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Exploring the Right to Mine in South Africa: A Sustainability Perspective

This research focuses on the right to mine in South Africa, analyzing it within the framework of international sustainability principles. The study emphasizes Section 24 of the South African Constitution, which guarantees a safe and healthy environment to all citizens. By exploring legal, social, and environmental dimensions, this inquiry seeks to understand how mining rights align with sustainable development goals, addressing the balance between economic growth and ecological protection.

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Exploring the Right to Mine in South Africa: A Sustainability Perspective

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  1. Land Law Focus Group

    Kirstin Gilmour GLMKIR001
  2. Research Topic An exploratory inquiry into the right to mine in South Africa within the context of the international paradigm of sustainability
  3. The Constitution of the Republic of South Africa 1996 S24: Everyone has the right- (a) To an environment that is not harmful to their health or wellbeing; & (b) To have the environment protected, for the benefit of present and future generations, through reasonable legislative & other measures that- (i) prevent pollution & ecological degradation; (ii) promote conservation; & (iii) secure ecologically sustainable development & use of natural resources....
  4. Preamble: ‘....it is the State’s obligation to protect the environment for the benefit of present and future generations and to ensure ecologically sustainable development of mineral and petroleum resources....’ The New Minerals and Petroleum Resources and Development Act 28 of 2002
  5. Determining what sustainability means under international law & what has influenced its development over time to become the foundational norm it is today. Today’s Focus:
  6. Sustainability under international law Developments by International Organisations: The UN Commission on Sustainable Development, 1992. Of Regional Significance: Southern African Development Commmunity 1992;
  7. Developments in Formal Sources of International law: -Article 38 ICJ: particularly Conventions & Customary Law. - Revised African Convention on Conservation of Nature & Natural Resources Sustainability under international law
  8. Developments in Informal sources / ‘soft law’: Stockholm Declaration 1972; UN Conference on the Environment and Development 1992; - Rio Declaration & - Action plan Agenda 21 adopted. World Summit on Sustainable Development 2002. - Johannesburg Declaration & - Plan of Implementation adopted. Sustainability under international law
  9. Development by decisions of the ICJ: Cases often reflect rules of customary international law: Advisory Opinion on the Legality of the Treaty on Nuclear Weapons. Case Concerning the Construction of the Gabcikovo-Nagymaros Project (Hungary/Slovakia)1998 37 ILM 162 Sustainability under international law
  10. Internationally accepted definition of Sustainable Development: Brundtland Report: “[D]evelopment that meets the needs of the present without compromising the ability of future generations to meet their own needs. Two key concepts: Concept of ‘needs,’ especially of the world’s poor; 2) Idea of limitations imposed by State such as social organisation on the environment’s ability to meet present & future needs.” Sustainability under international law
  11. The End
  12. Bibliography: Glazewski J Environmental Lawin South Africa (2005) Lexis Nexis Durban. Glazewski J and Posnik S “Compliance with international environmental standards and expectations: review of international developments” 2000 SAIMM 211. Constitution of the Republic of South Africa, 1996. - New Minerals and Petroleum Resources and Development Act 28 of 2002. Decision of the Revised 1968 African Convention (Algiers Convention) on the Conservation of Nature and Natural Resources, Doc. Ex/CL/50(III), Assembly/AU/Dec.9(II). Report of the World Commission on Environment and Development 43. Treaty of the Southern African Development Community, Windhoek, 17 August 1992. Case Concerning the Construction of the Gabcikovo-Nagymaros Project (Hungary/Slovakia)1998 37 ILM 162. Legality of the Treaty on Nuclear Weapons (Advisory Opinion) [1996] 35 ILM 809.
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