Towards the formalisation of artisanal and small-scale mining in South Africa

Abstract

Artisanal and small-scale mining (ASM) plays a significant role in South Africa’s mineral economy by providing livelihoods to many who operate outside the formal mining sector. However, despite its contribution, the occupational health and safety (OHS) of these miners remain poorly regulated and often overlooked in existing labour and mining legislative frameworks. Current literature and legislation tend to address large-scale mining operations, leaving a gap in understanding how existing OHS frameworks apply to the informal or semi-formal ASM sector. This research seeks to bridge that gap through a doctrinal analysis of relevant legislation, case law, and policy instruments. The research identifies key shortcomings in the regulatory framework and proposes policy reforms aimed at strengthening OHS protections for artisanal and small-scale miners in South Africa.