Unpacking the State of Mine Closures within the SADC Region
"Abandoned Mines" by markc123 is licensed under CC BY 2.0.
Mining companies often promise development, infrastructure, and employment to the communities in which they operate. However, personal accounts from these communities reveal a stark contrast, characterised by socio-economic decline and environmental degradation upon the cessation of mining activities
Following the publication of the report “The Impact and Assessment of Improper Mine Closures in South Africa: Community Perspectives on Human Rights” in November 2022, Lawyers for Human Rights (LHR) and Rosa Luxemburg Stiftung (RLS) conducted further research into the impacts of mine closures on the rights of host communities, including their right to development, across the Southern African Development Community (SADC).
The final report highlights the negligence of mining companies towards both the environment and the surrounding communities. The study’s overall objective was to shed light on mine closure trends and the challenges faced across the region. LHR and RLS also sought to determine if communities within the SADC region share similar experiences to those in South Africa and identify common perpetrators of improper mine closures, ultimately recommending the development of a regional mine closure policy.
Sustainability and Mine Closures in the SADC Region
While mining in the SADC region continues to bolster trade flow, mining companies’ historical approach of considering the payment of royalties and taxes as sufficient contributions is outdated and overlooks the true costs of mining. For mining to be sustainable, companies must also invest in creating a socially sustainable environment.
The report indicates that within the SADC region, improper mine closures have severe environmental and health impacts on people and ecosystems. The contamination of agricultural soils, surface water, and groundwater by heavy metals and chemicals near abandoned mines poses considerable risks to human health and wildlife. Without proper assessment and decontamination before rehabilitation and closure, these sites remain hazardous.
A notable case illustrating these issues is the legal battle against Anglo American South Africa Limited, in which parties initiated a class action on behalf of children and women from the Kabwe district in Zambia harmed by lead exposure. Though the initial application was unsuccessful, as the court deemed it unmanageable and overly broad, the applicants filed for leave to appeal the judgment of the High Court and this was granted.
The Socio-Economic Repercussions of Improper Mine Closures
The report also highlights the socio-economic repercussions of improper mine closures. Local communities heavily rely on mines for economic stability, with small businesses thriving from providing services such as transportation and food to mine workers. When mines close these small businesses are forced to shut down, leading to economic hardship.
Case studies of mine closures in select SADC countries provided context-specific insights, revealing that each evaluated state possesses a comprehensive legal framework overseeing various aspects of mining operations, including environmental protection measures and the fundamental structure for governing mining activities. For instance, Angola, the world's fourth-largest producer of diamonds, has a Mining Code that governs its mining sector. According to this code, holders of mining rights must ensure the conservation and protection of nature and the environment and comply with relevant legal standards.
“…improper mine closures have severe environmental and health impacts on people and ecosystems”.
Similarly, in Botswana, one of the leading global producers of gem-quality diamonds, section 65 of the Mines and Minerals Act 17 of 199 mandates license holders to conduct prospecting and mining operations with minimal environmental impact. Meanwhile, in Zimbabwe, home to the world's second-largest platinum deposit and high-grade chromium ores, the Mines and Minerals Act [Chapter 21:05] serves as the cornerstone legislation regulating mining law and contributing to the regulatory framework governing Zimbabwe's mining industry.
Challenges in Implementing Mining Frameworks in the SADC Region
These frameworks, while robust in theory, often fall short in practice, particularly in addressing the long-term impacts of mine closures on local communities and ecosystems. The report highlighted the absence of explicit regulations concerning mine closure issues. Furthermore, research participants expressed concerns regarding inadequate consultation processes and unfulfilled promises from mining companies. For instance, while there is a legal requirement for mining companies to allocate a specific percentage of their revenue to community development in some SADC countries, compliance is inconsistent.
In addition, governance and oversight frameworks in many SADC countries are often deemed inadequate, resulting in laws not being implemented and enforced properly. Numerous companies operate without meeting legal mining requirements, exacerbating the problem.
Community activists stress the need for SADC member states to collaborate on developing stringent policies and laws to hold mining corporations accountable for improper mine closures. There is no question that such cooperation is crucial to mitigating the adverse impacts on both the environment and the socio-economic well-being of affected communities. Mining laws, especially those concerning mining rights and surface land rights, should be harmonised.
Recommendations for Improving Mine Closure Practices
Government authorities ought to expedite the development and consolidation of legislation on mine closure, enhance capacity to effectively address environmental management issues, including those related to mine closure, and establish a robust framework for financial assurance to support mine closure activities.
Thus, it is recommended that companies develop and implement Environmental Management Systems (EMS) in accordance with international standards. This will provide assurance to authorities and communities of the company’s adherence to international norms and standards in environmental management.
The report further recommends that states establish independent, transparent and accountable monitoring bodies with investigative and punitive powers in cases of non-compliance. In addition to these monitoring bodies, the role of local communities must be enhanced, particularly in the mine closure process.
Communities have the right to be informed and to have their voices heard when it comes to mine closure plans. Acceptance of these plans by local communities should be based on informed choice rather than ignorance. It would greatly benefit the process if communities were represented in consultative forums and decision-making structures related to mine closure. This inclusion ensures that community perspectives are considered and that their concerns are addressed, leading to more informed and accepted closure plans.
Finally, autonomous bodies must be established to run social investment programs on behalf of mining companies. This will enhance the chances of sustainability beyond mining operations and facilitate access to resources beyond those of the mining companies.
Ultimately, the findings of the report underscore the necessity for a regional mine closure policy that prioritises both environmental protection and the socio-economic well-being of affected communities, ensuring that the true costs of mining are recognised and mitigated.
Ropafadzo Maphosa is an LLD Candidate in Public International Law at the University of Johannesburg where she completed her LLB and LLM in Human Rights Law (With Distinction) in 2019. Ropafadzo is currently a researcher at the South African Institute for Advanced Public, Human Rights and International Law, a centre of the University of Johannesburg. She also serves on the editorial boards of the African Law Matters blog and the Constitutional Court Review.
Thato Gaffane holds a Bachelor of Laws (LLB) from the University of South Africa and a Master of Laws (LLM) in Human Rights Law from the University of Johannesburg. They (preferred pronoun) are an attorney in the Environmental Rights Programme of Lawyers for Human Rights and were recognised as one of Mail & Guardian’s 200 Young South Africans in 2024.