Mineral Law in Africa and Department of Planning, Monitoring and Evaluation Scoping Workshop
On 21 August 2018, MLiA and the Department of Planning, Monitoring and Evaluation (DPME) are co-hostingan intergovernmental workshop on the coordination of mineral regulation and compliance across different organs of state. The workshop will be held at the University of Cape Town.
Context
The regulation of mining is the exclusive competence of the Department of Mineral Resources. However, many other government departments are impacted by or have a role to play in the mining industry. Those officials entrusted with implementing compliance or regulation of specific aspects of mining governance need clarity about their functions and how these relate to their peers in other departments.
Current Struggles
Various government departments entrusted with ensuring regulatory compliance for mining, report the need for effective internal communication and integrated processes. Systems may be incompatible for the cross-sharing of information, which will impact counterparts in other departments. This creates a knowledge imbalance within government and constrains cooperation between different departments. A scoping exercise will assess current efforts at coordination and the extent of the need for integration and systemic support.
Project Focus
The project aims to map the respective application processes for mining rights, environmental authorisations, water use licences and rezoning of land. It also investigates the relationship between mining and municipal integrated development plans and spatial development frameworks. Aspects of legislative uncertainty and inconsistency will be identified. Identification of these issues can assist to improve the efficiency of processes prescribed by the Mineral and Petroleum Resources Development Act and other related legislation. The purpose is to improve intergovernmental relations and cooperative government initiatives.
Workshop Outcomes
To scope the extent of the needed intervention, the workshop aims to evaluate the processes and involvement of different government departments in the mining context. The workshop will serve as a platform for representatives from different departments to highlight and discuss current difficulties and frustrations experienced, but also successes achieved in coordinating activities relating to the implementation of decisions about mining with other affected departments.
Targeted participants
Key stakeholders from various quarters of government have been identified to participate in the scoping workshop. These include the Departments of Mineral Resources; Environmental Affairs; Water and Sanitation; Rural Development and Land Reform; Cooperative Governance and Traditional Affairs; and the South African Local Government Association. Representatives from eight municipalities will also attend to present views from local government level.