Regulating Mining In Africa

Liberalisation of the mining sector in Africa in the 1980s: a developmental perspective. II.

The continent of Africa is rich in minerals needed by Western economies, but rather than forming the basis for economic growth the mining industry contributes very little to African development Investigating the impact of the 2003 Extractive Industries Review on a number of African countries, the contributors find the root of the problem in the controls imposed on the African countries by the IMF and World Bank. They aim to convince academics, governments and industry that regulation needs to be reformed to create a mining industry favourable towards social, economic and environmental development. The book takes a multidisciplinary approach and provides a historical perspective of each country, making it ideal for students of development studies and development organizations.

​The mining sector has been an integral part of economic development in many African countries. Although minerals have been exploited for decades in these countries, the benefits have not always been as visible. This has necessitated reforms including nationalisation of mining activities in the distant past; and currently legal and regulatory reforms. This book gives an insight of these reforms and with reference to the fieldwork research undertaken by the author in some African countries, the book highlights the social and environmental impacts of mining activities in Africa. The central question of the book is, why the mining laws have worked in some countries but not others and what can be done to ensure that these laws are effective? Consequently, the book analyses the legal reforms made in the sector and highlights both the challenges and the opportunities for foreign investors as well as the African governments and local communities. The book will be of great interest to researchers and students in Energy and Geography related fields, as well as to practitioners and policy makers.

This book takes a fresh approach to the puzzle of sub-Saharan Africa’s resource curse. Moving beyond current scholarship’s state-centric approach, it presents cutting-edge evidence gathered through interviews with mining company executives and industry representatives to demonstrate that firms are actively controlling the regulation of the gold mining sector. It shows how large mining firms with significant private authority in South Africa, Ghana and Tanzania are able to engender rules and regulations that are acknowledged by other actors, and in some cases even adopted by the state. In doing so, it establishes that firms are co-governing Africa’s gold mining sector. By exploring the implications for resource-cursed states, this significant work argues that firm-led regulation can improve governance, but that many of these initiatives fail to address country/mine specific issues where there remains a role for the state in ensuring the benefits of mining flow to local communities. It will appeal to economists, political scientists, and policy-makers and practitioners working in the field of mining and extractives.

This work analyzes and compares the legal framework for foreign investments in the mining sector in Australia, South Africa and Colombia. The admission of foreign investments, corporate structure requirements, ownership of minerals and mineral rights, mining licenses, land access, performance requirements, distribution of profits and the tax regime, repatriation of profits, national and international dispute resolution mechanisms and the question of the Social License to Operate (SLO) / Corporate Social Responsibility (CSR) policies are discussed in detail. The work concludes with an outlook on the future regulation of foreign mining investments and finally suggests the development of an International Mining Investment Law.

This book analyses the legal and fiscal frameworks for hard rock mining in several African countries. It engages in a comparative analysis of mining codes in Africa with regard to multiple topics.

This book is a pacesetter in matters of mining and the environment in Africa from multidisciplinary and spatio-temporal perspectives. The book approaches mining from the perspectives of law, politics, archaeology, anthropology, African studies, geography, human ecology, sociology, history, economics and development. It interrogates mining and environment from the perspectives of customary law as well as from the perspectives of Euro-modern laws. In this sense, the book straddles precolonial, colonial and postcolonial mining and environmental perspectives. In all this, it maintains a Pan-Africanist perspective that also speaks to contemporary debates on African Renaissance and to the unity of Africa. From scrutinising the lived realities of African miners who are often insensitively and unjustly addressed as illegal miners, the book also interrogates transnational mining corporations; matters of corporate social responsibility as well as matters of tax evasions by transnational corporations whose commitment to accountability to African governments is questioned. With both theoretical chapters and chapter based on empirical studies on mining and the environment across the African continent, the book provides a much needed holistic, one stop shop for scholars, activists, researchers and policy makers who need a comprehensive treatise on African mining and the environment. The book comes at the right time when matters of African mining and environment are increasingly coming to the fore in the light of discourses about the new 21st century scramble for African resources, in which big transnational corporations and nations are jostling to suck Africa dry in their race to control planetary resources. It is a book that speaks to contemporary broader issues of (de-)coloniality and transformation of African minds and African environmental resources.

Mining as an extractive activity has the potential to promote sustainable economic growth in developing countries; however this largely depends on how the activities are regulated. Mining contributes to environmental pollution and degradation, and the social degeneration of local communities. Corporate social responsibility initiatives are often self-serving short-term programs that in the long term do not benefit mining communities. In this article, the mining, environment and community trilemma is investigated through the lens of what is happening in South Africa and Zimbabwe. It is argued that continued calls for nationalisation and indigenisation are the sequel of the failure of postcolonial mineral law and policy reforms. Regulatory continuity from colonial laws has seen mining companies continue to treat mineral rich developing countries as sources of raw materials. Little is done to develop the communities impacted by mining activities. Recommendations are made on how mining can support sustainable development without creating a cycle of poverty within mining communities. This can happen through effective regulation embedded within sustainable development, transparency and accountability and equitable access to mineral wealth.

Africa is endowed with commercially viable quantities of several minerals and metals, and, more than ever before, African countries wish to harness their mineral resources for their economic development. The African mining sector has witnessed a revolution in terms of new mining codes and amendments to extant mining codes, which are designed to achieve a multitude of objectives, including the assertion of greater control over exploitation of mineral resources; optimization of resource royalties and taxes; promotion of equity participation in mining projects; enhancement of indigenization in the form of domestic participation in mineral production and local content requirements; value addition and beneficiation in terms of domestic processing of raw mineral ores and metals in Africa; and the promotion of sustainable practices in the mining sector. This book analyzes the legal and fiscal frameworks for hard-rock mining in several African countries including Botswana, Democratic Republic of Congo, Ethiopia, Ghana, Guinea, Kenya, Namibia, Nigeria, Liberia, Tanzania, Sierra Leone, South Africa, South Sudan, Zambia, and Zimbabwe, with reference to other resource-rich countries. It engages in a comparative analysis of mining statutes in Africa with regard to topics such as the acquisition of mineral rights; types of mineral rights; the nature of mineral rights; the rights and obligations of mineral right holders; security of mineral tenure; surface rights; fiscal regimes including royalty and tax regimes; resource nationalism in the mining sector; management and utilization of mining revenues including benefit-sharing arrangements between mining companies and host communities; environmental stewardship; and sustainable exploitation of mineral resources.

After more than three decades of economic malaise, many African countries are experiencing an upsurge in their economic fortunes linked to the booming international market for minerals. Spurred by the shrinking viability of peasant agriculture, rural dwellers have been engaged in a massive search for alternative livelihoods, one of the most lucrative being artisanal mining. While an expanding literature has documented the economic expansion of artisanal mining, this book is the first to probe its societal impact, demonstrating that artisanal mining has the potential to be far more democratic and emancipating than preceding modes. Delineating the paradoxes of artisanal miners working alongside the expansion of large-scale mining investment in Africa, Mining and Social Transformation in Africa concentrates on the Tanzanian experience. Written by authors with fresh research insights, focus is placed on how artisanal mining is configured in relation to local, regional and national mining investments and social class differentiation. The work lives and associated lifestyles of miners and residents of mining settlements are brought to the fore, asking where this historical interlude is taking them and their communities in the future. The question of value transfers out of the artisanal mining sector, value capture by elites and changing configurations of gender, age and class differentiation, all arise.