Getting the Balance Right? Mining Interests, Planning Law and Sustainable Human Development in South Africa

Abstract

In the 140-odd years after the first diamond was found in South Africa in 1866, mining catapulted the country from a predominantly agrarian society into a modern industrial nation. For the biggest part of this period, mining drove and planning law and human development followed. This ‘order of importance’ was largely the result of the huge wealth and influence of the mining houses, the (perceived) importance of the sector for the development of the country, and the broader skewed power dynamics of colonial and apartheid rule. Over the last decade, national government enacted new legislation by which it has attempted to ensure that mining is made more serviceable to broader societal reconstruction and development. A key component of this new legislation has been a provision to ensure that mining companies make tangible contributions to socio-economic development and human settlement in ‘mining areas’. At the same time, significant amendments have since the late 1990s been made to municipal governance and development planning legislation with the aim of ensuring progressive, assertive strategic planning by municipalities. Recent legal pronouncements are also adding further clarity to the mining and land use planning interface. While these and other significant steps have been taken in the legal and policy domains to set the balance right, very little actual, empirical research has been done to establish what the outcomes ‘on the ground’ have been and if, how and to what extent the actual interface of mining companies with planning law, socio-economic development and human settlements has changed as envisaged. In this exploratory study, the extent to which the changes in the legal framework have actually assisted in ensuring (1) a greater degree of balance, and (2) a more symbiotic relationship between mining, planning and human development, is explored in a predominantly rural district with a long mining history. Use is made of (1) interviews with key role-players in the mining industry, municipal and provincial government, the private sector and communities, and (2) documented material. Key questions that are explored are: How do mining companies interact with municipal planning and planners, spatial planning law and sustainable human development and settlement reconstruction? How is this different from pre-1994 kinds of engagement and interaction? Is there real change, or is it just a case of legal compliance?