The Nature and Articulation of Ethical Codes on Tailings Management in South Africa

geosciences Review The Nature and Articulation of Ethical Codes on Tailings Management in South Africa Tobius Thobile Poswa 1 ID and Theophilus Clavell Davies 2,* ID 1 Department of Environmental Health, Faculty of Natural Sciences, Mangosuthu University of Technology, 511 Mangosuthu Highway, Umlazi 4031, KwaZulu Natal, South Africa; [email protected] 2 Department of Geology, University of Nigeria, Nsukka Road, 410001 Nsukka, Nigeria * Correspondence: [email protected] Received: 20 August 2017; Accepted: 26 September 2017; Published: 12 October 2017 Abstract: It is well recognized that the mining industry in South Africa is highly rated for its substantial contribution to the country’s economic growth, including employment and infrastructural development. It is also known that mining and ore processing activities potentially pose a severe threat to public health and environmental well-being, in the way operations are carried out, mine wastes are disposed of (in dumps), local communities are relocated, mine management and the mining community, in general, perceive established environmental standards and etiquette. This paper examines ethical practices and norms in the South African mining industry, with particular reference to the management of tailings dams. We analyse the modes of articulation of the country’s regulatory instruments for tailings management, and review the corporate social responsibility (CSR) approach of leading mining companies. Despite decades of research and resulting recommendations on tailings management, it is concluded that the current legislations are largely ineffective, that the level of adherence by mine management and the mining community is low, and that the mechanisms for compliance monitoring is weak. New perspectives on legislative issues for unsolved problems in tailings handling are put forward, and directions for future research, indicated. Keywords: mine tailings; ethics; legislations; corporate social responsibility; policy research; South Africa 1. Introduction 1.1. Background and Problem Statement The Republic of South Africa remains one of the top 5 mining countries of the world [1,2]. From when gold mining started more than a century ago, until 2006, South Africa has been the largest producer of gold in the world [3,4]. Cronje et al. (2013) [5] acknowledge mining companies’ contribution towards improved social development, in providing jobs, paying taxes, building an industrial base, enhancing efficiency, earning foreign exchange and transferring technology. On the other hand, some of these companies have been linked to a number of blatant public maleficent practices, including interference in sovereign affairs, deepening disparities in wealth, poor labour conditions, corruption, transfer pricing, and disrespect of human rights [5–7]. Some authors (e.g., [8–11]) however, consider the most worrying aspect of present day mining in South Africa to be the ethics of tailings handling and other mine waste disposal practices; and the impact these have on the health of surrounding communities and the environment as a whole, by way of pollution incidents, safety failings and reduction in the amount of space available for low-cost housing projects. Geosciences 2017, 7, 101; doi:10.3390/geosciences7040101 www.mdpi.com/journal/geosciences Geosciences 2017,, 7,, 101101 2 of 2829 In this paper, the term “tailings” is used interchangeably with the broader term “mine residue deposits”In this (MRDs), paper, thewhich term is “tailings”used in South is used Africa interchangeably to denote dumps, with the heaps, broader piles, term fillings “mine or residuetailings deposits”dams consisting (MRDs), of whichmine residue, is used which in South usually Africa project to denote above dumps, the natural heaps, ground piles, fillings surface, or but tailings may damsoccupy consisting the space ofof minea pre-existing residue, whichexcavation usually [12]. project above the natural ground surface, but may occupyMetalliferous the space of mines a pre-existing in the country excavation produce [12]. a substantial volume of mine waste. In the case of gold Metalliferousmining, for instance, mines in thein country1996 alone, produce a total a substantial volume of volume 377 million of mine tons waste. of mine In the waste case of were gold mining,produced, for accounting instance, in for 1996 81% alone, of the a total total waste volume stre ofam 377 in million South Africa tons of [13]. mine In waste2007, Rademeyer were produced, [14] accountingestimated that for approximately 81% of the total 12,000 waste ha stream of land in we Southre sterilized Africa [13 by]. 150 In 2007, MRDs Rademeyer in the Gauteng [14] estimated Province thatalone. approximately 12,000 ha of land were sterilized by 150 MRDs in the Gauteng Province alone. Only aa smallsmall percentagepercentage of of the the total total waste waste generated generated can can potentially potentially be be backfilled backfilled into into worked-out worked- areasout areas underground, underground, and theand bulkthe bulk of it isof deposited it is deposited in large in surfacelarge surface impoundments impoundments or tailings or tailings dams. Accordingdams. According to RSA to DEA RSA (2012) DEA [(2012)15], many [15], of many these of dams these are dams unlined are unlined and unvegetated and unvegetated (Figure1 ).(Figure They constitute1). They constitute the largest the single largest source single of pollutionsource of of po thellution soil, waterof the and soil, air water environments and air environments in South Africa, in includingSouth Africa, breakdowns including in nutrientbreakdowns cycling in (See nutrient Section cycling2, this article). (See Section Improper 2, handlingthis article). of tailings Improper can causehandling the of emission tailings of can extensive cause the dust, emission as well of as extensive acidification dust, and as salinizationwell as acidification of soils. Theand quantitativesalinization predictionof soils. The and quantitative integration prediction of these impacts and integratio is difficultn toof address,these impacts and the is impactsdifficult areto address, costly to manageand the andimpacts remedy. are costly to manage and remedy. Figure 1. Johannesburg’s Soweto Riverlea neighborhood in the shadow of a gold mine slag heap. Figure 1. Johannesburg’s Soweto Riverlea neighborhood in the shadow of a gold mine slag heap. Photograph: Alamy, 2015. Source: http://www.theguardian.com/cities/2015/jul/06/radioactive-city- Photograph: Alamy, 2015. Source: http://www.theguardian.com/cities/2015/jul/06/radioactive-city- how-johannesburgs-townships-are-paying-for-its-mining-past (accessed on 26 March 2016). how-johannesburgs-townships-are-paying-for-its-mining-past (accessed on 26 March 2016). Since the dawn of the anti-apartheid era, a plethora of codes and statements of corporate social responsibilitySince the (CSR) dawn have of the come anti-apartheid into being. New era, co anstitutional plethora of reforms codes and have statements been introduced, of corporate and a socialreview responsibility of environmental (CSR) and have mining come laws into being.has been New un constitutionaldertaken. In spite reforms of these have efforts, been introduced,vestiges of andexploitative a review colonial of environmental mining laws and appear mining to laws be hasstill been firmly undertaken. entrenched In in spite the of new these legislation, efforts, vestiges and a ofnumber exploitative of other colonial deficiencies mining remain. laws appear There to beare stilltoofirmly many entrenched loop-holes. in Stra thetegies new legislation,for effectively and aadministering, number of other monitoring deficiencies and enforcing remain. Therethe new are laws too and many policies loop-holes. are still Strategiesin need of forreview. effectively administering,As the mining monitoring and environmental and enforcing legislation the new laws developed and policies it became are still more in needand more of review. difficult for the miningAs the industry mining and in South environmental Africa to obtain legislation a permit developed for closure. it became This morehas often and been more the difficult result for of theunavailability mining industry of sufficient in South information Africa to for obtain confidently a permit predicting for closure. the This long-term has often impact been that the the result mine of unavailabilitymay have on nearby of sufficient residents information and on ecosystems for confidently around predicting the mines. the long-termAnother complicating impact that thefactor mine is maythat the have information on nearby available residents is and not on always ecosystems presente aroundd to authorities the mines. in Another a form that complicating is understandable, factor is practicable and reflective of pro-active management. Geosciences 2017, 7, 101 3 of 28 that the information available is not always presented to authorities in a form that is understandable, practicable and reflective of pro-active management. Legislative frameworks should be designed to help companies manage their tailings responsibly and safely and to be able to demonstrate this practice to regulators and the public, as well as to help companies implement due diligence. These frameworks should also provide a basis for developing customized management systems, exposing gaps within existing procedures, communicating with “communities of interest”, obtaining permits, conducting internal audits, and aiding compliance and due diligence,

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