The State of Mine Closure in South Africa – What the Numbers Say

"The consequences of ineffective mine closure in South Africa are evident from the number of abandoned mines and operations on extended care-and-maintenance, the on-selling of mines to less well-resourced companies to close, and increasing illegal mining activities. However, the data to substantiate these observations and provide insight into the underlying issues has not been available. Through the Promotion of Access to Information Act, a list of mine closure certificates applied for between 2011 and 2016 and a list of certificates granted over the same period for all nine regions of South Africa was obtained. From the analysis of this data, we show that the mine closure system as implemented in South Africa is largely ineffective. Although closure certificates are being granted, these are for prospecting sites and small-scale mines, which have a relatively small environmental impact. No large mines of any environmental significance were relinquished over the period under review, with very few applying for closure certificates. Furthermore, the issuing of closure certificates varies significantly between regional offices, with the success rate for applications being generally low and issuing of certificates taking an extended period. IntroductionThere are a number of concerns with the mine closure process as practiced in South Africa, and these have largely been laid at the door of government. Alberts et al. (2017) stress that the legislation generally conforms to international best practice. However, the system is ‘complex and unwieldy’, involving various pieces of legislation and different government departments with overlapping requirements and different interpretations of the law. A further area of concern is the capacity and competence of government to implement legislation. The ‘shortage of relevant mine closure skills and knowledge within the regulator’ was identified by van Druten and Bekker (2017) as a key contributor to unsuccessful closure. Lack of capacity and resources within the regulator has also been highlighted by Botham, Kelso, and Annegarn (2011) and Milaras, McKay, and Ahmed (2014). A recent study of the mineral application process by Corruption Watch (2017) indicates that positions in the regulator have been frozen for many years, leading to a shortage of staff, and that unqualified individuals have been appointed. There is also the perceived reluctance of government to grant closure in order to limit transfer of the liability to the state and delay the inevitable job losses."