WHEN POLICY IS NOT ENOUGH: PROSPECTS AND CHALLENGES OF ARTISANAL AND SMALL-SCALE MINING IN SOUTH AFRICA

Pontsho Ledwaba* and Kgothatso Nhlengetwa**

ABSTRACT

As in most countries, artisanal and small-scale mining (ASM) activities are recognised in South Africa. ASM activities first became part of the socioeconomic development agenda of the country in 1994 after the change in government. ASM was identified as an important platform where disadvantaged South Africans can participate and benefit from the mining industry. This is because of the potential benefits that government has sought to support the sub-sector. In the past two decades, several programmes and initiatives have been introduced to promote and advance the sub-sector. In the majority of cases, these interventions failed to facilitate the development of the sub-sector and, to a large extent, its contribution to local economies. This is attributed to a myriad of challenges still facing the sub-sector today. The objective of this paper is to map all the critical developments that took place in the sub-sector in an attempt to develop and deploy appropriate assistance to the sub-sector. The paper assesses their impact, if any, on the growth of ASM in South Africa. With the country into its second decade of democracy, it has become crucial to reflect on past experiences and use them as learning curve to create a new thriving economy.

Keywords: artisanal and small scale mining (ASM), timeline, poverty alleviation, sustainable development, South African mining policy.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i2.2

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* Corresponding author, Pontsho Ledwaba, Research Engineer, Small-Scale Mining and Beneficiation (SSMB) Division, MINTEK, 200 Malibongwe Drive Randburg, 2125, Republic of South Africa, Tel: +27 11 709 4337, email: pontshol@ mintek.co.za.

** Ph.D Candidate, School of Geosciences, University of the Witwatersrand, Johannesburg, Private Bag 3, WITS, 2050, Republic of South Africa, Tel: +27 11 717 6623, E-mail: kgothatso.nhlengetwa@students. wits.ac.za.

REFUGEE RIGHTS IN SOUTH AFRICA: ADDRESSING SOCIAL INJUSTICES IN GOVERNMENT FINANCIAL ASSISTANCE SCHEMES

Callixte Kavuro*

ABSTRACT

The political debate on exclusion of refugees and asylum-seekers from socio-economic benefits and opportunities is arguably underpinnned by assumptions, fallacies and misconceptions that a higher number of refugees are not “genuine.” Rather they are bogus refugees who are in South Africa to seek a better life. That belief has a dire consequence of treating refugee students as ‘international students” at higher learning institutions, resulting in depriving refugees and asylum-seekers of the right to education and training and of other social opportunities. These assumptions fly in the face of international refugee law principles that refugees and asylum-seekers are to be accorded ‘treatment as favourable as possible’ with respect to tertiary education. Thus, the main objective of the paper is to argue for favourable extension of student financial aid and assistance to refugees and asylum-seekers in South Africa for educational purpose in line with the principles of fair and equitable treatment under international law. The paper depends largely on the concept of social justice and the philosophy of Ubuntu (which means to be humane toward others). It argues that practicalizing Ubuntu demands a distributive justice system to ensure that the most vulnerable people have access to certain primary goods and they are afforded social opportunities to realise the most fulsome life. In so doing, the paper draws legal distinctions between two often-confused concepts vis a refugee student and an international student though the discussion of the two distinct regimes that regulate their sojourn in South Africa, namely the Refugees Act 130 of 1998, as amended and the Immigration Act 13 of 2002, as amended.

Keywords: Refugee, Ubuntu, social justice, rights, immigration, asylum.

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* Dip. Journ (CMC); LLB (Western Cape); LLM (Capetown); LLD Candidate (Stellenbosch). Email address: callixtekav@gmail.com.

THE PROSPECTS AND CHALLENGES OF THE PROPOSED CARBON TAX REGIME IN SOUTH AFRICA: LESSONS FROM THE NIGERIAN EXPERIENCE

Gbenga Akinwande*

ABSTRACT One of the policy instruments canvassed for the reduction of greenhouse gases (GHGs) is carbon tax. Carbon tax- an economic instrument which levies taxes on the carbon content of goods and services, is increasingly getting popular among policy makers worldwide. South Africa is one of the countries with advanced plans to adopt carbon tax as a way of reducing and discouraging the emission of GHGs. This paper analyses the proposed carbon tax in the light of South Africa’s commitment under the United Nations Framework Convention on Climate Change (UNFCCC). What lessons can South Africa learn from a similar environmental tax regime previously adopted in Nigeria?

Keywords: Carbon Tax, South Africa, Nigeria, GHGs, United Nations Framework Convention on Climate Change