence, and the destruction had a devastating impact on the communities involved.

This study was done by Dr Sethulego Matebesi, researcher and senior lecturer at the UFS. He focused his research on the dynamics of service delivery protests in South Africa.

Service delivery protests refer to the collective taken by a group of community members which are directed against a local municipality over poor or inadequate provision of basic services, and a wider spectrum of concerns including, for example, housing, infrastructural developments, and corruption.

These protests increased substantially from about 10 in 2004 to 111 in 2010, reaching unprecedented levels with 176 during 2014.

The causes of these protests are divided into three broad categories: systemic (maladministration, fraud, nepotism and corruption); structural (healthcare, poverty, unemployment and land issues); and governance (limited opportunities for civic participation, lack of accountability, weak leadership and the erosion of public confidence in leadership).

In his research, Dr Matebesi observed and studied protests in the Free State, Northern Cape and the North-West since 2008. He found that these protests can be divided into two groups, each with its own characteristics.

“On the one side you have highly fragmented residents’ groups that often use intimidation and violence in predominantly black communities. On the other side, there are highly structured ratepayers’ associations that primarily uses the withholding of municipal rates and taxes in predominantly white communities.”

 

Who are the typical protesters?

Dr Matebesi’s study results show that in most instances, protests in black areas are led by individuals who previously held key positions within the ANC - prominent community leaders. Generally, though, protests are supported by predominantly unemployed, young residents.

“However, judging by election results immediately after protests, the study revealed that the ANC is not losing votes over such actions.”

The study found that in the case of the structured ratepayers’ associations, the groups are led by different segments of the community, including professionals such as attorneys, accountants and even former municipal managers.

Dr Matebesi says that although many protests in black communities often turned out violent, protest leaders stated that they never planned to embark on violent protests.

“They claimed that is was often attitude (towards the protesters), reaction of the police and the lack of government’s interest in their grievances that sparked violence.”

Totally different to this is the form of peaceful protests that involves sanctioning. This requires restraint and coordination, which only a highly structured group can provide.

“The study demonstrates that the effects of service delivery protests have been tangible and visible in South Africa, with almost daily reports of violent confrontations with police, extensive damage to property, looting of businesses, and at times, the injuring or even killing of civilians. With the increase of violence, the space for building trust between the state and civil society is decreasing.”

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