‘We are not zama zamas’ – Artisanal miners demand proper regulation, decriminalisation

The National Association of Artisanal Miners (Naam) on Tuesday called on members of Parliament’s Portfolio Committee on Mineral Resources to urge government to speed up legislation and decriminalise small-scale mining across the country.

The committee heard from Mining Affected Communities United in Action (Macua) and Women Mining Affected Communities United in Action (Wamua) on issues in the mining sector, including illegal mining.

Artisanal or small-scale mining is still illegal in the country.

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The abundance of unregulated and abandoned mines, meanwhile, have given rise to ruthless criminal syndicates mining minerals, often accompanied by violence and turf wars that spill over into bordering communities.

Trying to stay within the law

Naam coordinator Paps Lethoko said small scale miners condemn violence and crime, and have formed cooporations in partnership with communities.

He said they have complied with the Department of Minerals and Energy’s requirements that they register cooperatives in order to be formalised, but are not receiving necessary assistance and support from either the department or the Mineral Council.

“After years of requesting the DMRE to help and formalise artisanal mining, finally, in 2019, they started with the development of artisanal scale mining policy. Right now, the challenge is that there is no structure to implement, the policy is not being amended into law even.

“Artisanal miners on the ground are trying to align themselves with the policy and made efforts to formalise themselves. The problem is, they are doing that in silos. The DMRE is not coming onboard, they are met with resistance from large scale mining companies and local DMRE officials.”

“There has been little or no political and practical support to ensure long term solutions are found to the current unregulated sector. The negative impact of crime, such as what happened in Krugersdorp gives all informal miners a bad name.”

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Cops are clueless

Lethoko said the SA Police Service (SAPS) were clueless about artisanal mining and the new policy, leading to clashes as authorities consider them illegal and just another group of ‘zama zamas.’

He called on authorities to not restrict mining permits to South Africans only.

“Those of us who want to formalise face problems from other government departments because they are not in synch with DMER’s policy. Also, we suffer stigmatisation because we have found that many people still regard us as illegal miners.

“Furthermore, permits should not be reserved to South African citizens only. We know that small scale miners are not only South Africans. Large scale mining has been historically using foreign nationals to mine without any problems, why is it a problem for those mining on a small scale?”

Naam members in Kimberely, Northern Cape, had previously organised themselves and marched to the department, demanding to be granted permits to continue mining. The permits were eventually granted and the artisanal miners continue to mine diamonds and make a living, said Lethoko.

‘Communities at the mercy of the powerful’

Presenting a social labour audit report, Macua executive director Chris Rutledge shot down the amended Mineral and Petroleum Resources Development Act (MPRDA), saying additional legislative support for communities was needed in order to hold mining companies accountable.

“We need to urgently start legislative reform and get crucial elements into law to hold mine companies to account. If the law doesn’t require companies to engage with communities, then they will ignore the development imperatives that comes with the mining licence. This can only be remedied if there are severe consequences for non-compliance. Companies still ignore us because there are no penalties.”

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He said the high unemployment rate, high inequality and low levels of regulation, coupled with at least 6,000 disused mines in the country provided a fertile ground for illegal mining activities.

“We must separate artisanal mining from criminal activities. Our members are opposed to criminal syndicates. We suggested to the DMRE that part of the solution against criminal syndicates is to involve communities in a more structured and coherent way.

“Where cooperatives are formed, they must be accountable to communities in the same way large mining companies should be engaging a community around it.”

Rutledge said a survey it conducted among small scale miners along with the Witwatersrand University and NGO Action Aid showed that the local economy is stimulated as the income generated by artisanal miners is spread within communities.

“They are adding value, and in essence, are doing what the MPRDA was set out to do – which is to distribute the wealth of mineral resources. The MPRDA is unable to do that because it’s focused mostly on large scale mining.”

Because the department was unable to manage its existing jurisdictions, said Rutledge, the issuing of mining licenses should be halted until it gets its house in order.

“Less and less people are employed in compliance sections. DMRE must commit to investigate non-compliance and publish annual compliance reports.

“As things stand, those annual compliance reports are being held captive by DMRE, so we don’t know what the mining companies are up to. Honourable members, in the absence of the light, it is darkness that prevails… big mine companies are deceiving South Africans and are not delivering as per their mandate. 

“Communities are excluded and are at the mercy of the powerful. You as the lawmakers have an opportunity to change that,” he said.

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