A Case Study of Stakeholder Perceptions of the History,Management,and Decision-Making Approaches About Acid Mine Drainage in South Africa

Background and definitions

Over time in South Africa, some mines have shut down because of the depletion of the finite resources found within them. With the termination of mining activities, an ecological process begins in which the water in these underground mines rises to its previous levels and meets sulfide minerals, thus becoming highly acidic. This water then reacts with other minerals, which, in turn, produces other pollutants such as aluminum, lead, zinc, uranium, radium, and bismuth. ¹ Such an ecological issue is called AMD—a phenomenon through which underground water becomes highly polluted and acid water flows outward to the surface, often containing very high doses of toxic substances from abandoned mines. ² The most significant conditions for the proliferation of AMD are storage in open pits, expulsion from underground mining shafts, and ore stockpiles. ³ The treatment of toxic water that spews from these mines therefore should remain high on the agenda because if not attended to urgently, it may ruin many lives and efforts of achieving sustainability by communities. ⁴

Perhaps we can begin by clarifying what we mean by sustainability in this research. Given the social critical theoretical framework of this research, which will be explained later in detail, the concept of sustainability will be described with a critical lens. We consider sustainability to be about the relationship between human beings and the ecosystem they inhabit. In the South African context, we see that relationship existing as a three-legged table consisting of the environment, the economy, and society. ⁵ A similar view has been offered ⁶ that specifically in the mining sector, sustainability refers to a situation where mining is conducted in a manner that balances the “triple bottom-line,” that is, economic, environmental, and social considerations, and the author emphasized that sustainable mining is therefore considered as the one that promotes such a balance. One scholar concurs by challenging critical thinking about whether in a three-legged model, such legs provide equal support or whether there is hierarchy of values among these legs. ⁷ Our assumptions in this research are that the economic leg is given an upper hand by the mining industry and by the government as discussed in the sections that follow. While we admit that South African communities need a sustainably productive environment to provide economic resource foundation and to sustain their livelihood, in this critical approach we argue that a sustainable environment need not be dependent on prioritizing the economic leg but rather the society and the environment should be given an upper hand. This is because of the assumption of the potential of the economic leg to possess power and hence to marginalize the other two legs. The issues discussed below demonstrate that the economic sector and the mining sector have traditionally had an upper hand in the South African environmental sustainability context.

The emergence of the AMD problem and impact on environmental sustainability

It is claimed that currently in South Africa, there are ∼6000 mines that have been decommissioned and not rehabilitated. ⁸ Elsewhere, at different times of reporting, in the United States, there were almost 600,000 such mines, and 60,000 mines in Australia, ⁹ and this may demonstrate that this is always a problem in countries where there is mining. ¹⁰ The financial liability of these derelict and ownerless mines to the state is estimated to be 60 billion rand (US$ 6 billion). ¹¹ The social and health impacts of these closures on the state remain undetermined.

In 1996, geo-hydrologists and environmental scientists in South Africa predicted the West Rand decant in 2002, and hence, the birth of an Integrated Strategic Water Management Plan for the Gauteng gold mines. The proposed solution was to form a private company that would continue to pump water from the mining basins, which ultimately would result in the water becoming available for use in the phases of processed water, general effluent water, and potable water. ¹² However, the success of the proposed solution depended on the mines, water suppliers, water users, and government adopting this integrated approach. ¹³ The proposed solution was endorsed, although indirectly, with the adoption of the Constitution of the Republic of South Africa, 1996, which has been hailed as one of the most democratic in the world. ¹⁴ The Constitution of the Republic of South Africa, 1996, enshrines the right to an environment that is not harmful to the health and well-being of its citizens, to the conservation of its natural resources, and to the upholding of the tenets of sustainable development. ¹⁵

In their quest to address underground water pollution arising from mining activities, the erstwhile government established the Mine Health and Safety Act of 1976, which unfortunately applied solely to the safety and health of mine workers instead of both the mine workers and the local communities. The pumping of water into mines to increase their depth was stopped in 1998, particularly in the Western Basin of the Witwatersrand in South Africa. In the same year, the promulgation of the National Water Act (Act No. 36 of 1998) and the National Environmental Management Act (Act No. 107 of 1998) was completed. ¹⁶ Thereafter, a series of other legislation was introduced such as the National Nuclear Regulator and the Nuclear Energy Act (Acts Nos. 47 and 46 of 1999). ¹⁷ On closer scrutiny, this legislation was modeled on the notion of scientific risk assessment and was generally reactive ¹⁸ and lacked in positive impacts on sustainable development of ecosystems.

The above discussion of the historical and political aspects and the management issue leads to possible decision-making tools that include the precautionary principle (PP) and science-based decision making.

Overview of two decision-making approaches: science-based risk assessment and the PP

One scholar contended that conventional risk assessment or science-based risk assessment is typically viewed by government agencies and those in industry as the “sound science” approach to decision making. ¹⁹ This is a process in which decisions are made on the basis of what can be quantified, without considering what is unknown and cannot be measured. In this approach, risk assessment focuses typically on quantifying and analyzing problems rather than solving them. It questions how much pollution is safe or acceptable, which problems are we willing to live with, and how limited resources should be directed. ²⁰ In product development and policy advice in the context of policy-making, the role of science in risk assessment is largely based on the assumption that every hazard can be accurately predicted and that its respective probabilities can be calculated using scientific methods. ²¹

In the context of this research, the PP has potential in applications such as pollution control in mining, water pollution, air pollution, and protection of ecosystems. The principle says that unacceptable environmental and health risks should be anticipated, and they ought to be forestalled before damage comes to fruition, even if scientific understanding of the risks is inadequate or their causes cannot be proven conclusively. The strong versions justify or require precautionary measures, and some also establish liability for environmental harm. The foundation of this is in the Earth Charter, ²² which states:

The reversal of proof requires those proposing an activity to prove that the product, process, or technology is sufficiently “safe” before approval is granted. Requiring proof of no environmental harm before any action proceeds implies that the public is not prepared to accept any environmental risk, no matter what economic or social benefits may arise. ²³ The PP reflects that risk assessment is an uncertain science and is faulty at best and that serious harm may occur if we postpone regulatory action until all the risks regarding an activity are fully understood.

This study therefore aimed to establish the opinions of the mining management stakeholders regarding the impact of science-based risk management tools and the potential of adopting alternative decision-making tools in AMD management issues. This was to be achieved by finding out stakeholder perceptions of the history, management, and decision-making approaches on AMD in South Africa.

Sampling

Twenty individual interviews were conducted with key role players who had in-depth knowledge of the AMD problem. These included six who were in the category of engineers and scientists, six who were in the category of management, and eight who were employees at any level working at affected mines. Employees included ex-employees from the now decommissioned mines, and mine managers included those working in management in environment-related government departments such as the Department of Water Affairs (DWA) and the Department of Mining Resources (DMR). A summary of participant profiles is given in Appendix Table A1. Purposive sampling was used and supplemented by a snowball sampling methodology in which contacts at the mines and environmental departments suggested other employees who were knowledgeable about the issue being researched.

Given the qualitative nature of the project, it must be emphasized that the sampling was done considering that this case study is considered to produce exploratory type of results. The aim in an exploratory case study is not to achieve generalizability but to lay a foundation for further investigation of issues that have not been explored before. ³⁰ The interview methods adopted were therefore aligned to this purpose as described in the sections that follow.

Setting

For the purpose of this study, interviews were conducted with employees of mining companies in five provinces where coal and gold are mined, namely Gauteng, Limpopo, Mpumalanga, Free State, and North West. ³¹ Gold and coal mines were selected for the study because of their potential to create AMD. Selection of specific mines was based on the magnitude of the environmental problem each mine had created, its age (older than 20 years), its geographical location, and the availability of accessible records of serving employees with institutional memory.

Interview method

In-depth interviews were used in this study, and each participant was interviewed for an hour. The interview questions used were predominantly open ended to procure the participants' opinions in their own words. ³²

The interviews in this case study were conducted in two phases. In Phase 1, the questions concerned the background of AMD issues and finding out the understanding and opinions of participants regarding the prevailing approaches to management of AMD issues. This phase also sought opinions about the impact of risk assessment in environmental decision making. In this context, a retrospective review or evaluation was done of legislation, standard practices, and approaches, all of which arguably have had an influence on the emergence of the AMD problem.

In Phase 2, the focus was initially on a prospective assessment of the potential of alternative decision-making tools such as the PP in making a difference to future responses to the AMD issue. Thereafter, the focus was on the implications drawn from this assessment for approaching risk management and policy-making regarding AMD.

Theme 1: AMD background issues

In terms of background issues, three engineers, one water researcher, one manager, and one deputy director from the Department of Environmental Affairs answered the question regarding the dates on which the AMD was first noticed. However, there were differences regarding the year in which AMD was first noticed. In addition, the engineers seemed uninformed about the origins and impact of AMD.

Certain participants were unsure about its origins.

The above statements may be interpreted to show confusion about the period around which the AMD issue started.

Theme 2: decision-making approaches in AMD issues

This theme emerged from the question that sought to find out if scientific methodology was pursued when the thought of decommissioning the mines was mooted, and answered by only two participants from the Free State mine. The participants indicated that the commissioning and decommissioning of the mines under their control were informed by scientific inquiry. They indicated that studies were conducted to determine the extent of the impact that would ensue in the event of decommissioning the mine.

Unfortunately, the interviewer was not able to validate the claim that this participatory process existed. The participant further indicated that:

Regarding Question 8, participants at Crown Mine, Randfontein, Harmony Mine, Springs, and Krugersdorp gave a clear picture of how they approached the general issue of risk analysis.

Concerns were also raised by the participants at Crown Mine, Stilfontein Mine, and Orkney Mine regarding AMD. Their concerns were mainly about the risk assessment process previously followed.

Theme 3: denialism

Other participants indicated that they never invested in a hypothetical threat called AMD since it is a relatively new phenomenon that still needs to be investigated and researched. Their contention was that even if AMD exists, it had no bearing on their business because there is no record of deaths from AMD-related complications.

They also pointed out that South Africa is not the only country plagued by the scourge of AMD; even technologically advanced countries such as South Africa and Europe are victims of AMD.

It was apparent that the participants were not convinced of the existence of the problem without confirmation of the number of people who had died as a result of AMD. In the absence of this, AMD remained a delusion for them. They further argued that communities have learnt to be risk averse and that nothing risky surprised them anymore. From this, it was deduced that there is a high degree of denialism and skepticism regarding the existence of AMD.

The question regarding what would have happened if AMD was identified in time and why it was not responded to accordingly raised many issues. Various arguments were posed by the participants.

Clearly, this indicates an ignorance and lack of education regarding the impact of mining on the environment and the subsequent environmental challenges. The impression created is that mines create jobs and income, and this is the priority regardless of the consequences.

Theme 4: dominance of science

One question sought to understand the opinions of government and other stakeholders regarding science-based decision making in matters of policy on the environment. The responses for this question clearly pointed to the reliance on science.

In addition, there appeared to be the insinuation that science was the only option.

The risks identified through the responses elicited by the follow-up question were mainly associated with machinery breakdown that may affect productivity.

While acknowledging that science-based risk assessment to address the question of AMD cannot be rejected outright, they maintained that:

Theme 5: blame game

Regarding the question that sought to understand why AMD was not identified as an issue and the reason for this oversight, participants blamed poor coordination among various departments.

Participants also indicated that environmental legislation appears to place the blame on mining houses while they in turn blame government for lack of action.

From the above, it can be seen that while government has failed to hold the initiators of the AMD problem accountable, taxpayers have been given the added burden of helping to pay for rectifying the situation.

Theme 6: legislative constraints

For the question that sought to understand why AMD was not identified as an issue, participants pointed to poor formulation of environmental laws. Some participants deconstructed the way in which the legislation of previous regimes was structured. The participants argued that:

Other participants decried the limitations that are inherent in environmental legislation. They argued that current legislation such as the National Water Act and the National Environmental Management Act are ineffective since:

The participants felt that government should be reactive rather than proactive when dealing with hazards associated with mining. Accordingly, one of the participants who has retired from active mining felt that:

A participant from the DWA also alluded to the fact that:

Some participants at Pontdrif indicated that:

Furthermore, in regard to legislative issues, participants mentioned issues of legislative bias. Six participants indicated that in the history of mining in South Africa and in the world at large, little emphasis has been placed on environmental protection.

Participants further indicated that both historically and currently, the main focus of mining laws is purely economic, which for any country, politically and socially, is the main driver of stability. They further posited that at the time, science was in its infancy, and hence, the danger of AMD would not have been considered.

Similarly, another participant indicated that historically, the motives were strictly applicable to the safety of the workforce, not to the protection of the environment.

Theme 7: corruption

Some participants were suspicious of government's relationship with mining houses and alleged that some government ministers are shareholders in the mines, a fact that has been corroborated by the Marikana Commission. Participants even referred to the relationship between government and mining houses as:

Indeed, this relationship exposed was said to be massive corruption. ³⁵ Accordingly, certain participants argued that this is part of the reason why the issue of AMD cannot be resolved.

Some participants lamented that they have been left with the big task of rectifying the problem created by the Big Six mining houses ³⁶ in South Africa.

The government's commitment to resolving the AMD issue also comes into question as was once seen in one of its fiscal budgets dedicated to address the AMD issue—it was in fact far below what is required to address AMD effectively. ³⁷ It is, therefore, unfortunate that the looming issue of AMD may have serious ripple impacts on the ecosystems and the quality of water in South Africa and beyond its borders.

From the discussion thus far, it can be seen that conventional risk assessment and management may not be effectively dealing with AMD. Participants seemed to claim that something more robust and more fundamental than science-based decision making must be used to address the challenges inherent in science regarding environmental decision making. Although the opinions of the interviewees are not taken to be generalizable, the effort made to capture the public voices is considered to be one of the first steps and efforts toward public participation.

Procedure

The interview questions in Phase 2 were posed after exposing participants to a short lecture on the PP. This involved three slides: (1) background of the emergence of the PP and its definition; (2) instances in which the PP can be applied; and (3) the strengths and weaknesses of the PP and how it compares with other alternative decision-making tools. The questions, therefore, probed how participants understood and conceptualized the concept of the PP. Insights into the understanding of the concept, whether or not it opened up the possibility of thinking about risk in general in alternative terms, and the risks of AMD in mining in South Africa in particular were captured.

Theme 8: ignorance of the PP

Information gathered during the second phase of field work indicated that some employees within the mining sector were not aware of the PP. At times, it was confused with the polluter pays principle.

With regard to those who were generally aware of the PP, their personal interpretations of the PP, and their reconceptualization of the scope of the PP were somewhat limited. The responses ranged from misinterpretation of the concept to a limited interpretation focusing specifically on the aspect of scientific uncertainty.

Furthermore, the potential of the PP was probed. Ignorance was noted when participants were asked if they were aware of a specific piece of legislation that made reference to the PP directly, for instance, the Wingspread Statement, and the answer was “no.” Ignorance was also observed among participants who insisted that the PP is implied in our environmental legislation and represented by the Environmental Management Act, the National Water Act, and so on.

Only 3 of the 26 participants interviewed indicated a solid knowledge of the principle and its underlying themes, but did not endorse it as an effective tool in environmental decision making. Despite possessing solid knowledge of the PP, the three participants did not mention the concept of shifting the onus of proof to the proponent of an activity.

The PP was also largely perceived as a poor choice on which to base decision making. Three of the participants who represented the category of engineers argued that the South African environmental legislation is the best in the world because it embraces the concept of the PP through the polluter pays principle.

Although some of the engineers who were interviewed were aware of the PP, their views were strongly influenced by political overtones. They thought that if the PP was adopted, government could use it to dismantle existing scientific structures, retrospectively trying to implement its unscientific policies and thereby delaying implementation of better technology.

Theme 9: dominance of science

Participants were also asked if they knew of any decision-making methods other than the scientific methods. Some were optimistic about the adoption of alternative solutions to science:

Although some participants saw an opportunity for alternative decision making, some seemed to think that alternative decision making should also revolve around science. Despite this view, some participants were adamant that EIAs could rather substitute qualitative risk assessment and management.

From the discussion above, it can be seen that for most interviewees, science has a dominant role in decision making, and science also appears to be endorsed by politicians as a reliable tool in confronting and resolving AMD issues. However, it appears that where science fails to deliver, the conventional approach maintains that the onus of demonstrating harm will then shift from the proponents to those affected by the decision.

Developing a narrative using major themes: management of AMD and decision-making approaches

Two major themes were developed from the themes identified in the two phases of interviews, resulting in one continuous account or narrative. ³⁸ The two major themes developed were management of AMD and decision-making approaches.

The themes' background issues, blame game, denialism, governance, and corruption were combined into a major theme of management of AMD. The major theme of decision-making approaches incorporated the themes of ignorance of the PP, knowledge of the PP, dominance of science-based decision making, and decision-making approaches. These major themes are used as frameworks for the discussion below.

Management of AMD

It is important to state explicitly that the debate of water management and its regulation is incited by the seeming failure of both government and mining houses to take responsibility for the AMD crisis. The greatest challenge confronting AMD management is the question of who initiates payment for the remediation of AMD ³⁹ and hence this is the reason why participants spoke of the blame game. Should it be the government, communities, or owners of abandoned mines? If it is to be the government, there is a further question of whether it is appropriate for the tax payers' money to be used to correct the mistakes of profit-making companies. A better defence of the government paying for the bills is that of a responsibility for public health protection. The question of owners of abandoned mines is also difficult as some of them may not even be traceable. There is apparently a stalemate here.

On issues that were mentioned by participants about denialism, the fact that the impact of AMD has been downplayed and even denied by government and mining houses ⁴⁰ is disappointing to say the least. It appears that the only groups that see the danger associated with AMD are environmentalists, the media, and to an extent communities who bore the brunt of this environmental onslaught. ⁴¹

Regarding this issue of legislative constraints and coordination among government departments, a note on AMD from the Council for Scientific and Industrial Research claimed that roles and responsibilities of different government departments are “vaguely defined” and that the government is “reactive rather than proactive.” ⁴² Although overlapping governmental roles and responsibilities make it simple for one department to delegate the problem of AMD to another, it appears that in South Africa, this has led to a lack of coordination. It seems as if the mining department (DMR) and the water department (DWA) are in competition. One scholar argued that the DMR on the one hand wanted jobs and money, while on the other hand, the DWA was tasked with protecting the environment ⁴³ and further argued that whether they take one another seriously or not is a question yet to be answered. ⁴⁴

In addition, some participants were suspicious of government relationship with mining houses. They alleged that some government ministers are shareholders in the mines, a fact that has been corroborated by the Marikana Commission. ^{45 , 46} One participant has even referred to the relationship between government and mining houses as toxic, which opens itself to massive corruption. Some respondents accordingly argued that this is why the issue of AMD cannot be resolved, because government has a stake in the mines. This issue of corruption has indeed been implied in arguments of scholars in the issue of AMD in South Africa. ^{47 , 48}

Decision-making approaches

We also turn our attention to the perceived ineffectiveness of government in acting decisively in addressing the issue of AMD. This ineffectiveness has been blamed on the decision-making approaches adopted by government. This, we believe, pertains to another structural issue in the approach to the AMD problem, the role of science in decision making by government. The conventional approach to risk analysis and management appears to be deeply rooted in the mining industry while alternative decision-making tools such as the PP are available. This study group appeared to lack knowledge of the roles of alternative decision-making tools and appeared to reject any alternatives to science.

From the interviews, it appeared the participants tended to depend on science when discussing policy proposals about environmental protection. This may be because they consider science as universal, ⁴⁹ which to them means that science has the image of carefully directing the understanding of causal linkages and relationships underlying the connection of policy to environmental protection. In different contexts, government seeks the endorsement of science to legitimize unpopular policy documents since science is perceived as the means to achieve any objective. ⁵⁰ Another interpretation could be that government appropriates the open-ended nature of scientific investigation and scientific uncertainty when it is politically useful. ⁵¹

In areas of intense environmental conflict in which there is a political struggle between communities and government or between different interest groups such as AMD, scientists in reality have little influence, if any, where policy is concerned. It is, therefore, not surprising that the public has become a great deal more critical than previously in discerning the bias embedded in the communication of scientific findings. ⁵²

Given the arguments above regarding the marginalization of communities, we posit that the PP as a decision-making tool can be used in conjunction with other decision-making tools to consider fully the concerns of all stakeholders. The Wingspread Statement on the PP (1998) asserts:

Since the PP endeavors to include communities in environmental decision making, some participants were concerned that science will simply be devalued by nonscientists. Our contention, however, is that if the PP is followed, communities will provide their knowledge of their environment and help articulate solutions in a manner that will appeal to both the scientific and the nonscientific community alike. This does not necessarily mean that this locally contextualized knowledge will erode confidence in science.

Our argument is that the artificial barriers that have been constructed to divide scientific and nonscientific communities must fall to allow for more constructive discussion in dealing with AMD. We argue that despite the fears of adopting and implementing the PP as articulated by the participants, its success can be demonstrated by its effectiveness in decision making about genetically modified organisms, mad cow disease, climate-change debates, and so on. ^{53 , 54} Furthermore, the success of applying the PP in decision making is well documented, ⁵⁵ through which the PP has been acclaimed for improving environmental quality and human health. Our contention, therefore, is that the PP as an ethical and political tool possesses the possibility of clearly giving direction to decision making in contexts of uncertainty. We argue further that given the uncertainty of science, the PP can help decision makers to instill democratic principles in decision making and to gain more clarity on the general direction that needs to be followed in decision making. In other words, the PP acknowledges that the experience of communities cannot be ignored and is useful in assisting scientists in fully understanding the AMD issue in particular.

The following paragraphs discuss the possible contributions that various role players can make by applying the PP as a tool in environmental decision making.

Public participation in sustainability actions

The PP is advocated here because it provides the mining industry with an opportunity to incorporate the ethics of corporate social responsibility specifically in terms of environmental sustainability as has been described before. ⁵⁶ Environmental sustainability goals can be achieved by the corporate mining industry through environmental management plans and adoption of a radically transformed approach to business decisions that is understood by the public. Thus, such actions will need to acknowledge that the decisions are not purely business ones but are embedded in society. ⁵⁷ The PP compels the mining industry to account legally by including appropriate sanctions in legislation to enforce the disclosure of risks associated with the mining activities.

The PP also imposes the duty of care on policy makers and the mining industry alike to ensure that natural ecosystems of communities are sustainable and not adversely affected by the activities that they have licensed or embarked upon. Furthermore, in cases where violations of sustainability goals occur, the duty of care required by the PP dictates that owners (i.e., mining houses in the case of AMD) should immediately take steps to prevent the challenge becoming out of control. The business model for managing the environment should be reconsidered because it is currently exploitative and only benefits a select few at the expense of the majority.

Participatory methods in decision making

Given the social critical lens and the participatory elements based on ideas of scholars, ⁵⁸ it is our contention that during the decision-making process, the interested, affected, and other stakeholders should be proactively involved in seeking decisions that demonstrate the democratic principle. It was earlier demonstrated in this work that the role of communities in environmental decision making and other sustainability actions should not be disregarded by those in power. The application of the PP initially should involve allowing communities to identify the issue under discussion, defining policy questions and possible options with all role players involved and framing scientific questions in conjunction with communities. ⁵⁹ After conception of the problems, the following stages could involve selecting advisers to represent the lay public and communities, assessing and monitoring the findings with consideration of the lived experiences and local knowledge of the communities and individuals subjected to the activities and gaining prior informed consent from communities on decisions to commission or decommission mines.

Summary

From the discussion, it can be concluded that the threat of AMD has other important dimensions of related issues of public participation and decision-making approaches. The concept of PP is not well understood by all who are custodians of the mining industry. Among those who have knowledge of the PP, there is much skepticism about its relevance. Some think that the PP is foreign and too theoretical and hence cannot find any practical application for it. It is also apparent that mining activities undermine the human and social rights of surrounding communities. Despite the proactive environmental laws in South Africa, such laws may have little effect in protecting the environment and ensuring sustainable use of resources because of the seeming dominance of trust in science and expert knowledge, with lay knowledge being marginalized.