The Stilfontein Mining Crisis and the Constitutional Dilemma

Issued by Ezra Mendel on behalf of the FW de Klerk Foundation:

The recent developments in Stilfontein have exposed a deep, raw nerve in South Africa’s socio-economic and legal fabric. The town, like many others across South Africa, finds itself besieged by illegal mining activities, facing an escalating crisis that cuts across human rights, environmental protection and social justice. Stilfontein is a flashpoint where the Constitution’s progressive ideals clash with the grim South African reality. The outcome of this will shape the broader debate on how to reconcile the rights of South Africa’s most vulnerable citizens.

Attracting a wide spectrum of views on the issue, the crisis reveals different expectations on Constitutional responsibilities, a sort of constitutional duality. On the one hand, it guarantees safety, security and dignity for all. Section 12 ensures everyone has the right to freedom and security, including protection from violence and crime. Communities living near illegal mining sites in Stilfontein suffer daily from violence, environmental degradation and economic instability. They have a constitutional right to live in peace, without fear of gang warfare, collapsing land, or polluted water sources. On the other hand, section 10 of the Constitution guarantees the right to dignity, a right which applies equally to desperate individuals who, out of sheer necessity, engage in illegal mining. Many of these zama- zamas—migrant workers and impoverished South Africans—have been pushed to the margins of society, excluded from formal employment and forced to risk their lives in dangerous, makeshift mines. The Constitution calls for the protection of their dignity, recognising that their participation in illegal mining is a symptom of a much larger failure, one rooted in South Africa’s ongoing battle with inequality, poverty and a lack of economic opportunity.

Here lies the dilemma: How do we….continue reading this article HERE.

Faith Muthambi: {2014 – 2015} Muthambi focused on the implementation of digital migration and enhancing broadcasting services, as well as promoting digital literacy among South Africans.