Mining law and policy : a comparative analysis of South Africa and Zimbabwe’s mining laws and policy regimes

Abstract

South Africa and Zimbabwe are both well endowed with mineral resources. Both countries share a history of colonization by white settlers with Zimbabwe getting its independence in 1980, followed by South Africa in 1994. Like most countries in Sub-Saharan Africa, they rely on their natural resources for sustenance. In their case, the mining industry has therefore contributed significantly to their development. This study has illustrated the different mineral legislation and regulatory mechanisms in place for managing this important sector. In addition, to its mining and mineral legislation, South Africa has developed the Mining Charter and its associated regulations, to regulate its mining industry. A comparative analysis of the mineral rights and tenure has been in the two jurisdictions has been made. Zimbabwe’s mineral regime has been found to be lagging behind not only South Africa, but to most of the region’s regimes. Issues of adhering to the rule of law and respecting international laws and covenants have been highlighted especially in the case of Zimbabwe. Black economic empowerment programmes in the two countries were discussed, with Zimbabwe again coming short. Recommendations for Zimbabwe following South Africa’s example were proffered. The same applies to environmental issues and sustainable development, Zimbabwe need to follow a more coherent path. Harmonisation of mineral regimes within the SADC region was recommended. Further recommendations to achieve this goal were put forward.