Illegal mining in South Africa and Peru: a comparative analysis of policy, enforcement and socio-economic impacts

Abstract

Illegal mining poses a substantial threat to the economies, environments and social fabrics of mineral-rich nations. This dissertation contends that South Africa’s illegal mining issue is not solely due to inadequate enforcement but also results from deficiencies in the legislative and regulatory framework, especially the lack of formalisation pathways for artisanal and small-scale mining (ASM). This research utilises a comparative legal analysis with Peru, exploring the policy frameworks, enforcement practices, and socio-economic impacts in both countries. South Africa’s response to illegal mining has been reactive and punitive, characterised by criminalisation without sustainable solutions and a failure to differentiate between subsistence-driven artisanal miners and profit-motivated criminal organisations clearly. The study finds that the Mineral and Petroleum Resources Development Act (MPRDA) remains uncertain and ambiguous owing to burdensome mining licensing procedures that often disadvantage subsistence miners from marginalised communities, driving them towards illegal mining. Peru has seen partial success through legal reforms that not only recognised ASM, but also differentiates between informal ASM and illegal mining. These reforms are complemented by the creation of the Integral Registry of Mining Formalisation (REINFO) and the criminalisation of various supply chain actors engaged in illegal mining. The study offers recommendations, including legislative amendments to formally recognise ASM, the establishment of a formalisation registry to help distinguish between informal and illegal miners, criminalisation of the illegal mining supply chain, and improved intergovernmental agency collaboration.