Legal frameworks for mine closure and rehabilitations in South Africa : advancing Social Justice for mining-affected communities

Abstract

The mining sector in South Africa, although economically essential, has resulted in a legacy of environmental degradation and socio-economic disruption, especially in areas near mining activities. With an emphasis on their potential to promote social justice for communities impacted by mining, this lecture critically analyses the changing legal frameworks guiding mine closure and rehabilitation. A movement towards more integrated and responsible closure planning is indicated by recent policy changes, such as the National Mine Closure Strategy and the 2025 Draft Mineral Resources Development Bill. These frameworks place a strong emphasis on stakeholder participation, lifecycle-based closure planning, and the development of post-mining economic potential. However, challenges still exist, including as poor enforcement, little community involvement, and the high cost of restoring abandoned and ownerless mines. This presentation makes the case for a rights-based strategy for mine closure that prioritises community agency, environmental restoration, and fair economic transition by drawing on case studies and legal analysis. To improve legal accountability and guarantee that mine closure is used as an instrument for restorative justice rather than as a postponed liability, it ends with policy recommendations.