Referring to the Minerals and Petroleum Resources Amendment Act (No. 49 of 2008) which came into effect on Friday, 7 June 2013 but then had parts excluded at the eleventh hour by a presidential proclamation, Bench Marks' executive director, John Capel said that it is this kind of behaviour that creates uncertainty and confusion not only in the mining sector, but for those who are affected by mining.
"The way that this has been handled will, no doubt, create loopholes and allow misinterpretation of the law. With all that has and is happening within the sector ie. deaths and strikes, one would think that a more structured approach would be taken."
"And if reports in the media are true that even the Department of Mineral Resources appear to be confused and unaware of the presidential proclamation, what hope do the rest of us have?" says Capel.
"What is going to create even more mayhem in the sector are the additional changes that are proposed in the Mineral and Petroleum Resources Development Draft Amendment Bill which will be submitted to parliament shortly.
"Just when one gets to grips with the one set of laws, another comes in reversing those imposed by the Act that has just come into effect," says Capel.
Capel says that Bench Marks is also very concerned at the lack of clarity as to which department will, in the end, be in charge of the environmental authorisation for mining.
"It should be the Department of Water and Environmental Affairs as its mandate is to protect the environment. It should not be the Department of Mineral Resources as it cannot remain impartial. Its mission is in the growth and development of the mining sector and it is more interested in mining investment than in the negative effects of mining on the environment.
"Although the minister of Mineral Resources, Susan Shabangu, in her explanatory note regarding the draft bill states that her department is the competent authority, we completely disagree. We don't see her department effectively implementing laws relating to environmental damage or pollution caused by mining," says Capel.
In addition, Capel says there have been too many empty promises regarding legislation of this industry to believe yet another promise.
"Minister Shabangu says that there are processes underway to remedy the lack of clarity between the two departments and to refine both pieces of legislation to ensure that there is no duplication of mandates.
"We will not be holding our breath on this," says Capel. "Too often, as we have seen with this latest amendment, things will be changed at the last minute and yet again, the sector will be plunged into confusion and instability. Do we need even more deaths before this sector is taken seriously? "
The Bench Marks Foundation has made many recommendations relating to legislation of the industry in its research reports relating to mining.
For further information, go to www.bench-marks.org.za.
