Harmonisering van mynbouwetgewing in die SAOG
The purpose of this study was to determine whether it is possible to harmonize mining legislation in the SADC region and if it is possible, to make recommendations how the harmonization should take place to be inline with the terms of the SADC Mining Protocol. The Constitutive Act of the AU stipulates that member states should integrate and harmonize policies to promote environmental protection. The African Charter on Human and Peoples Rights stipulates coordination. The SADC's Constitutive Act stipulates harmonization. The Treaty instituting the African Economic Community stipulates harmonization, coordination and integration. The Mining Protocol of SADC got similar stipulations. Various forms of harmonization exist. For purpose of this study, minimum harmonization is the most suitable form because with minimum harmonization a standard is set which member states legislation must satisfy. Legislation does not need to be identical and each country my still draft legislation to fit there own circumstances. For the purpose of this study, harmonization can be defined as the exclusion of opposites in mining legislation and the draft of a communal standard to which legislation must comply. This way no state or person will be advantage or disadvantage. International standards of sustainable development must be promoted and the concept of state sovereignty must be kept in mind. The legislation must 'comply' with each other on the most important aspects in the mining process. This will not come down as integration or coordination because harmonization does not aim to bring legislation together as a hole. There already exists attempts in the AU and SADC to harmonize mining legislation but it is vague and not enforceable. Mining legislation should not only be in accord with the AU and SADC environmental rights and stipulations but a.lso with the constitutions of the different countries. The Mining Protocol determine, among other things, that communication between member states must be promoted and information must be exchanged, member states undertake to adopt and develop international standards of health, mine safety and environmental protection. One of the Protocol's purposes is to assure the sustainability of mineral resources and the protection of the environment. The Mining Protocol does not set specific standards for legislation. There exist international standards for the three phases of mining. Legislation must comply with these standards. Some of the legislation applicable to mining in South Africa is the MPRDA, NEMA and there regulations. In Mozambique it is, among other, the Mining Law, Environmental Regulations for Mining Activities en die Mining Law Regulations. In Tanzania it is, among other, the Mining Act and the Environmental Management Act. There are similarities as well as differences in this countries' legislation. Despite this, the legislation must still be in line with the Mining Protocol. A minimum standard must beset and all member states' legislation must comply to that. The mining Protocol must be adapted to determine that all member states' must comply with these minimum standards and their legislation must be adjust according there to, within a specific time.
- Law