The objective of this study is to conduct a critical evaluation of the Namibian
law and policy framework that currently regulates small-scale mining in
Namibia. The discussion begins with an introduction to small-scale mining in
Namibia which deals with the practice of small-scale mining, inter alia, as far as
it is defined and the possible affects thereof. Small-scale mining affects various
second generation rights of persons directly involved therein as well as the
community as a whole. These rights include child labour; unemployment;
gender issues; public health care; occupational health and safety; access to
finance; poverty alleviation; and access to mining tools, machinery, markets
and buyers.
The law and policy framework applicable to small-scale mining in Namibia is
accordingly critically discussed in terms of the strengths and weaknesses of the
current framework. It is found that small-scale mining is quite well regulated in
Namibia, but the current law and policy framework is not without its problems.
Some of the main weaknesses identified are the centralised nature of the
application for and pegging of claims, the lack of formal provision and
regulation of the off-set markets, and the lack of access to finance for smallscale
miners.
Recommendations are made, such as that regulatory measures should be put
in place to make provision for and to regulate the off-set markets for the
minerals being mined by the artisanal miners. At the end of the study further
research topics which relate directly to the regulation of small-scale mining in
Namibia are identified. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014
| Identifer | oai:union.ndltd.org:NWUBOLOKA1/oai:dspace.nwu.ac.za:10394/11016 |
| Date | January 2013 |
| Creators | De Jongh, Divan |
| Source Sets | North-West University |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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