Paper short abstract:

The paper provides a review of the regulatory provisions for mitigating the impact of mining on urban and peri-urban communities in Zambia and Botswana. The south African legal framework is used as a benchmark.

Paper long abstract:

Mining has been a driver of growth in many African countries. However, it consumes large amounts of water and energy, and has significant amounts of waste. Consequently, it has significant impacts on the environment and the socio-economy of a country. This effect primarily falls on the urban and peri-urban areas of many African countries. The extent of these impacts can be mitigated partly through regulation to provide minimum standards for operation. Such provisions differ from country to country and the extent of regulation can have a significant effect on the welfare of the affected communities. Using document review complimented focus group discussions, this paper evaluates the role of mining regulation in reducing the impacts of mining activities on the welfare of the urban and peri-urban communities in Botswana and Zambia using South Africa as a benchmark. We find that the Mineral and Petroleum Resources Development Act (MPRDA) in South Africa provides a policy framework which ensures environmental protection as well as minimal impacts on communities that are in close proximity to mining activities. Such provisions however, are limited or non-existent in Botswana and Zambia, and any protection offered to communities are usually reliant on the Cooperate Social responsibility CSR) activities of the mines. Which in themselves are minimal and are viewed as benevolent acts of the mining companies. In view of this, regulatory reform is recommended to mitigate the impacts of mining on communities in Botswana and Zambia.