Law enforcement in the South African Gold Mining sector : the nexus between company, environmental and equity law
Loading...
Authors
Lombard, Dewan
Issue Date
2018-08
Type
Dissertation
Language
en
Keywords
Non-Compliance , Grootvlei , Blyvooruitzicht , Environmental Law , Company law , Equity Law , Regulating , Government , Government Departments , Gold Mines
Alternative Title
Abstract
Although the mining industry contributed to the development of the country by providing
infrastructure and employment, it left a negative impact on the environment. To this end, various
pieces of law were promulgated to limit environmental damage and hold those who pollute
(Mining Companies / licensees) accountable. This research focused on two study sites namely
Blyvooruitzicht and Grootvlei gold mines. Both mines underwent forced mine closure and their
environmental liabilities remained unresolved. This study focused on important laws governing
the South African gold mining sector, to form an understanding of these laws and to establish if
these laws protect the environment sufficiently or not. The study included an overview of the
current relevant legislative framework regarding mines, with the aim of identifying if there were
gaps between Mining law, Company law, B-BBEE law (Equity Law) and Environmental law. This
included an exploration of the interrelationships between the various pieces of legislation and the
challenges relating to compliance and enforcement of these mentioned laws. Further to this, the
research study investigated the requirements and responsibilities of the South African State, and
directors of mining companies.
The finding was that South African law with respect to mining companies needs minor
adjustments, but the crux of the problem is a lack of effective implementation and enforcement by
the State. There is ineffective administration of environmental quality control by the various
designated National Government Departments. Recommendations made include the need for clear
monitoring of compliance and enforcement of the environmental regulatory framework if there is
to be successful mine closure in South Africa. In addition, the South African State Government
could consider incentivizing compliance, that is, reward mining companies who uphold
environmental law. Further to this the thesis suggest the elimination of any contradictions between
the various legislations within the mining industry and stipulates that legislation must be read in
conjunction with one-another if a robust legislative framework is to exist.
Description
Citation
Lombard, Dewan (2018) Law enforcement in the South African Gold Mining sector : the nexus between company, environmental and equity law, University of South Africa, Pretoria, <http://hdl.handle.net/10500/25084>