Thesis (LLM.) -- University of Limpopo, 2017. / In South Africa, during the then apartheid era, the mining sector had records of extremely high fatalities, injuries and occupational diseases that led to massive death of miners predominantly the Blacks. In the post-apartheid era, numerous laws have been enacted to address the problem. One of the laws that was introduced is the Mine Health and Safety Act 29 of 1996 which provides for radical enforcement of health and safety standards using various mechanisms, such as monitoring systems and inspections, investigations, and employers' and employees' duties to identify hazards and eliminate, control and minimise the risk to health and safety of mine workers. This study examines the extent, efficient and efficacy of the implementation and enforcements of these laws and points out the challenges being encountered and prospects made thus far. The study used Australia and Chile for comparative study and showcased how the government and the laws they have passed are being effectively used to contain and curtail health hazards, accidents and fatalities in the mining environment.

Thesis (M. Dev. (Development and Management Law)) -- University of Limpopo, 2017 / This mini-dissertation deals with the implementation of laws regulating mining industries transformation in South Africa. This mini-dissertation finds that the pace of transformation is very low and the challenges faced in the mining industries which are slowing the process are evaluated. Such challenges include: lack of skills, unqualified candidates and lack of experience. It finds that the Broad-based socio-economic empowerment (BBSEE) introduced 15% target by 2011 where only 8.9% was reached in respect of transformation and that by 2014, 26% must be met where only 17.4% at the top management is achieved. The call for nationalisation of mines as a solution to speed up transformation have also been evaluated and the Mining Qualification Authority category of providing scholarships to maths and science learners to the exclusion of other streams as transformational aspect was also evaluated. The question as to whether 26% of the historically disadvantaged South Africans occupying managerial position is enough to rectify the injustices of the apartheid ills is also looked at. A comparative study was done between South Africa, Canada and Australia to see whether lessons could be learnt. Keywords: Implementation, transformation laws, Historically Disadvantaged South Africans, Mining Qualification Authority, and Mining industry.

Thesis (LLM.) -- University of Limpopo, 2017 / Section 24 of the constitution of the Republic of South Africa, 1996 guarantees a right to a healthy and safe environment. It provides for the environment which is beneficial, conducive and productive to the community. However, this right is being violated on a daily basis by the mining companies which degrade the environment through their activities or operations within the mining communities by violating the legal regulations aimed at restoration, rehabilitation, management and prevention of degradation to the environment. Therefore this mini-dissertation advocate for stringent enforcement of the laws aimed at prevention of environmental degradation and further compels mining companies to comply with existing laws. It calls for the minister not to hesitate to revoke the mining licences or withdrawal of the mining permits of any erring mining companies. It utilises the jurisprudence from China and Australia as comparative study in order to draw relevant lessons from their approaches