SPECIAL PRESIDENTIAL PACKAGE REVITALISATION OF DISTRESSED MINING COMMUNITIES

SPECIAL PRESIDENTIAL PACKAGE REVITALISATION OF DISTRESSED MINING COMMUNITIES

SPECIAL PRESIDENTIAL PACKAGE REVITALISATION OF DISTRESSED MINING COMMUNITIES AND LABOUR SENDING AREAS PARLIAMENT PORTFOLIO COMMITTEE PROGRESS REPORT 23 October 2019 1 Contents 1. Introduction and background to the October 2012 Social Accord 2. Progress reports 2.1 Summary of progress since October 2016 IMC 2.2 Integrated Sustainable Human Settlements 2.3 Socio Economic Development 2.4 Improving working conditions and mine community health 2.5 Decent living conditions for mine workers and meaningful contribution to the development trajectory of mining towns and labour sending areas, led by DMR 3. South African Human Rights report- National Hearing on the Underlying Socio-economic Challenges of Mining-affected Communities in South Africa 4. Conclusions 2 1. Introduction and background to the October 2012 Social Accord In October 2012 the President led the signing of a Social Accord (not confined to the

mining industry) with Government, Business and Labour referred to as the Special Presidential Package (SPP) which made a number of commitments : Part 1: Restoring confidence in labour market institutions, addressing income inequalities and building social cohesion Part 2: Action to combat violence and lawlessness Part 3: Addressing socio-economic challenges 3 IMC for the Revitalisation of Distressed Mining Communities In late 2012, an Inter Ministerial Committee for the Revitalisation of Distressed Mining Communities was established to address Part 3 of the Social Accord (SPP): Addressing socio-economic challenges in mining districts and their labour sending areas. The IMC has focused on: Integrated and sustainable human settlements Improved socio-economic conditions Improved working conditions of mine workers Decent living conditions for mine workers and meaningful contribution to the

development trajectory of mining towns and labour sending areas 4 IMC core and supporting Ministries for the Revitalisation of Distressed Mining Towns Chair: Minister of Planning, Monitoring and Evaluation in the Presidency 5 Priority mining towns Communities for the Revitalisation of Distressed Mining Twenty one local mining municipalities in seven provinces have been prioritised for the revitalisation of distressed mining communities. PROVINCE DISTRICT MUNICIPALITY LOCAL MUNICIPALITES Limpopo

Sekhukhune Waterberg Gauteng West Rand North West Bojanala Mpumalanga Free State Northern Cape Dr. Kenneth Kaunda Nkangala Lejweleputswa John Taolo Gaetsewe LIM 476, Elias Motsoaledi Lephalale, Mogalakwena ; Thabazimbi Rand West, Mogale City, Merafong Rustenburg, Moses Kotane,

Madibeng; Kgetleng Rivier City of Matlosana Emalahleni, Steve Tshwete Matjhabeng Ga-segonyana, Gamagara, Kgatelopele, Tsantsabane Khai-Ma Namakwa 6 Twelve Priority Labour Sending Areas for the Revitalisation of Distressed Mining Communities Twelve labour sending areas in two provinces have been prioritised for the revitalisation of distressed mining communities PROVINCE DISTRICT MUNICIPALITY LOCAL MUNICIPALITY Eastern Cape

OR Tambo King Sabata Dalindyebo, Nyandeni, Nquza Hill, Mhlontlo, Port St Johns Kwa-Zulu Natal Alfred Nzo Mbizana, Ntabankulu Zululand AbaQulusi, eDumbe, Nongoma, Ulundi, uPhongolo 7 Categorisation of mining operations in distressed mining towns Categorisation Dawn Mining (Elias Motsoaledi, Kgetleng Rivier, Moses Kotane)

Description Prospecting analysis is underway. There is certainty of mineral deposits. Operations have been set up but have been in existence for less than five years. Infrastructure and visible development impact are limited. Future planning is required to address growth. Sunrise Mining (Mogalakwena, Tubatse / Fetakgomo, Lephalale, Tsantsabane, Joe Morolong, Ga-Segonyana) Operations are steady. Infrastructure development is up-scaling. Development impact is becoming increasingly visible. Operations in these municipalities have been in existence for more than five years. There is potential for retrofit interventions. Robust planning is required to address rapid growth, influx and new settlement patterns and formation. Mid-Life Mining Operations are stable and the largest productions of minerals are occurring. (Madibeng, Rustenburg, Emalahleni, Operations are half-way into their lifespans. There has been impressive Steve Tshwete, Thabazimbi, growth and established settlement patterns over recent years, indicating the Gamagara, Kgatelopele, Khai-Ma) potential for infrastructure re-investment. There is potential for retrofit Sun-Set / Twilight Mining (Rand West, Mogale City, Merafong City, Matlosana and Matjhabeng)

Operations have ceased, operations are winding down or there is imminent closure (in some cases with Closure Plans). High prevalence of mining legacy assets and infrastructure. There is potential for retrofit interventions. There is a need for joint interventions between mining companies and government for economic diversity, legacy infrastructure, and distressed assets. 2. Progress reports 9 2.1. Integrated Human Settlements (1) 1) Purpose: The integrated human settlements intervention in mining towns programme is focused on: Fasttracking the existing project pipeline, development and implementation of human settlement transformation strategies and plans for each mining town and the formation of partnerships with mining companies 2) Challenges: Legislation and policy challenges, Informal settlements and the living out allowance , the delivery of bulk infrastructure cannot keep pace with housing demand 3) Solutions reviewed/implemented: Various mine-worker employer assisted housing models, dialogue with stakeholders on defining, advancing and monitoring the right to adequate housing in mining towns , state assisted mineworker financial model by government 10 2.1. Integrated Human Settlements (2) In 2013/14 government ring-fenced (HSDG) an amount of R2.1 billion for informal settlement upgrading for prioritised mining towns allocated over the Medium Term Expenditure Framework

(2014/15- 2018/19). Over the period a total of 13 657 sites and 307 304 units were delivered. Total expenditure was R6 935 841 For the 2018/19 F/Y the Department of Human Settlements had focused intervention on the following: Informal settlement upgrading land use management Extension and sharing of bulk infrastructure to support basic services Increasing home ownership and rental housing opportunities

Partnerships with mining companies 11 Province Free State Total Gauteng Annual Target Sites Units Ring Fenced amounts (R000) Sites Units 2014/15 2015/16

2016/17 2017/18 2018/19 2168 0 967 1029 1323 5487 Sites 1140 780 2208 2956 501 7585 Units 222 606 150 365 101 000 83 100 66 200 623 271

Ring Fenced amounts (R000) 13 0 0 0 0 13 Sites 250 1683 2115 2982 0 7030 Sites 300 1751 3155 4979 663 10848 Units

44 847 264 887 123 700 128 600 151 400 713 434 Ring Fenced amounts (R000) 3209 3990 2745 1745 1758 13447 1140 780 2208 2956 501 19052 994 973 378 326

162 800 133 800 143 300 1 804 199 Year Year 2014/15 2015/16 2016/17 2017/18 2018/19 Total Delivery performance Year 2014/15 2015/16 2016/17 2017/18 2018/19 Total

Mpumalanga Financial inputs Financial outputs other Expenditure (R000) 429 1339 1127 222 102 3219 Units 237 237 other 68 968 210 193 158 616 143 167 131 035

711 979 Expenditure (R000) 0 0 0 0 0 0 Sites 0 0 0 1889 893 2782 Units 0 other 0 0 0 91 201

181 969 273 170 Expenditure (R000) 0 3500 3138 0 600 7238 1532 1856 867 1429 3814 9498 237 0 242 329 337 685 297 427 459 253 485 299

1 821 993 Province Northern Cape Year 2014/15 2015/16 2016/17 2017/18 2018/19 Total North West Year 2014/15 2015/16 2016/17 2017/18 2018/19 Total Limpopo Year 2014/15 2015/16

2016/17 2017/18 2018/19 Total Grand total Annual Target Sites Units 247 390 1360 600 400 2997 Sites 299 93 64 102 329 887 Units

559 3383 3104 2896 1786 11 728 Sites 3373 4130 4908 5526 3197 21 134 Units 501 4499 1294 1612 2004 9910 50 599 2127 2098

2910 2124 964 10 223 69 729 Financial inputs Ring Fenced amounts (R000) 49 122 59 300 33 500 29 200 136 100 307 222 Ring Fenced amounts (R000) 231 170 1 041 490 585 000 443 800 346 500 2 647 960 Ring Fenced amounts (R000) 274 290

381 114 66 000 81 300 165 200 967 904 7 063 990 Delivery performance Sites Units other Financial outputs Expenditure (R000) 0 0 1002 0 240 1242 Sites 0 494

42 33 778 1347 Units other 9668 53 500 22 509 86 355 190 436 362 468 Expenditure (R000) 0 1435 1128 0 600 3163 Sites 2077 4376

3388 3043 2192 15 076 Units 701 701 other 167 512 606 477 649 789 1 071 662 484 751 2 980 191 Expenditure (R000) 0 0 1275 726 0 2001 13 657

0 1452 1761 887 1291 5391 37 304 938 0 154 315 233 262 186 035 212 428 786 040 6 935 841 2.1. Integrated Human Settlements- Informal settlement upgrading (3) Total number of informal settlements in municipalities with mining communities that have been identified, assessed and categorized and are receiving HSDG and NUSP support is 369 Categorization of Informal Settlements A: Full Upgrading: Full Conventional Upgrade consisting of full services, top structures and formal tenure (i.e. formalization where appropriate) 62 informal settlements B1:Incremental Upgrade: Essential Services (leading to eventual formalisation) where informal settlement sites are viable and

appropriate but where such formalization/full upgrading is not imminent 125 informal settlements B2: Deferred Relocation: Emergency Services for informal settlement sites where long-term formalization (full upgrading) is not viable or appropriate but relocation is not urgent or possible) 58 informal settlements C: Immediate Relocation: As a last resort for settlements where there are urgent health or safety threats which cannot be mitigated and an alternative relocation destination is readily available 124 informal settlements Upgrading Plans have been developed for most of the local municipalities where applicable except for Kgetlengrivier, Mogalakwena, Gamagara, Khai-Ma and Joe Morolong. It is envisaged that these will be developed during the 2019/20 financial year. Resettlement Plans have also been developed for all local municipalities where applicable. 2.1. Integrated Human Settlements- Implementation Protocols (4) In May 2018, NDHS finalized a process of developing Implementation Protocols (IPs) for the Revitalization of Distressed Mining Communities Programme, to be signed by the three spheres of government. The purpose of the IPs is two-fold: a) To ensure that the three spheres of government collaborate jointly with mining operators within the relevant municipal jurisdictions; and b) To ensure alignment and mutual, beneficial and balanced development facilitation funding and prioritization of human settlements interventions, taking into account the SLPs of mining companies. As part of the process of developing the IPs, NDHS convened a series of high-level consultative roundtable engagements with relevant HODs and MMs, as well as the Housing Development Agency. 2.1. Integrated Human Settlements- Implementation Protocols (5) During the 2018/19 financial year, IPs for the following Local Municipalities were signed by the DG of the NDHS, relevant HODs of Human Settlements Departments, relevant MMs, and

the CEO of HDA: a) Limpopo Province: LIM 476 LM, Elias Motsoaledi LM, Thabazimbi LM, Mogalakwena LM; b) Gauteng Province: Rand West City LM, Mogale City LM, Merafong LM; c) Northern Cape Province: Gamagara LM, Tsantsabane LM, Kgatelopele LM, Ga-Segonyana, Joe Morolong LM, Khai-Ma LM. It is envisaged that the IPs for the remainder of municipalities will be signed during the 2019/20 financial year. 2.1. Integrated Human Settlements (6) Implementation framework agreements between the department of human settlements and mining companies: In March 2019, the Minister of Human Settlements liaised with Chairpersons and CEOs of various mining companies The aim was to expedite the conclusion of Implementation Framework Agreements between the mining companies and the Department of Human Settlements, to enable entering into Project Delivery Agreements. Project partnership discussions are at an advanced stage with the following mining companies and relevant spheres of Government: Anglo American Platinum - joint partnership project in Northam in Thabazimbi Local Municipality; Northam Platinum joint partnership project in Northam in Thabazimbi Local Municipality; South 32 joint partnership for the development of a human settlements approach to legacy infrastructure and distressed assets in Steve Tshwete Local Municipality; and Royal Bafokeng Platinum joint partnership project in Rustenburg Local Municipality During the first quarter of the 2019/20 financial year, NDHS will finalize a proposed Implementation Framework for engagement with the various mining companies, with the view of entering into Project Delivery Agreements during the remaining quarters of the financial year. 2.1. Integrated Human Settlements (7)

Priority Housing Development Areas (PHDAs) In May 2019, the Minister of Human Settlements published notice of proposed PHDAs These are intended to advance human settlements spatial transformation and consolidation by ensuring that the delivery of housing is used to restructure and revitalize towns and cities, strengthen the livelihood prospects of households and overcome apartheid spatial patterns by fostering integrated urban forms. This will also respond to the objectives of the SPP through implementing human settlements spatial transformation plans in identified municipalities with distressed mining communities. Special human settlements intervention for Khutsong township in Merafong Local Municipality The Merafong SDF (2016-2021) recommends the settlements of Welverdiend, Khutsong, Khutsong South and Carletonville be relocated due to unsafe geological conditions (classified as high risk) Accordingly, NDHS has mandated Housing Development Agency to provide urgent support to Merafong Local Municipality in order to address the human settlements distress and high risk environment in Khutsong Township. 2.2. Socio-economic development (1) Purpose: A need to diversify local economies and regional economies in both mining towns and labour sending areas, to develop other economic opportunities during and beyond the life of mines Challenges: Mining towns have traditionally relied on a single economic sector i.e. mining. Mining municipalities with lack of Local Economic Development (LED) plans; developmental projects; un-diversified economies, inadequate economic infrastructure, and insufficient Public Private Partnerships (PPPs) to drive economic development. Incoherencies between MPRDA & MSA on community engagements for priority needs. Gaps in the SLP-IDP-Community Engagement Value Chain.

19 2.2. Socio-economic development (2) Limited Transparency on SLPs leading to bigger trust deficit and limited oversight over their implementation Lack of Coordination between DMR and Municipalities creating loopholes in the oversight of mining SLP reviews and mine closures. The Mines Social and Labour Plans (SLPs) positive impact on long-term development planning and is reliant on strong municipal Integrated Development Plans (IDPs). The Mineral and Petroleum Resources Development Act (MPRDA) Regulations state that all planned development projects should be aligned to the Integrated Development Plans IDPs of the local municipality 20 2.2. Socio-economic development (3) The Ministers of Mineral Resources and Cooperative Governance and Traditional Affairs have met to discuss issues related to: misalignment issues between mining companies, municipalities and communities. Development of a collaboration framework to address the misalignment particularly between the IDP and

SLP Framework to define the process (how should SLPs be informed by IDPs) Pooling of funds (where more than one mining company operating in a community) Mines should be working with municipalities to drive the development agenda. Clarify the role of Traditional Authorities in the value chain The role of LG in implementation & monitoring of SLPs Explore opportunities to re-direct the mining resources to strategic investments in municipalities e.g. Anglo American in Thabazimbi

2.2. Socio-economic development (4) DCOG undertook a project to capacitate 9 mining municipalities to plan and implement catalytic LED projects in their area of jurisdiction DCoG has developed a guideline document that municipalities can use to achieve successful stakeholder engagement and management which will ultimately lead to effective partnerships with mining houses The DPME is supporting the Northern Cape Provincial Government in implementing a shared value project. This is a partnership spearheaded by four mining companies in the province, to collaborate with the provincial and local government on socio-economic development projects that aim to produce greater impact in the province, through effective and efficient implementation of Social and Labour Plans. This project will focus on skills development/education; health care; industrialization and connectivity Learnings from this can become a national case study for improved partnerships between mining companies, and provide more value to the communities they operate in. 22 2.3. Improving working conditions and mine community health (1) Purpose: To provide co-ordinated stakeholder support in ensuring health services, products and retirement benefits are made easily accessible to current and ex-mineworkers Challenges: Mine workers operate under challenging working conditions which exposes them to numerous occupational diseases such as TB, Silicosis, and injuries. Generally inadequate compensation is provided, especially to ex-mineworkers. Ex- mineworkers experience great difficulty in accessing health compensation and retirement benefits. These occupational diseases have created

unhealthy conditions in mining communities and labour sending areas in which people are born, grow, work, live and age; thus influencing a wider set of forces and systems shaping the conditions of their daily lives. 3) Solutions reviewed/implemented: Integration of the compensation systems on occupational health and safety (COIDA and ODIMWA), improving mine health and safety, tracking and tracing and paying ex-mineworkers their health compensation and retirement benefits 23 2.3. Improving working conditions and mine community health (2) The Department of Health has focused on mine worker compensation Outreach programmes are being implemented, such as awareness campaigns, fixed and mobile medical units, targeted at ex-mineworkers. Approximately 80 000 ex-mine workers have been reached in the past 4 years There are 4 One Stop Service Centres in South Africa (Mthatha, Carltenoville, Kuruman and Burgersfort) 10 other One Stop Centres in other countries have been opened, with funding from the Global Fund for AIDS, TB, and Malaria In the last 3 years, the Compensation Commissioner for Occupational Diseases (CCOD) had paid 20 000 claimants approximately R600m 24 2.3. Improving working conditions and mine community health (3) 25

2.3. Improving working conditions and mine community health (4) 26 2.3. Improving working conditions and mine community health (5) 27 2.3. Improving working conditions and mine community health (6) Integration of compensation systems- Compensation for Occupational Injuries and Diseases Act (COIDA) and Occupational Diseases in Mines and Works Act (ODMWA). A new model has been proposed as follows that will be utilised over the next 30 years: New mineworkers to be covered under COIDA Department of Employment and Labour Current and ex-mineworkers covered under ODMWA- Department of Health The ODMWA legislation will require changes towards a new governance, administration and service delivery model, and new financing arrangements. Class action law suits An out of court settlement has been reached between the Gold Working Group (African Rainbow Minerals; Anglo-American SA; Anglo-Gold Ashanti; Gold Fields; Harmony and Sibanye Stillwater) and Class action lawyers, with ratification from the High Court in July 2019. A Trust has been established to administer the settlement of R5 billion It covers TB and Silicosis claimants, dating back to 1965 28 2.4. Decent living conditions for mine workers and meaningful

contribution to the development trajectory of mining towns and labour sending areas (1) 1)Purpose: To ensure regulatory compliance and to steer the mining industry towards a sustainable development trajectory. 2) Challenges: Appalling living conditions in mining towns Inadequate infrastructure (electricity) to unlock the mineral development potential of the country Strengthening of IDPs and aligning IDPs with SLPs. Mining towns are characterized by low literacy and numeracy levels, perceived mining companys non-compliance with the EMPs Perceived mining companys non-compliance with the SLPs and the Mining Charter 29 2.4. Decent living conditions for mine workers and meaningful contribution to the development trajectory of mining towns and labour sending areas (2) Mining Charter, 2018 The Mining Charter 2018 was gazette for implementation in September 2018 after meaningful and extensive consultation process. The publication of the Mining Charter was followed by the publication of the Mining Charter Implementation Guidelines in December 2018. The Mining Charter, 2018 represents the interests of all relevant stakeholders including communities, historically disadvantaged persons, mining companies, employees and Government.

Review of the Housing and Living Conditions Standard The process to review the Housing Standard, 2009 began after the finalization of the Mining Charter and its implementation guidelines. The draft reviewed Housing Standard was published for public comment in May 2019. Written submissions were considered and consultation conducted with relevant stakeholders i.e organized labour, organized business, SALGA, Department of Human Settlement, Water and Sanitation. The review process is at an advanced stage, DMRE has submitted a final SEIAS for DPMEs sign off. 30 South African Human Rights report- National Hearing on the Underlying Socio-economic Challenges of Miningaffected Communities in South Africa (1) A national hearing was undertaken between September and November 2016 Focused on the mining industry and the social and economic challenges in mining communities. The Commission recognises the role of mining towards transforming social and economic development; potential economic growth; reducing poverty; increasing investment; & employment opportunities However, the negative impacts of mining undermine the potential benefits and opportunities 31 South African Human Rights report- National Hearing on the Underlying Socio-economic Challenges of Miningaffected Communities in South Africa (2) Prioritisation of social and environmental needs in the regulatory and

policy framework governing South Africas mining industry is crucial to ensuring equitable access to the benefits of resource development and addressing the underlying socio-economic challenges experienced by mining-affected communities Findings of the hearing have been communicated to affected departments for implementation, monitored by the SAHRC. 32 South African Human Rights report- National Hearing on the Underlying Socioeconomic Challenges of Mining-affected Communities in South Africa (3) Findings per theme: Land use management The Commission finds that a considerable gap exists in the mining licence application process, where mining companies, the Department of Mineral Resources (DMR) and the Department of Rural Development and Land Reform (DRDLR) appear to systematically disregard key pieces of legislation, particularly the Municipal Systems Act, 32 of 2000, the Spatial Land Use Management Act, 16 of 2013 (SPLUMA), and the Interim Protection of Informal Land Rights Act, 31 of 1996. Need for municipalities to be consulted throughout the licence application process to enable them to provide for integrated and sustainable land use systems. Municipalities should fulfill their mandates and ensure that zoning requirements are met Improved inter-governmental cooperation is necessary to ensure that due consideration is given to the risk posed to local, regional and national food security, environmental resilience, and social and economic development by potential mining activities. consideration must be given to determining local government investment and development priorities and that broad-based and diversified local economies should be encouraged.

33 South African Human Rights report- National Hearing on the Underlying Socio-economic Challenges of Mining-affected Communities in South Africa (4) Relocation and Compensation Compensation should not be limited to land properties as this is below global industry standards Relocation and compensation should consider economic displacement and impoverishment within mining-affected communities loss of life, loss related to communal and individually held tenure or title, production value gained from the land, There are no formal guidelines or oversight provided for the calculation of compensation and the finalisation of compensation agreements. The DRDLR has failed to monitor compliance with, or enforcement of, lease and compensation agreements and that a lack of transparency and access to information allows the potential for abuse of power and non-compliance. Potential infringement of cultural and other human rights as a result of inappropriate grave relocation practices that are carried out by mining companies. 34 South African Human Rights report- National Hearing on the Underlying Socioeconomic Challenges of Mining-affected Communities in South Africa (5) Mining in sensitive and protected areas Lack of information about the monitoring of mining activities in protected areas Mining licences should be granted only in exceptional circumstances, under restricted conditions, and following public consultation.

Rehabilitation and closure Mining companies must provide sufficient information to enable communities and local governments to clearly understand how land can be used post-closure. The DMR has not taken adequate steps to secure financial provision for rehabilitating damage to the environment and water resources The Commission finds that there is an immediate need for legislative provisioning for standardised and realistic closure costing, concurrent rehabilitation, partial closure as well as the establishment of a superfund to cater for rehabilitation-related liability 35 South African Human Rights report- National Hearing on the Underlying Socioeconomic Challenges of Mining-affected Communities in South Africa (6) Housing Failure by mining companies, in close consultation with local government, to adequately address anticipated levels of migration and population growth in initial assessments undertaken during mining licence applications, Failure by the DMR to take this information into account when authorising mining rights This contributes to inadequate planning and budgeting for housing at the local level. Failure to integrate housing-related planning interferes with existing access to adequate housing, this constitutes a violation of the negative duty imposed by section 26(1) of the Constitution on all persons, including mining companies, to refrain from impeding existing access to adequate housing. 36

South African Human Rights report- National Hearing on the Underlying Socioeconomic Challenges of Mining-affected Communities in South Africa ((7) Water There is an immediate need for WULs to incorporate more stringent measures to better protect Communities water rights and the environment. The DWS with local government should address the problem of aging water infrastructure in mining-affected municipalities Noting the fundamental right to access adequate water (and sanitation) of a quality fit for human consumption and use, the Commission finds that the WUL must be reviewed to allow for rights assertion where terms and conditions of such WUL can reasonably be anticipated to adversely impact the rights of affected communities to access water. There is a compelling need for meaningful consultation and information sharing in respect of applications for WULs, and audit and impact reports relating to WULs to increase transparency, and accountability in respect of the use of this scarce resource. 37 South African Human Rights report- National Hearing on the Underlying Socioeconomic Challenges of Mining-affected Communities in South Africa (8) Environment One Environmental System The Commission finds that discrepant approaches in the application of environmental management laws and limited oversight of environmental management across multiple sectors are cause for concern. The Commission finds that the DMR is not the appropriate authority for granting and enforcing environmental authorisations with respect to mining. The Commission acknowledges that there are several risks in dealing with mining-related environmental matters separately to those of other industries and that environmental management and impact do not

occur in isolation. Nuclear waste management Need to address the lack of clarity concerning the States roles and responsibilities in the remediation of contaminated mine sites, particularly where such sites have been abandoned. The State must prioritise funding for the National Nuclear Regulator (NNR) to undertake remediation activities 38 South African Human Rights report- National Hearing on the Underlying Socio-economic Challenges of Mining-affected Communities in South Africa (9) Air Quality and blasting The Commission finds that the lack of regulation around blasting operations Propensity for blasting operations to negatively impact communities and the environment Industry bodies, such as the Chamber of Mines (CoM), are not duly active in monitoring behavioural trends within the industry or guiding members on best practice concerning blasting operations. The Commission identifies an immediate need for the DMR, as the competent authority responsible for developing regulations, to take urgent action to address this gap. Prior to conducting blasting operations, appropriate safety mechanisms must be in place to prevent property damage and any risk to persons health and safety. Mining companies should conduct ongoing engagements to ensure that such operations occur in a manner that has the least impact on people and the environment 39

South African Human Rights report- National Hearing on the Underlying Socio-economic Challenges of Mining-affected Communities in South Africa (10) Social and Labour Plans The current social and labour plans (SLP) system does not adequately address the negative impacts of mining activities; Inability of SLPs to drive socio-economic transformation in mining-affected communities. The process of developing SLPs should be consultative, and should respond to input by communities and local government regarding required socio-economic outcomes. The Commission accordingly finds that there is an immediate need for the DMR to develop clear and binding requirements for the content of SLPs and to ensure that they are aligned to EIAs and EMPs and include environmental information on the potential impacts of mining and post-closure quality of land. There is also an immediate need for the DMR to enforce compliance and develop sanctions for those mining companies that fail to comply with their SLP commitments. The Commission finds that the DMR should define the minimum amount of financial contribution towards SLP projects. This amount must be ring-fenced. 40 South African Hum an Rights report- National Hearing on the Underlying Socio-economic Challenges of Mining-affected Com munities in South Africa (11) Meaningful participation There is a need to develop standards to achieve meaningful participation

The Commission finds that the DRDLR has not been sufficiently involved in community consultation processes to assess levels of consensus and consent. There is a need for the establishment of streamlines and representative community forums A large percentage of mining related information, including SLPs, are not currently available to the public where such information should in fact be automatically publicly available in terms of the Promotion of Access to Information Act (PAIA) Compliance, monitoring and enforcement The Commission finds that the existing sanctions for non-compliance with environmental laws and regulations are inadequate and do not address, nor disincentivise, systemic non-compliance in the sector. The Commission finds that there is a lack of mechanisms to monitor compliance and ensure enforcement of SLPrelated obligations. The Commission finds that there is an immediate need for the development and implementation of effective 41 complaints mechanisms by mining companies, the DMR, and local government. 4. Conclusion The Inter-Ministerial Committee on the revitalisation of Distressed Mining Communities and Labour Sending Areas has been abolished. The initiatives and work scope of the programme are still on-going, focused on the areas of: Integrated human settlement in mining towns Monitor implementation of delivery of housing development in mining towns Finalise the housing and living conditions standards for mineworkers Improved mine community health and mine health and safety Monitor compensation of benefits due to current and ex-mineworkers. Mine closure and economic diversification Finalisation of strategies aimed at effective mine closure on mine communities Determining approaches that will enable diversification of the local economy Mineral regulation and compliance monitoring Overall monitoring of compliance of the mining sector to approval conditions

42 43

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