As part of its ongoing engagement process with mining stakeholders, the Department of Mineral Resources (DMR) held a workshop on the draft Mining Charter III last month, which was attended by civil society organisations ActionAid South Africa and Mining Affected Communities United in Action (Macua).

ActionAid South Africa mining and extractives coordinator Christopher Rutledge tells Mining Weekly that the DMR’s consultation process has primarily been geared towards mining companies and mining-related businesses, with very little focus on mining-affected communities.

Narrative

“During the consultation, we picked up from the DMR that it was stuck on a certain narrative – that . . . mining communities essentially have no particular, unique or distinct claim to the mineral resources of the country,” he says.

This attitude is reflected in the mining legislation, as it does not recognise mining-affected communities as legitimate stakeholders with whom negotiations should take place, but merely regards them as part of the process in mining companies’ reaching compliance, Rutledge adds.

He points out that a civil society coalition, of which Macua and ActionAid South Africa are members, has consulted with about 150 mining-affected communities in South Africa concerning mining legislation, particularly the Mineral and Petroleum Resources Development Act (MPRDA).

The consultation process also comprised a survey, which revealed that 88% of community members had no idea what the MPRDA was or how it affected them. Further, 79% of the respondents felt that they were not benefiting from legislation and that there was no value in engaging with government.

Consultation

Rutledge says the outcome of the civil organisation consultation was submitted to the DMR, but the department regards it as one submission and does not recognise that various communities in the country formed part of the process.

“The DMR is dead set on its own path and it looks like it is going to rush mining legislation through, whether we like it or not.” Rutledge contends that the longer the department disregards concerns raised by mining-affected communities, the more likely conflict will arise.

Rutledge highlights that advisory firm KPMG, which was invited to comment on the draft Mining Charter III, highlighted the importance of inclusiveness and that consultations should include all interested and affected parties.

“Communities do not feel that they are being listened to and we have seen that there is a tendency towards confrontation when this happens, which is a major concern for the country’s future,” he concludes.