The Wits Centre for Applied Legal Studies (CALS), which is part of a collective of community networks and civil society groups, says both bills have far-reaching implications for mining affected communities and deserve considered, meaningful engagement. "Releasing them for public comment for a month over December, without proper consultation, shows a disregard for the people the department is meant to serve and further perpetuates the marginalisation of mining affected communities. In fact, our courts have recognised communities and community networks as key stakeholders in mining who must be consulted on the laws and policies that affect them," it said
In addition to the public participation process being flawed, both bills represent a further disregard for mining communities, CALS says. "Neither recognises that communities have a right to free prior and informed consent, to decide whether or not mining should take place, despite the major gains and court victories which have found that they should."
The collective is delivering its demands to the department, which include:
