Legal issues concerning mine closure and social responsibility on the West Rand
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Date
2009Author
Van Eeden, Elize S
Liefferink, M
Durand, J F
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Mining and, especially, gold and uranium mining have played a major role in
the economy, history, and demography of South Africa. The contribution of the mines to
the economy of South Africa over the past century has been overvalued, while the social
injustices and negative environmental impacts that accompanied mining have been
underplayed or ignored by the mining houses and government. The environmental
situation has worsened significantly over the past few years due to the abandonment
and pending closure of most of these mines. A reluctance is perceived on the part of the
mining companies, and even government, to take responsibility for the damage caused
by pollution, ecological degradation, and impact on human health by mining. Instead,
the current informal policy appears to take smaller companies to court on minor
environmental injustices to, perhaps, impress the broader public, while one of the
biggest environmental concerns is stylishly treated. The inability of government to
address the damage by mines effectively is in conflict with the National Water Act, the
National Environmental Management Act, the Mineral and Petroleum Resources Act, the
National Nuclear Regulator Act, and the Constitution of South Africa. The authors
propose a multidisciplinary approach to address water-related environmental injustices
on the West Rand and Far West Rand. We also describe the application of the National
Environmental Management Act of South Africa (Act No. 107 of 1998) in the
Wonderfonteinspruit and Tweelopiespruit Catchments and the current water quality
situation.