The continued pumping of extraneous water in non-operative goldmines : evaluating perpetual liability against the notion of sustainable development

Abstract

This study is aimed at determining whether the concept of perpetual liability is compatible with the principle of sustainable development in South African law. In particular, when evaluated in terms of the environmental obligations placed on South African mining operations, and the responsibility to manage pumping of extraneous water in non-operative gold mines. When applied in the context of the South African mining sector, the practical challenges associated with giving effect to sustainable development become readily apparent in the case of water contamination. Water is not only a fundamental part to life, but also to the environment, to power generation, and to food and industrial production. Only if water resources are truly and in fact protected, used, developed, conserved, managed, and controlled in a sustainable manner, can water be available for these purposes and then in turn, provided over the long term. This sentiment with respect to water resources has long been acknowledged.