A research report submitted to the Faculty of Science, in partial fulfilment of the requirements for the degree of Master of Science, University of the Witwatersrand, Johannesburg, 6 November 2015. / Environmental degradation and pollution continue to characterise the mining sector in South Africa despite a robust legislative framework which is aimed at enhancing sustainable mining practices. Of particular concern is the impact of mining on biodiversity. During 2013 the Departments of Environmental Affairs and Mineral Resources, together with the South African Mining and Biodiversity Forum, an alliance of stakeholders from industry, conservation organisations and government facilitated by the Chamber of Mines of South Africa, released the South African Mining and Biodiversity Guideline (SAMBG), which aim to mainstream biodiversity into the mining sector. The guideline seek to integrate biodiversity considerations into planning processes and manage biodiversity through the lifecycle of a mine, and so contribute to better outcomes. In addition to the guideline, mining companies that obtain funding from financial institutions that are signatory to the Equator Principles are required to implement IFC Performance Standard 6 (IFC PS6) which also deals with biodiversity conservation. There is a concern that the SAMBG adds further to the burgeoning pile of standards, guidelines and best practices that mining companies are required to meet, but without necessarily adding anything new. This research project deals with this concern through a review of the SAMBG to assess their potential contribution to biodiversity conservation and to determine, through a comparative analysis, whether any overlaps and gaps exist between the guideline and IFC PS6. A qualitative methodology was used to understand how the Aichi Biodiversity Targets are addressed by the SAMBG. Based on this review a conclusion as to the role of the SAMBG amongst the range of guidelines and standards was drawn. The research indicated that there is alignment between the SAMBG, the IFC PS6, the Aichi Biodiversity Targets and South African national environmental legislation. They all aim to achieve a similar outcome, the conservation and sustainable use of biodiversity, but provided different levels of detail and are targeted at slightly different audiences.

The primary object of this dissertation is to investigate the training problem in the Kgalagadi gold (Kalgold} mining company, located some 40 km West of Mafikeng. The company is reported not to have trained most of its staff in the Metallurgy department since the majority union, National Union of Mine Workers (NUM), does not approve of the organisational training plan. The said training plan is perceived as an intervention that would not address the employees' training needs. Subsequently, the untrained employees are susceptible to workplace accidents characterised by poor work expertise. Nevertheless, the mentioned staff often face disciplinary charges for negligence or incapacity that could be linked to a lack of appropriate training. In effect, this study focuses on the training problem experienced by the company as well as disciplinary actions for incapacity related to little or no training. Not only that, but also shall it highlight the shortfall caused by absence of a training needs analysis and establish if this could lead to training that does not address the employees' training needs. The study also seeks to investigate whether management involves the Majority union, NUM, in drawing up the organisational training plan. Moreover, this dissertation will also look into the company's relationship with its SET A, the Mining Qualifications Authority (MQA). Careful attention will be on the unclaimed skills development levies lost in the event Kalgold fails to train its staff within the context of the National Skills Development Framework of South Africa. / (M.Admin.) North-West University, Mafikeng Campus, 2004

"Mining operations" and "mining" are defined in s 1 of the Income Tax Act (ITA). A concept that is of great significance to this definition is the matter of when a mineral is won and the related question of when does the mining process end and the process of manufacture commences. Case law has not established a definitive point that can be used by the mining taxpayer to determine where the mining process ends for income tax purposes. The Supreme Court of Appeal was presented with the perfect opportunity in the Foskor1 case to clearly define the boundaries between these processes. Unfortunately, the court did not seize this opportunity to provide legal certainty. The significance of the distinction lies in the fact that a mining taxpayer is allowed to claim accelerated capital allowances. The objective of these allowances is to provide tax relief to the mining taxpayer taking the immense risk of investing billions of rands in capital expenditure. The capital expenditure incurred will also result in direct foreign investment. This in turn will result in economic growth and job creation. Currently, there is no legal certainty as to which processes will qualify as mining operations for income tax purposes. This may result in mining taxpayers being hesitant to incur capital expenditure as the risk relating to a project would have increased. The accelerated capital allowances may therefore not serve their intended purpose. The gross domestic product (GDP) contribution from gold mining has been decreasing in the last number of years, but this decrease has to a large extent been offset by an increase in the downstream or beneficiated minerals industry. This industry has also been identified by Government as a growth sector. The downstream or beneficiated mineral industry may not be catered for in the current definition of "mining operations" and "mining" and may therefore not qualify for beneficial tax allowances. It is therefore proposed that the term "won" as used in the definition of "mining operations" and "mining" should be defined in s 1 of the ITA as follows: A mineral is "won" when all the requisite and necessary processes, including, amongst other things, refinement, beneficiation, smelting, separation, have been undertaken to the mineral to render it saleable in an open and general market. This extension will provide legal certainty to a mining taxpayer and will ensure that South Africa obtains direct foreign investment and maximum value for its minerals. This will contribute to economic growth for South Africa's developing economy and result in job creation.

Resource control as a form of community participation in the mineral economy has gained much recognition. One prevailing argument is that direct control of natural resources by local communities is an important precondition for equitable utilisation of the natural resource wealth, peaceful co-existence between mining corporations and indigenous communities, and congenial relations between local communities and the state. Studies have also shown that the absence of direct community control of mineral wealth remains a major factor in the communal resistance and socio-political conflict witnessed in the natural resource-endowed regions of countries such as Nigeria, Ecuador, Sierra Leone and the Democratic Republic of the Congo. However, little is known about mineral resource control at the community level. Does community control necessarily translate to equity? How does local involvement in the mobilisation of mining royalties benefit different segments of the community? Indeed, how do different segments of the community “control” the wealth? What is the specific model adopted to engender broad-based community participation in the utilisation of mineral wealth – and does it matter? These theoretical and practical questions were the impetus for undertaking this study in the Royal Bafokeng and Bakgatla Ba Kgafela – two platinum-rich ‘traditional’ communities in South Africa’s North West Province that have significant control over platinum resources in their territories. Utilising ethnographic data collected in the two study communities in 2008 and 2009, the thesis examines the character of community participation in platinum wealth utilisation; specifically, the conditions under which community participation promotes or hinders sustainable community development. The analysis uses a “three-dimensional participation ladder” conceptual scheme, based in part on Sherry Arnstein’s (1969) “ladder of citizen participation” and subsequent typologies of participation. Among the key findings of the thesis are that despite observed benefits, the interface of resource wealth and community development is fraught with tokenistic participation, elite-targeted grassroots anger, and local tensions – all linked to the contradictory nature of participation. The thesis further reveals that in some instances the challenge of platinum wealth-engendered community development tends to undermine existing customary and democratic spaces for participation, and that this is exacerbated by community-level issues such as poverty and inequality. The findings of the study compel a shift of analytical focus from conflict as an epiphenomenon of collective community exclusion and deprivation (as in the case of many natural-rich countries in Sub-Saharan Africa and elsewhere), to conflict as also resulting from collective community inclusion (in natural resource utilisation). At the policy level, the study generates insights that will, hopefully, assist mineral resource-endowed countries, such as South Africa, in dealing with the challenge of developing appropriate policy frameworks for regulating business and social partnerships between local communities and mining corporations, and within resource-rich communities themselves.

A research report submitted to the Faculty of Engineering and the Built Environment, University of the Witwatersrand, Johannesburg, in partial fulfilment of the requirements for the degree of Master of Science in Engineering, 2016 / The purpose of this research is to identify and outline the sustainable funding models for BEE transactions in the South African mining industry. It is proposed that from the early 2000s to 2014 the sustainability of BEE funding models was driven by regulatory pressure. In the absence of regulatory pressure, there would be a need to develop alternative funding models. The study uses a quantitative research methodology by examining the frequency of use of various funding models, the impact of regulatory interventions and use of various funding sources on the sustainability of funding models, regression analysis and significance testing. The research results show that the percentage of third party finance in funding structures has a negative correlation with the success of BEE transactions. Vendor finance shows a positive correlation with the sustainability of transactions, more so above 60% in the funding structures. Equity finance has a positive impact on the success of transactions from as low as 20% in the funding structures. An ideal funding structure would consist of the following funding sources:  Third party: Vendor: Equity = 40%: 20%: 40%, in the case of a BEE company that has equity available and  Third party: Vendor = <40%: > 60%, where no equity is available to BEE entrepreneurs. In the absence of BEE laws third party finance will dominate funding of empowerment transactions. Funding models based on third party finance must rely more on cash flow based payments rather than dividend payments to service debt.

Climate change has come to be understood as a deleterious phenomenon, which threatens business, society and ecological systems, thus making it imperative to understand its impact on human, social and economic activities as well as the impact of these activities on climate change. Against this background, this research sought to determine climate change intervention strategies in the mining supply chain in general, specifically focussing on opencast mining contracting and plant hire companies’ practices. This focus on the mining industry was driven by its importance in South Africa and globally, despite its significant direct and indirect contribution to climatic changes. The mixed-methods multiple case study focused on the climate change management of the Mutual Construction Company Group of Companies (MCCGC), an open cast toll mining firm and equipment supplier. Limited to two sites, Pilanesberg Platinum Mines (PPM) and Tharisa Minerals (Tharisa) Mines, the researcher gathered data through interviews, questionnaires, observations and document review. Data was analysed through deductive content analysis. The research made three major findings: (i) the MCCGC, like its principals PPM and Tharisa, does not have an explicit climate change management strategy. Instead, climate change is managed indirectly through implicit strategies seeking to manage environment, health and safety concerns of the mines, (ii) as a contractor, the MCCGC has had to adopt PPM and Tharisa’s implicit approach to climate change management strategies to meet contractual obligations, instead of an explicit approach and, (iii) the MCCGC and its principals’ commitment to environment, health and safety management, and implicitly climate change management, is not mere rhetoric but is being put into practice. The research concluded that MCCGC’s lack of expressed climate change management intentions and practices exposed the firm to climate change risks, most notably financial risks and reputation risks. Financial risks arise from possible ex post climate change liability. In addition, MCCGC is risking its contract tenures, particularly if the two mines change ownership and the new owners insist on an explicit rather than implied climate change strategy with all its suppliers. Reputational risks arise from the possible failure to attract new clientele and investors who may perceive MCCGC as a risky partner, due to an inept climate change intervention strategy / College of Agriculture and Environmental Sciences / M. Sc. (Environmental Management)