WRITTEN SUBMISSIONS TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION FOR THE NATIONAL INVESTIGATIVE HEARING ON THE UNDERLYING SOCIO-ECONOMIC CHALLENGES IN MINING-AFFECTED COMMUNITIES IN SOUTH AFRICA

The document argues that poor environmental governance by the Department of Mineral Resources (DMR) and the Department of Water and Sanitation (DWS) leads to systemic violations of environmental rights in South Africa's mining sector. It highlights severe impacts on water resources, including acid mine drainage and the depletion of aquifers, and notes the destruction of strategic water source areas (SWSAs). The CER identifies critical failures in the Environmental Impact Assessment (EIA) process, citing insufficient timeframes for public participation and a lack of independence among practitioners. It recommends transferring environmental regulation of mines from the DMR to environmental authorities, implementing free prior and informed consent (FPIC) for communities, and establishing 'no-go' areas for mining in ecologically sensitive zones.

• The environmental compliance monitoring and enforcement system is severely hampered by a lack of institutional capacity within the Department of Mineral Resources (DMR) and the Department of Water and Sanitation (DWS). For example, as of May 2016, only 35 EMRIs were designated to monitor 1,757 operational mines, and the DWS had only two officials performing compliance functions in Mpumalanga.
• Mining operations cause significant water resource degradation, specifically through the creation of 'cones of depression' from groundwater extraction and the release of acid mine drainage (AMD). In 2012, AMD from coal handling facilities in Mpumalanga rendered the Boesmanspruit Dam unfit for human use for seven months.
• Mining rights are being granted in strategic water source areas (SWSAs) and protected environments, despite their critical importance for water security. In the Mabola Protected Environment in Mpumalanga, a mining right was granted to Atha-Africa Ventures (Pty) Ltd only eight months after the area was declared a protected environment.
• The Environmental Impact Assessment (EIA) Regulations provide timeframes that are too short for meaningful public participation or scientifically sound assessments, which the CER argues violates the constitutional right to dignity and environmental rights.
• Public participation in the mining sector is often a 'box-ticking' exercise where community concerns are recorded but not integrated into project designs. Furthermore, the National Water Act (NWA) rarely requires public participation for water use licence applications (WULAs).
• Mining-related pollution has severe health impacts, including chronic problems and premature deaths. In the Witwatersrand area, research is investigating links between uranium-containing mine dumps and high incidences of cancer, mental retardation, and nephrotoxicity.
• There is significant regulatory uncertainty regarding the application of the National Environmental Management: Air Quality Act (NEMAQA) to mines, leading to a lack of atmospheric emission licences and inadequate standards for blasting, which causes structural damage to community homes.
• The CER recommends a fundamental shift in governance by removing environmental regulation responsibility from the DMR and transferring it to environmental authorities to avoid the conflict of interest between promoting mineral development and protecting the environment.
• The document advocates for the adoption of the 'free prior and informed consent' (FPIC) principle, requiring that affected communities consent to mining rights as a prerequisite, to ensure they can determine their own destinies.

APA

Centre for Environmental Rights (2016). WRITTEN SUBMISSIONS TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION FOR THE NATIONAL INVESTIGATIVE HEARING ON THE UNDERLYING SOCIO-ECONOMIC CHALLENGES IN MINING-AFFECTED COMMUNITIES IN SOUTH AFRICA. https://cer.org.za/wp-content/uploads/2016/09/CER-Submission-to-SAHRC-on-Mining-Affected-Communities.pdf?x21779

Chicago

Centre for Environmental Rights. WRITTEN SUBMISSIONS TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION FOR THE NATIONAL INVESTIGATIVE HEARING ON THE UNDERLYING SOCIO-ECONOMIC CHALLENGES IN MINING-AFFECTED COMMUNITIES IN SOUTH AFRICA. 2016. https://cer.org.za/wp-content/uploads/2016/09/CER-Submission-to-SAHRC-on-Mining-Affected-Communities.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=WRITTEN SUBMISSIONS TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION FOR THE NATIONAL INVESTIGATIVE HEARING ON THE UNDERLYING SOCIO-ECONOMIC CHALLENGES IN MINING-AFFECTED COMMUNITIES IN SOUTH AFRICA |date=26 August 2016 |url=https://cer.org.za/wp-content/uploads/2016/09/CER-Submission-to-SAHRC-on-Mining-Affected-Communities.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2016written, author = {{Centre for Environmental Rights}}, title = {{WRITTEN SUBMISSIONS TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION FOR THE NATIONAL INVESTIGATIVE HEARING ON THE UNDERLYING SOCIO-ECONOMIC CHALLENGES IN MINING-AFFECTED COMMUNITIES IN SOUTH AFRICA}}, publisher = {Centre for Environmental Rights}, year = {2016}, month = aug, url = {https://cer.org.za/wp-content/uploads/2016/09/CER-Submission-to-SAHRC-on-Mining-Affected-Communities.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }