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08 August 2019 | Story Leonie Bolleurs
Zama Zama
Michelle Goliath played a major role in establishing the first ethically sourced, fair, women-owned, artisanal diamond process.

Michelle Goliath, a PhD student in the Department of Urban and Regional Planning at the UFS, has a passion for helping the most vulnerable people in society who have run out of conventional employment options. 

“My research includes ‘Zamaism’ psychology, a philosophy which looks at the contestation of space and rules, how people navigate the illegal when they are faced with desperate choices,” she explains.  

Michelle has been working with approximately 3 000 diamond mining ‘Zama Zamas’ (criminal miners) over the past three years. Together, they negotiated an agreement with private sector mining and public sector stakeholders to include the Zama Zamas as legal artisan miners in the formal mining economy.

One of the highlights of her career so far was being part of a big first: the complete, ethically sourced, fair, women-owned, artisanal diamond process.

Michelle explains: “A rough stone includes the story of the women who dig it from the earth, legally (under permit), ethically sourced. Instead of being exploited, the same women now sell their diamonds for full value to a legal tender house through a legal buyer or directly to the cutter and polisher. The cutter and polisher also train the women to cut and polish the stones themselves. The women then sell the stones to jewellery gold- and silver-‘smiths’ who artisanally craft this into an engagement ring or ‘Wakanda gem spear’, to be sold in the open market locally and internationally.”

She believes these products will become priceless works of art. “Like Picasso paintings, they are each uniquely produced by hand with a story and Kimberley process certificates,” she adds.

The story of the women

This project had a big impact on Elisa Louw, a former street seller and domestic worker. She tells her story: “I was tired of domestic work and decided to work at the mines as a Zama Zama. I began with nothing and had to borrow tools and learn from others.”

Elisa started working in the mines in 2013; in 2014, she found her first 75-pointer diamond which she sold for R1 500 on the black market. “The black market was good then,” she said.

She later recruited other Zama Zamas to register and obtain legal permits for mining. Elisa mined from 08:00 to 12:00 and from 13:00 to 16:00 she recruited people to start a legal mining co-op. “It was difficult then. People did not understand what it meant to be legalised,” Elisa explains.

But she worked hard and at the end of 2016, the Batho Pele Primary Mining Cooperative was established.

However, it was a hard and difficult journey before they were given their permits early in 2017. The mines took their IDs and issued them with eviction letters. “They called us names – terrorists, robbers, rapists, etc. But in a meeting with the South African Police Service, the Department of Mineral Resources, the Sol Plaatje Municipality, and the international Swedish Housing Company, Michelle spoke for us.”

“She represented the Swedish Housing Company and we thank the Lord for sending her to us. She informed all parties that we did not want to fight, but that we were looking for a licence to work. She helped us to obtain our legal permit to mine.”

“It was such a relief when we received the permit. I could go home and sleep without worrying about the safety of the old people and children who are mining.

“The permit changed my life as a woman. My voice is heard; my words count. I am proud of myself,” says Elisa. 

The two cooperatives they created, Batho Pele Primary Mining Cooperative and the Women in Artisanal Scale Mining, have already signed agreements with Canada and the USA for the export of fair-trade-certified gem products.

Blood, sweat and tears

The journey towards this big achievement took two years of literally blood, sweat, and tears. “Society labels Zama Zamas negatively as terrorists. In a way, you become a Zama at heart once you live with people every day who are fighting for economic inclusion. You fight the illegal diamond trade that exploited people as digging slaves. You fight formal mining, which is a difficult sector to enter as a woman. You literally fight others with stones for territory. You fight political fights, land fights, the system at every level, to seek an existence,” Michelle explains.

She believes the mining industry can be a tough environment. “It is exploitative at many levels. It showcases rare talent, but under duress. At artisanal scale it is even worse. The only future women have, is to lead themselves, to create their own fairer system, to redesign a full value chain that allows broader participation,” states Michelle.

News Archive

The failure of the law
2004-06-04

 

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.
 

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

 

 

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