The legislative complexities that exist within the South African mining sector have made it difficult for industry to clearly distinguish which miners can be declared illegal miners and which artisanal and small-scale miners (ASMs), says the Aggregate and Sand Producers Association of Southern Africa (Aspasa).
“The issue of ASMs is a thorny matter for both government and large-scale mining (LSM) companies. This is because artisanal miners often operate in remote, unregulated and environmentally sensitive areas, where it is difficult to tax them, and where they operate on the verges of large-scale mine sites they present security challenges,” said Aspasa director Nico Pienaar during his presentation at the University of the Witwatersrand Artisanal Mining Seminar last week.
Moreover, he added that ASM activities in Africa currently engage eight-million workers, who, in turn, support about 45-million dependants. He said the number of ASM miners was increasing as a result of rising commodity prices and limited economic opportunities in other sectors.
Owing to this, the Department of Mineral Resources (DMR) deems the role of ASMs a way in which jobs can be created and poverty alleviated. However, ASMs are faced with challenges, such as the lack of access to finance and markets, a shortage of skills and inadequate or noncompliance with regulatory requirements.
ASMs are often situated a few kilometres away from large mines and mine minerals left from large mining operations, and whether they are also illegal miners is a grey area, Pienaar indicated.
“We have legislation through the DMR such as the Mineral and Petroleum Resources Development Act, the Mine Health and Safety Act and the National Environmental Management Act that try to govern the operation of ASMs in the country; however, there are some clauses that overlap that make it difficult to distinguish between the two forms of mining,” he mentioned.
Pienaar also pointed out that, with both forms being driven by miners trying to earn a living in order to survive, it makes it legally difficult to determine the difference.
Therefore, he stated that there is still a need for further discussions and considerations by the DMR and the South African Chamber of Mines on ways in which ASM and illegal mining can be distinctly defined for clearer understanding within the industry.