Addressing illegal mining

Investing in African Mining Indaba, taking place in Cape Town from 5 to 8 February 2024, is drawing a host of high level attendees, among them renowned legal expert Stephen Thibedi Nthite who will share strategies on combating the pervasive issue of illegal mining.

With over 27 years’ experience and a specialist focus on occupational health and safety, environmental law and community engagement initiatives, Stephen Nthite will use the platform at the Mining Indaba to delve deeper into a number of critical issues surrounding illegal mining, providing insights and solutions for the industry.

Speaking to Africa Legal ahead of the Indaba, Nthite emphasised the richness of South Africa's mineral resources, including gold, diamonds, and copper, but warned of the severe ramifications associated with illegal mining activities lacking authorised legislation.

"There’s a lot of illegal mining activity going on there. Diamonds, unlike gold, are quite easy to handle and process. The only difficulty with diamonds and the environment has to do with mercury that the illegal miners use. It’s uncontrolled and unsupervised and sometimes extremely dangerous," he said.

He highlighted the prevalence of illegal mining in specific regions, such as the Northwest province of South Africa, where alluvial diamonds attract illicit activities. Nthite pointed out the dangers of unregulated practices which can lead to unfortunate consequences for both the environment and those involved in illegal mining.

Nthite also acknowledged the collaborative efforts initiated by various South African government departments, the Mining Council, and the recommendations from a Human Rights Commission report to address and mitigate illegal mining activities.

"We recommend that our clients adopt a collaborative approach with the local communities,” Nthite advises. “Failure to engage with local communities may result in (the mining company) being perceived as an outsider looking to exploit their mineral resources and depart with the exports and profits.”

As a representative of Beech Veltman Incorporated, Nthite advises clients to report suspicions of illegal mining to government law enforcement agencies. He also emphasises the importance of implementing social labour plans that benefit the population through training and reskilling initiatives.

For further enquiries or to schedule a meeting with Stephen Nthite, contact him at stephen@bv-inc.co.za.

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