North West High Court: ZA Abandoned Mine Closure Certificates Must Be Issued

• 14 suspected illegal miners died and 8 were hospitalized after a rockfall at an abandoned mine near Rustenburg.
• The Minerals and Petroleum Resources Development Act requires closure certificates for environmental management and site rehabilitation.
• The National Environmental Management Act imposes a lifetime statutory duty of care for environmental degradation caused by disused mines.
• The government has failed to prosecute large-scale companies that abandon mines without proper closure.

However, in South Africa, this legislation is often ignored, and the government fails to enforce it due to a lack of regulation and implementation.

A recent rockfall at a disused mine near Rustenburg in the North West has resulted in the deaths of 14 suspected illegal miners and hospitalization of eight others. The incident raises questions about why such hazardous sites remain accessible and who should be responsible for making them safe. According to police, there may still be individuals trapped underground. This tragedy is a stark reminder of the consequences of inadequate regulation and accountability in the mining sector.

The Minerals and Petroleum Resources Development Act (MPRDA) requires holders of mining rights to obtain an official closure certificate under Section 43, ensuring environmental management, social labor plans, and site rehabilitation. However, in South Africa, this legislation is often ignored, and the government fails to enforce it due to a lack of regulation and implementation. The National Environmental Management Act (NEMA) also imposes a lifetime statutory duty of care for any environmental degradation caused by disused mines.

The state, previous owner, or current landowner should be accountable for making disused mines safe. However, the government's failure to prosecute large-scale companies that abandon mines without proper closure is a significant issue. The presence of politicians on the boards of mining companies and their role in BEE (black economic empowerment) initiatives has created conflicts of interest and hindered effective regulation. This has resulted in thousands of workers losing their jobs and many shafts remaining unattended, posing risks to the environment and human safety.

Lawyers advising clients on mining-related projects should watch for the potential liability associated with abandoning mines, including compliance with closure certificate obligations under the Minerals and Petroleum Resources Development Act. They should also be aware of the National Environmental Management Act's lifetime statutory duty of care for environmental degradation caused by disused mines.

Source: Original reporting via SA's abandoned mines expose costly failures in regulation and accountability