Codel assignment cover 2021 academic year

Assignment no. 1.
CODeL ASSIGNMENT COVER
2021 ACADEMIC YEAR
Student Name
RT KAMBINDJI
Student number
201506548
Email Address ndategaomuwa@gmail.com
Cell/Tel no
0811443769
CODeL Centre
MAIN CAMPUS
Course/Module Name
Course/Module
Code
MINING LAW
PML 3870

A comparison and evaluation of the extent to which the legal
frameworks in Namibia and South Africa promote or hamper
investment into and tenure security within the extractives
sector.
Introduction
All law is crafty. Perhaps none more so than mining law, particularly in resource wealthy Africa where miners are endeavoring for success in an unsteady global economy. The demands on their commercial enterprise are multi-fold, but most notably regard long-term investment cycles and dynamic regulatory and tax regimes.
1
Furthermore, in the African continent, we are experiencing the emergence of some level of resource nationalism, but surely not to the magnitude that it is deeply infeasible. Besides, the African continent is cursed with having to journey the resources cycle. At the underside,
governments are offering everything to draw in investors while, at the higher end of the cycle, miners are generating favorable earnings and the government then attempts to increase taxes consequently.
2
In terms of article 100 of the Constitution of the Republic of Namibia:
3
“all natural resources, including mineral resources below and above the surface of the land and in the continental shelf and within the territorial waters and the exclusive economic zone of Namibia belong to the state,
unless they are otherwise lawfully owned”.
Mining in Namibia is regulated by the Minerals (Prospecting and Mining) Act
4
and section 2 of the Act vests all rights relating to mineral resources in the custody of the state. The Act further stipulates for the management of the minerals industry and access to mineral resources through different forms of authorisations.
5
In addition, all health and safety facets associated with the mining industry were passed in terms of the previous Mines, Works and
1
Africa Legal. Available at https://www.africa-legal.com/;
last accessed on 5 April 2021.
2
Ibid.
3
Of 1990.
4
No. 33 of 1992.
5
Ibid.

Minerals Ordinance
6
. These regulations are still effective in terms of the
Minerals Act
7
and will stay effective until they are repealed.
The overall health and safety modulates under the Labour Act
8
are also applicable to all employment relationships in Namibia, including those in the extractives industry. Moreover, the exploitation of extractives is also affected mostly by the Environmental Management Act
9
(“EMA”) and in terms of this
Act, no person may initiate a listed activity without an environmental clearance certificate. Listed activities include mining and quarrying activities and the
Minister of mines and energy is not allowed to issue a mining licence before the applicant has duly acquired an environmental clearance certificate.
Different other Namibian statutes might be relevant to the mining industry.
These include the Diamond Act
10
, the Minerals Development Fund of Namibia
Act
11
, the Namibia Investment Promotion Act
12
, the Soil Conservation Act
13
,
the Hazardous Substance Ordinance
14
, the Atmospheric Pollution Prevention
Ordinance
15
, the Prevention and Combating of Pollution of the Sea by Oil
Act
16
, the Forest Act
17
, as well as the Atomic Energy and Radiation Protection
Act
18
On the other hand, South African Mining Law is regulated by the Mineral and
Petroleum Resources Development Act
19
(“MPRDA”), which is the paramount composition of statute law dealing with acquisitions or rights to conduct reconnaissance, prospecting and mining in the country. There are various other compositions of statute law which deal with such auxiliary issues such
6
No. 20 of 1968.
7
No. 33 of 1992.
8
No. 11 of 2007.
9
No. 7 of 2007.
10
No. 13 of 1999.
11
No. 19 of 1996.
12
No. 9 of 2006.
13
No. 76 of 1969.
14
No. 14 of 1974.
15
No. 11 of 1976.
16
No. 6 of 1981.
17
No. 12 of 2001.
18
No. 5 of 2005.
19
No. 28 of 2002.

as the Mineral and Petroleum Resources Royalty Act
20
, which deals with royalties, the Mining Titles Registration Act
21
which deals with title registration and the Mine Health and Safety Act
22
which regulates health and safety in the extractives sector.