The legal framework for stakeholder participation in acid mine drainage regulation in South Africa

Abstract

Master of Law in Environmental Law and Governance, North-West University-- Potchefstroom CampusThis research examines the legal framework that governs and regulates acid mine drainage (AMD), the roles of various stakeholders, and the mechanisms that either promote or impede stakeholder involvement in AMD regulation in South Africa. Thestudy pursued three objectives: assessing the impact of AMD on water sources and human rights; evaluating AMD regulation in South Africa and the significance of stakeholder engagement; and analysing the roles, rights, and responsibilities of different stakeholders, including government and communities. The research was conducted as a desktop study, using existing legal sources such as books, journal articles, and other media related to AMD regulation and stakeholder roles. The study aimed to evaluate stakeholder engagement in AMD and the participation of all involved in decision making and policy formulation. Analysing the current practices of various stakeholders in AMD regulation is vital to propose strategies to enhance collaboration and participation. International frameworks help to establish global water management standards, particularly concerning transboundary water resources. Instruments such as the United Nations Watercourses Convention (1997) and the Ramsar Convention (1971) regulate and protect international water bodies. Regional legal frameworks ordinarily adopt international principles to meet the specific environmental, social, and economic conditions of their regions. For example, the African Union and Africa Water Vision (2025) and the SADC Protocol on Shared Watercourses (2000) are key to managing water resources in Africa and promoting the cooperative management of transboundary watercourses. At the national level, legal frameworks offer specific guidelines for managing water resources in individual countries. The study highlights examples such as South Africa’s National Water Act 36 of 1998, recognised for its progressive stance on water management and its emphasis on equitable access, sustainability, and environmental protection. The findings emphasise the necessity of strong legal frameworks at the international and national levels to govern water management, especially in sectors like mining that present significant environmental challenges. These frameworks provide essential guidelines and principles to ensure sustainable water resource use, ecosystems protection, and the safeguarding of human rights. Effective implementation and enforcement of these laws are crucial for achieving long-term water security and environmental sustainability.Master