Kgosi Leruo Molotlegi, King of the Royal Bafokeng nation, on Thursday questioned the South African mining policy.

He called on government to examine the legislative and regulatory framework which he argued was taking away resources from communities when it was enacted to benefit them.

His Majesty Molotlegi made these remarks at the morning session of the closing day of the Mining Indaba in Cape Town when he presented in a panel discussion on the topic “Supporting resilient communities”, a topic that sought to create opportunities for local economic diversification beyond the life of the mine.

Molotlegi said the affected communities were people who lived in areas for centuries before the mines arrived and continued to live after the mines had left, in complete contrast to mines who arrived, removed minerals and left.

Molotlegi said he had not witnessed the legislative and regulatory framework enabled by the Mining and Petroleum Resources Development Amendment Act (MPDRA) and the mandatory Social Labour Plans (SLPs) working to benefit communities, but instead was slowly enabling the exploitation of their resources.

“The motivation behind the SLPs was doubtlessly correct. But the effect of the MPDRA has not been able to reduce inequality within the mining sector itself, nor made mining communities more resilient,” Molotlegi said. “In my view, the SLPs provisions of the MPDRA unintentionally move us further away from, rather than taking us closer to our vision of being self-sustainable. We should ask ourselves.”

Molotlegi said evidence that SLP’s were dysfunctional was the increasing dissatisfaction of mining communities which has resulted in violent strikes.

The Bafokeng King said he was not against, nor was he at the Indaba to undermine the mining industry. But what was important, according to Molotlegi, was for the government and the mines to consider the importance of keeping communities in dialogue.

The Royal Bafokeng nation is considered the richest tribe in South Africa, owning assets worth more than R30-billion and 1 000 km² of land in North West province.

Sheila Khama of the African Development Bank said she understood how it was a complex issue for communities to benefit from mining companies, but she said the mining industry alone could not solve all the issues.