A miner operates drilling machinery in the mine shaft during a media tour of the Sibanye-Stillwater Khuseleka platinum mine, operated by Sibanye Gold Ltd., outside Rustenburg, South Africa on Wednesday, Oct. 16 2019. (Photo: Waldo Swiegers/Bloomberg via Getty Images) With dire warnings that Africa is in the ‘mid-morning’ of impact of the Covid-19 pandemic, the situation in mining communities could lead to a perfect storm scenario – rapid, large-scale infection with ineffective responses. Consultation by government and mining companies with mine-affected communities is critical in weathering the storm.
The Covid-19 pandemic has forced citizens and observers alike to critically analyse governance processes and unpack the levers of power on a national, regional and international level. Many observers worry that the South African extractive sector’s national commitments to improved governance will diminish in response to – and recovery from – the global health and economic crisis, largely because the commitments were never that strong.
There are concerns about heavy-handed government responses and the erosion of civic space, which would lead to reduced accountability in the sector. There are also fears of an increased risk of corruption, as oversight institutions weaken and shady deals loom. Additionally, there are fears about diminishing transparency, with the possibility of reduced commitment to openness as other priorities take precedence during this pandemic.
Civil society organisations (CSOs) working in the mining sector have sought to challenge systemic corruption and human rights violations as experienced by mine-affected communities. Government and industry are all too familiar with communities’ pleas for social justice and a better deal.
In this call for greater accountability, the judiciary has provided a different tone and allowed redress for mine-affected communities to find some expression. This tone, even in such uncertain times, is the only accountability mechanism available to ensure the rights of mine-affected communities.
Courts lend weight to communities’ pleas
The judiciary displayed its impact earlier last month by handing down judgment on the Association of Mineworkers and Construction Union v Minister of Mineral Resources and Energy . The labour court ordered that government is obliged to have “meaningful engagement” with affected communities before publishing a new notice setting out how mines must protect workers.
This judgment came after civil society organisations challenged the Department of Mineral Resources and Energy regulations regarding health and safety guidelines for operating mines and mineworkers during Covid-19. CSOs stated that the reopening of mines during the pandemic has profound implications […]