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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.

News Archive

Visually impaired UFS student an inspiration
2016-10-05

Description: Zingisa Ngwenya Tags: Zingisa Ngwenya

Zingisa Ngwenya at the 2016
Spring Graduation Ceremony at the Callie Human
Centre on the UFS Bloemfontein Campus.
Photo: Johan Roux

“Zingisa, I saw the tears streaming down your face when you were being hooded,” said an emotional Dr Khotso Mokhele, Chancellor of the University of the Free State. “And you were not the only one with tears streaming down your face.”
 
Zingisa Ngwenya, a visually impaired BA Communication Science student, was one of those who graduated at the UFS 2016 Spring Graduation on 15 September 2016 at the Bloemfontein Campus. By her side were her guardians, Derek Watts, the presenter of the current affairs TV programme Carte Blanche, and his wife Belinda.

Dream becomes reality with support from community
Watts first met Ngwenya at the Audi Pioneer School Rally in Worcester, Western Cape, in which she was his co-driver. He admired her ability to read all her instructions in braille. “I was inspired by her because she had lost her sight late in her school career,” said Watts at the graduation ceremony. Ngwenya was academically strong and her aspirations to go to university led to the relationship.  

The UFS Centre for Universal Access and Disability Support, the Kirsty Watts Foundation, Gavin Fourie from Richmond, and Symington and De Kok law firm in Bloemfontein helped make Ngwenya’s dream a reality. “We managed the facility for her to do well, but it’s nothing compared to what she has done to get this degree,” Watts said.

Support from Watts family made things possible
Ngwenya will be studying towards a law degree at UFS, as well as working part-time at, Symington and De Kok. “She never bemoans what has happened to her in life. She just looks ahead to make the most of her life,” Watts said.

“Derek and Belinda’s support means everything to me. Without them it would not have been possible because it has really been a struggle, but they believed in me,” Ngwenya said.

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