Corruption Watch has made submissions on the draft amendments to the Mineral and Petroleum Resources Development Act regulations, which were published at the end of 2019 with calls for public comment.
The organisation’s concerns relate to the limitations that regulations might place on the ability of communities to voice their concerns and participate meaningfully in decision making processes which affect them, particularly mining activities which may affect their security of tenure, their social and natural environment and other socio-economic conditions.
CW has further concerns with the extent to which the amendments do not adequately regulate social and labour plans (SLPs), environmental impact management and create a legislative gap with regards the role of regional managers as well as the minister for the prevention and protection against potential human rights violations.
Our submissions therefore relate to the following key issues:
- ensuring the regulations limit harm to vulnerable mining communities;
- that they ensure that benefits reach the communities; and
- that the mining application process, payments of taxes, royalties, SLPs and environmental rehabilitation are transparent, effective and meet international best practise guidelines on environmental sustainability.
Submissions are made under the following headings:
- Inadequate measures to ensure effective meaningful consultation;
- Inadequate monitoring and implementation processes with regards to regulations of SLPs;
- Environmental impact assessment vulnerabilities; and
- Appeals.
The points raised in this submission are in line with our body of work in the mining sector. The outcomes of our research highlight the lack of consultation with mining-affected communities as one of the key weaknesses in the mining application process.
