What is law without people? A review of mining legislation and communities

Abstract

Laws are a reflection of people, governments, civilisation and time. Today, except for respiratory oxygen, everything is regulated. Though the early history of law was not codified, communities were aware of the laws, which enabled effective implementation and successes. Between 1991 and 2002, the environmental era was born with a view to regulate people, their activities and environment. This era was sanctified by legislations which were more of amended traditional and local laws. In South Africa, legislations were enacted to regulate the environment collectively and mining activities specifically. These legislations were intended to bring about changes in mining practices, improved working and living conditions of miners and community sustainability. With increasing environmental concerns and protest in mining communities, there is a need to review the efficiency of these legislations. The purpose of this paper is to review community legal awareness through education and communication of prevailing South African mining legislations, in which it has been argued that adequate level of awareness will ensure communities as active participants in decision-making and will bring about changes in mining practices and community well-being. The paper, in the form of a case study, using social research methodology and blended analysis, presents findings that local communities are less aware of current mining legislations which are applicable only at workplace and even the miners are less conversant with its application. Therefore, any activity out of workplace forfeits the legal cover. The paper concluded that inadequate community legal awareness is among the causes of failures to experience any significant changes in mining practices and community welfare. It recommends environmental legal awareness as a fundamental requirement for sustainability.