Mining Law and Economic Policy: Critical Perspectives and Challenges for Mining in Africa PDF
Preview Mining Law and Economic Policy: Critical Perspectives and Challenges for Mining in Africa
Mining Law and Economic Policy Critical Perspectives and Challenges for Mining in Africa Edited by Akua Debrah Hudson Mtegha Mining Law and Economic Policy Akua Debrah • Hudson Mtegha Editors Mining Law and Economic Policy Critical Perspectives and Challenges for Mining in Africa Editors Akua Debrah Hudson Mtegha Wits Mining Institute School of Mining Engineering University of the Witwatersrand University of the Witwatersrand Johannesburg, South Africa Johannesburg, South Africa ISBN 978-3-031-07047-1 ISBN 978-3-031-07048-8 (eBook) https://doi.org/10.1007/978-3-031-07048-8 © The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature Switzerland AG 2022 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover pattern © John Rawsterne/ patternhead.com This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG. The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland P reface Mining has undoubtedly played a significant role in African economies fortunate to have mineral resources. However, this has often come at a cost to mining communities who bear the brunt of negative resource impacts and has influenced their ability to self-assert land ownership rights. This book explores the interactions between land law systems and mining regimes, and how over time, a state’s right to vested mineral assets fuels discontent between governments and communities. In the 1960s, when many states in Africa became newly independent, the declaration of Permanent Sovereignty over Natural Resources (PSoNR) was used as a tool by the State to obtain natural rights to land embedded with minerals, despite the existence of customary land arrangements, which placed inalienable rights in customary landowners. It has been over 60 years since the declaration and this edited book takes a comprehensive look at the evolution and implementation of the concept in the context of current mining licensing regimes vis-à-vis customary interpretations of land and sustainable development. It achieves this by using four country case stud- ies (Democratic Republic of Congo, Ghana, Mozambique, and South Africa), where through a comprehensive historical account of mining laws and policies, challenges to mining policy implementation and sustainable development are dissected. Understandably, minerals possess the power to transform economies, but this is dependent on the right interactions between the political and economic dynamics of the mineral-rich state in question, and the checks and balances that allow inclusivity and equal partnerships with communities and their sustainable development. Thus, v vi PREFACE the book’s goal is to fill three needs within the mining policy literature in Africa: (1) provide a comprehensive analysis with historical accounts of mining laws and policies; (2) identify current mining sector challenges and its interlinkages with older issues of customary land law complexities; and (3) discuss the limitations of PSoNR and whether regional frameworks such as the Africa Mining Vision provide a way out of mining challenges in the twenty-first century. A unique case is presented in the South African context where owners of the land are also mineral rights holders, and this has resulted in a successful partnership for achieving Sustainable Development and in uplifting communities. Johannesburg, South Africa Akua Debrah Johannesburg, South Africa Hudson Mtegha c ontents 1 Introduction 1 Akua Debrah and Hudson Mtegha Part I Mining Laws and Policies in Selected African Countries 17 2 Democratic Republic of Congo 19 Claude Kabemba 3 Ghana 37 Charles Afeku and Akua Debrah 4 Mozambique 59 Salvador Mondlane Jr, Maria Marcelina Joel, and Latifa Rijal Ibraimo 5 South Africa I 75 Nokuhle Madolo-Mtegha 6 South Africa II 93 Thibedi Ramontja and Sunday Mabaso 7 South Africa III 115 Sivalingum V. Rungan vii viii CONTENTS Part II Regional Approaches to Mining, Sustainable Development and Permanent Sovereignty over Natural Resources 135 8 Regional Perspectives and the Africa Mining Vision 137 Innocent Nozuko Mani and Hudson Mtegha 9 Conclusions 151 Hudson Mtegha and Akua Debrah Index 157 n c otes on ontributors Charles Afeku is Advisor to the Director of the African Legal Support Facility (ALSF) in Cote d’Ivoire. Akua Debrah is a Visiting Lecturer at the Wits Mining Institute, University of the Witwatersrand, South Africa. Latifa Rijal Ibraimo is the Legal Advisor of CMH- Companhia Mocambicana dos Hidcarbonetos, Maputo, Mozambique. Maria Marcelina Joel is a Legal Advisor at the Kimberley Process Certification Unit, Ministry of Mineral Resources and Energy, Maputo, Mozambique. Claude Kabemba is the Executive Director of the Southern Africa Resource Watch (SARW), a Pan African Civil Society Organization in South Africa. Sunday Mabaso is the Founder and Director of Vahlengwe Mining Advisory and Consulting (Pty) Ltd, South Africa. Nokuhle Madolo-Mtegha is a Senior Consultant at Magma Inc. Attorneys, South Africa. Innocent Nozuko Mani is the Acting Executive Manager, Mining & Mineral Economics at Mintek, South Africa. Salvador Mondlane Jr is a Professor of Economic Geology at the Eduardo Mondlane University, Maputo, Mozambique. ix x NOTES ON CONTRIBUTORS Hudson Mtegha is a Visiting Adjunct Professor at the School of Mining Engineering, University of the Witwatersrand, South Africa. Thibedi Ramontja is a Senior Lecturer at the University of the Witwatersrand and Chairperson of the Council for Geosciences, South Africa. Sivalingum V. Rungan is currently researching the mining industry and its practices in South Africa.
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