There is a need for policy to be revised to cater for small-scale mining in South Africa as the Department of Mineral Resources (DMR) has identified it as a sector that contributes to economic growth, states law firm Legal Resources Centre regional director Naseema Fakir.

The DMR has identified small-scale mining as an important role-player in community upliftment, job creation and poverty alleviation. Thus, the DMR is developing a new approach to expand the impact of small-scale mining, with particular focus on poverty nodal points with mining potential intended to contribute meaningfully towards the livelihood of these communities.

The DMR has initiated bodies that will facilitate the existence of small-scale mines by forming a directorate of small-scale mining and a small-scale mining board.

Additionally, to facilitate skills development, the DMR provides programmes through the Small Enterprise Development Agency (Seda), which will assist in providing adequate skills for the management of small-scale mining, as well as through the South African Qualifications Authority, which will provide accreditation for any skills acquired through Seda.

However, Fakir mentioned during an Artisanal Mining Seminar at the University of the Witwatersrand earlier this month that, despite the efforts made by the DMR to support small-scale mining, policy proposed by government does not address what the DMR hopes to achieve through small-scale mining.

“Historically, South Africa’s mining sector began through small-scale mining and developed into large-scale mining, which led to the neglect of the importance of small-scale mining,” she noted.

Fakir added that the Mineral and Petroleum Resources Development Act did not make mention of any specific rights for small-scale miners.

However, she indicated that the Act made a distinction between a right and a permit. A right deals with a designated portion of land where a miner is mining something specific for up to five years. A permit requires specifications of the desired minerals to be mined and their geographical area, which will be mined within two years, and not more than 5 ha for a specific mineral is allowed to be mined.

“In the South African context, small-scale mining is addressed by the definition of a permit as opposed to a right, as rights are issued to larger corporations while permits are given to small-scale miners,” she pointed out.

Moreover, based on the National Environmental Management Act, small-scale mining is required to be sustainable and make provision for land rehabilitation. Also, the Mine Health and Safety Act requires any mining operation to consider health and safety hazards to ensure that mining is undertaken with as few fatalities as possible.

“Taking into consideration these three Acts, in order to be a small-scale miner, there is a need to be [financially strong] as a lot of capital is required to comply with the policies,” she explained.

She concluded that, owing to such challenges, this might hinder what the DMR aims to achieve through small-scale mining as most of the people within this sector do not have the capital to adhere to the policies that are in place.