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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

State of our campuses: UFS closes campuses until Friday 28 October 2016 to readjust academic programme
2016-10-13

The senior leadership of the University of the Free State (UFS) has carefully analysed all the risks facing the university in the current national crisis in higher education, which includes the possibility of losing the academic year. The university management has been engaged in back-to-back meetings with the student leadership, South African Police Service (SAPS), and other stakeholders over the past two days in an attempt to ensure the safety of all parties, and normalise the academic functioning of the UFS.  Unfortunately, we have been unable to arrive at an agreement about the resumption of the academic year regardless of the timing of the government response to students’ demands. This is further complicated by the fact that the university has received notice of intention of an  interdict to reopen with immediate effect.

Taking all of this into account, the senior leadership of the UFS has decided as follows:

  1. The UFS will not be shutting down for the remainder of 2016. The Bloemfontein and South Campuses will, however, be shutting down from Thursday 13 October 2016 until Friday 28 October 2016. These two weeks will be used for crucial and complex arrangements to be put in place to readjust the academic calendar and ensure that all students can complete their studies.
  2. The academic arrangements are focused on organising alternative modes of delivery of our programmes to support student learning. Academics will be working on readjusting their course materials for this purpose.
  3. The Bloemfontein Campus and the South Campuses will be closed for undergraduate and honours students. Administrative and academic staff will be working, as well as master's and doctoral students.
  4. Students in residence will have to vacate their rooms by 12:00 on Saturday 15 October 2016. Students who need help in this regard must please contact +27 51 401 2001 or send an email to hotline@ufs.ac.za.
  5. Arrangements will be made to accommodate international, master's, and doctoral students.
  6. The specific information about academic programmes will be communicated to students by their respective faculties as it becomes available.

The senior leadership wants to restate its commitment to free education as well as its willingness to stand together with students and other public universities to impress on government the urgency to decide on a time frame for the roll-out of free higher education for the poor and missing middle. During these two weeks the UFS will meet with the leadership of Universities South Africa to coordinate collective action in this regard.

 Consistent with this commitment the UFS leadership will roll out a series of activities to inform and educate students and the general public on different models and experiences of providing free higher education. 

 The UFS is deeply concerned about the possible securitisation of our campus as a way of solving this crisis.

 The UFS condemns in the strongest terms violence as a methodology to achieve ends in the context of a democratic state.We are, as always, committed to providing quality education and a conducive environment for learning.

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