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Safeguarding rights of mining communities in South Africa: an analysis of the legal mechanisms in force with a particular focus on community development agreements
The benefits of Mineral resources must be distributed equitably and sustainably among all mining stakeholders including mining communities. Sustainable mining practices extend to the promotion of socio-economic development of local communities affected by mining activities. Mining communities often...
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| Format: | Thesis |
| Language: | English |
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Department of Private Law
2021
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| _version_ | 1867613648398057472 |
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| access_status_str | Open Access |
| author | Mugo, Tabitha Muthoni |
| author2 | Mostert, Hanri |
| author_browse | Mostert, Hanri Mugo, Tabitha Muthoni |
| author_facet | Mostert, Hanri Mugo, Tabitha Muthoni |
| author_sort | Mugo, Tabitha Muthoni |
| collection | Thesis |
| description | The benefits of Mineral resources must be distributed equitably and sustainably among all mining stakeholders including mining communities. Sustainable mining practices extend to the promotion of socio-economic development of local communities affected by mining activities. Mining communities often bear the brunt of the negative effects of mining, which include environmental degradation and interruption of social and cultural norms. In recent times, mining communities have increasingly raised concerns and complaints in opposition to the commencement of mining projects or ongoing mining projects where mining companies have failed to fulfil their end of the bargain. For example, in South Africa, the unrest leading to the unfortunate events at Marikana in 2012 led to significant scrutiny on the role of mining companies in the socio-economic development of mine labourers and mining communities. In particular, the effectiveness of Social and Labour Plans was brought under scrutiny. Additionally, the Constitutional Court has recently adjudicated cases relating to the relationship between mining companies and mining communities whereby the need for meaningful consultation with mining communities before the grant of a mining license was emphasized. This dissertation analyses whether the legal framework in South Africa adequately safeguards the rights of mining communities. Further, it considers whether the mechanisms put in place in the mining legal and regulatory framework, for example, the requirement of consultation with interested and affected parties, sufficiently protect mining communities. A proposal is made for the incorporation of Community Development Agreements into the legal framework to safeguard mining community rights for the following reasons. First, the agreement provides legally binding obligations for both parties. Secondly, it serves a powerful mechanism in sharing the benefits of mining. Thirdly, it provides a clear structure for the mitigation of some of the negative impacts of mining through socio-economic development of mining communities. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/33839 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:39:29.446Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Department of Private Law |
| publisherStr | Department of Private Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/33839 Safeguarding rights of mining communities in South Africa: an analysis of the legal mechanisms in force with a particular focus on community development agreements Mugo, Tabitha Muthoni Mostert, Hanri Cramer, Richard Henry Private Law The benefits of Mineral resources must be distributed equitably and sustainably among all mining stakeholders including mining communities. Sustainable mining practices extend to the promotion of socio-economic development of local communities affected by mining activities. Mining communities often bear the brunt of the negative effects of mining, which include environmental degradation and interruption of social and cultural norms. In recent times, mining communities have increasingly raised concerns and complaints in opposition to the commencement of mining projects or ongoing mining projects where mining companies have failed to fulfil their end of the bargain. For example, in South Africa, the unrest leading to the unfortunate events at Marikana in 2012 led to significant scrutiny on the role of mining companies in the socio-economic development of mine labourers and mining communities. In particular, the effectiveness of Social and Labour Plans was brought under scrutiny. Additionally, the Constitutional Court has recently adjudicated cases relating to the relationship between mining companies and mining communities whereby the need for meaningful consultation with mining communities before the grant of a mining license was emphasized. This dissertation analyses whether the legal framework in South Africa adequately safeguards the rights of mining communities. Further, it considers whether the mechanisms put in place in the mining legal and regulatory framework, for example, the requirement of consultation with interested and affected parties, sufficiently protect mining communities. A proposal is made for the incorporation of Community Development Agreements into the legal framework to safeguard mining community rights for the following reasons. First, the agreement provides legally binding obligations for both parties. Secondly, it serves a powerful mechanism in sharing the benefits of mining. Thirdly, it provides a clear structure for the mitigation of some of the negative impacts of mining through socio-economic development of mining communities. 2021-08-25T13:21:01Z 2021-08-25T13:21:01Z 2021 2021-08-25T12:33:42Z Master Thesis Masters LLM http://hdl.handle.net/11427/33839 eng application/pdf Department of Private Law Faculty of Law |
| spellingShingle | Private Law Mugo, Tabitha Muthoni Safeguarding rights of mining communities in South Africa: an analysis of the legal mechanisms in force with a particular focus on community development agreements |
| thesis_degree_str | Master's |
| title | Safeguarding rights of mining communities in South Africa: an analysis of the legal mechanisms in force with a particular focus on community development agreements |
| title_full | Safeguarding rights of mining communities in South Africa: an analysis of the legal mechanisms in force with a particular focus on community development agreements |
| title_fullStr | Safeguarding rights of mining communities in South Africa: an analysis of the legal mechanisms in force with a particular focus on community development agreements |
| title_full_unstemmed | Safeguarding rights of mining communities in South Africa: an analysis of the legal mechanisms in force with a particular focus on community development agreements |
| title_short | Safeguarding rights of mining communities in South Africa: an analysis of the legal mechanisms in force with a particular focus on community development agreements |
| title_sort | safeguarding rights of mining communities in south africa an analysis of the legal mechanisms in force with a particular focus on community development agreements |
| topic | Private Law |
| url | http://hdl.handle.net/11427/33839 |
| work_keys_str_mv | AT mugotabithamuthoni safeguardingrightsofminingcommunitiesinsouthafricaananalysisofthelegalmechanismsinforcewithaparticularfocusoncommunitydevelopmentagreements |