Title page for ETD etd-10052010-122732


Document Type Master's Dissertation
Author Muzoroza, Tadios
Email tsmuzoroza@aol.com
URN etd-10052010-122732
Document Title Mining law and policy : a comparative analysis of South Africa and Zimbabwe’s mining laws and policy regimes
Degree LLM
Department Centre for Human Rights
Supervisor
Advisor Name Title
Prof D Bradlow Supervisor
Keywords
  • black economic empowerment programmes
  • white settlers
  • South Africa
  • mining laws and policy regimes
  • Zimbabwe
  • history of colonization
Date 2010-09-01
Availability unrestricted
Abstract

South Africa and Zimbabwe are both well endowed with mineral resources. Both countries share a history of colonization by white settlers with Zimbabwe getting its independence in 1980, followed by South Africa in 1994. Like most countries in Sub-Saharan Africa, they rely on their natural resources for sustenance. In their case, the mining industry has therefore contributed significantly to their development.

This study has illustrated the different mineral legislation and regulatory mechanisms in place for managing this important sector. In addition, to its mining and mineral legislation, South Africa has developed the Mining Charter and its associated regulations, to regulate its mining industry. A comparative analysis of the mineral rights and tenure has been in the two jurisdictions has been made. Zimbabwe’s mineral regime has been found to be lagging behind not only South Africa, but to most of the region’s regimes. Issues of adhering to the rule of law and respecting international laws and covenants have been highlighted especially in the case of Zimbabwe.

Black economic empowerment programmes in the two countries were discussed, with Zimbabwe again coming short. Recommendations for Zimbabwe following South Africa’s example were proffered. The same applies to environmental issues and sustainable development, Zimbabwe need to follow a more coherent path.

Harmonisation of mineral regimes within the SADC region was recommended. Further recommendations to achieve this goal were put forward.

© 2010, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.

Please cite as follows:

Muzoroza, T 2010, Mining law and policy : a comparative analysis of South Africa and Zimbabwe’s mining laws and policy regimes, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-10052010-122732/ >

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