Marikana, Mangaung and the Future of the South African Mining Industry

Abstract

South Africa’s mining industry suffered an annus horribilis in 2012 as a result of multiple tragedies, labour unrest and economic-related challenges. This commentary puts the events of 2012 into a broader context before going on to discuss potential ways to avoid similar future events. With respect to the latter, the article explains the importance of the Voluntary Principles on Security and Human Rights, forging a new social contract for South African mining, and the need for a new approach to Black Economic Empowerment. Mining policy, as developed by the African National Congress, is also assessed. Finally, the significance of the Mineral and Petroleum Resources Development Act Amendment Bill 2012, in the context of the mining sector, is critically analysed. The commentary concludes that despite the tragedy that took place at the Marikana mine in August 2012, an opportunity exists for government, labour and business to learn from this terrible event and build a better, more inclusive and sustainable South African mining industry.

Additional information

Notes on contributors

Peter Leon

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Peter Leon is a partner and Head of Africa Mining and Energy Projects, Webber Wentzel, Johannesburg, South Africa; he is a council member of the IBA’s Legal Practice Division and former Chair of the IBA Mining Law Committee. The author can be reached at [email protected].