Mining Africa. Law, Environment, Society and Politics in Historical and Multidisciplinary Perspectives

Yaya Fonye Odette

Description

This book is a pacesetter in matters of mining and the environment in Africa from multidisciplinary and spatio-temporal perspectives. The book approaches mining from the perspectives of law, politics, archaeology, anthropology, African studies, geography, human ecology, sociology, history, economics and development. It interrogates mining and environment from the perspectives of customary law as well as from the perspectives of Euro-modern laws. In this sense, the book straddles precolonial, colonial and postcolonial mining and environmental perspectives. In all this, it maintains a Pan-Africanist perspective that also speaks to contemporary debates on African Renaissance and to the unity of Africa. From scrutinising the lived realities of African miners who are often insensitively and unjustly addressed as “illegal” miners, the book also interrogates transnational mining corporations; matters of corporate social responsibility as well as matters of tax evasions by transnational corporations whose commitment to accountability to African governments is questioned. With both theoretical chapters and chapter based on empirical studies on mining and the environment across the African continent, the book provides a much needed holistic, one stop shop for scholars, activists, researchers and policy makers who need a comprehensive treatise on African mining and the environment. The book comes at the right time when matters of African mining and environment are increasingly coming to the fore in the light of discourses about the new 21st century scramble for African resources, in which big transnational corporations and nations are jostling to suck Africa dry in their race to control planetary resources. It is a book that speaks to contemporary broader issues of (de-)coloniality and transformation of African minds and African environmental resources.

Sujets

• African Studies

Informations

• Publié par: Langaa RPCIG
• Date de parution: 01 mai 2017
• Nombre de lectures: 3
• EAN13: 9789956764563
• Langue: English
• Poids de l'ouvrage: 4 Mo

Extrait

MINING AFRICA MINING AFRICA Law, Environment, Society and Politics in Historical and Multidisciplinary Perspectives

E DITED

BY

E DITEDBY Artwell Nhemachena & Tapiwa V Warikandwa

MINING AFRICA: Law, Environment, Society and Politics in Historical and Multidisciplinary Perspectives Edited by Artwell Nhemachena & Tapiwa V Warikandwa

L a ng a a R esea rch & P u blishing CIG Mankon, Bamenda

Publisher: LangaaRPCIG Langaa Research & Publishing Common Initiative Group P.O. Box 902 Mankon Bamenda North West Region Cameroon [e-mail] www.langaa-rpcig.net Distributed in and outside N. America by African Books Collective [e-mail] www.africanbookscollective.com ISBN-10: 9956-764-32-9 ISBN-13: 978-9956-764-32-7 ©Artwell Nhemachena &Tapiwa V Warikandwa 2017 All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, mechanical or electronic, including photocopying and recording, or be stored in any information storage or retrieval system, without written permission from the publisher

List of Contributors Artwell Nhemachenaholds a PhD in Social Anthropology; Master of Science in Sociology and Social Anthropology and Bachelor of Science Honours Degree in Sociology. He has lectured at a number of universities in Zimbabwe before pursuing his PhD studies in South Africa. Currently he lectures in the Sociology Department at the University of Namibia. His current areas of research interest are Knowledge Studies; Development Studies; Environment; Resilience; Food Security and Food Sovereignty; Industrial Sociology; Conflict and Peace; Transformation; Science and Technology Studies, Democracy and Governance; Relational Ontologies; Decoloniality and Anthropological jurisprudence. He has published in the areas of social theory, research methods, democracy and governance; conflict and peace; relational ontologies; industrial sociology; development; anthropological jurisprudence, environment, and knowledge studies; transformation and decoloniality. He is a CODESRIA Laureate since 2010 and has been participating in the CODESRIA Democratic Governance Institute. Tapiwa Victor Warikandwaholds Doctor of Laws, Master of Laws, and Bachelor of Laws degrees from the University of Fort Hare in South Africa. Currently, he is a Senior Lecturer in the Faculty of Law at the University of Namibia. He specializes in International Trade Law, Labour Law, Indigenisation Laws, Mining Law and Constitutional Law amongst other disciplines. Prior to coming to Namibia, Dr. Warikandwa worked as a legal officer and later legal advisor in the Ministry of Public Service Labour and Social Welfare. Key amongst his duties was legal drafting. Dr Warikandwa worked with the law reviser of the Ministry of Justice in Zimbabwe in reviewing laws administered by the Ministry of Public Service Labour and Social Welfare. Dr Warikandwa also completed an ordinary and advanced training in Labour Law Making at the International Labour Organization’s International Training Centre in Turin Italy. On numerous occasions, Dr. Warikandwa was actively involved in the activities of the Cabinet Committee on Legislation on behalf of the Ministry of Public Service Labour and Social Welfare. Dr.

Warikandwa has since written books on labour law and women’s rights in South Africa and Namibia respectively, as well as publishing articles in accredited peer reviewed journals such as Law, Development and Democracy, Speculum Juris, Potchefstroom Electronic Law Journal, Comparative International Law Journal for Southern Africa and the African Journal of International and Comparative Law, amongst others. Dr. Warikandwa has also been awarded a number of merit based scholarships and has served as a Post-doctoral Fellow with the University of Fort Hare in South Africa. He has also worked as a senior lecturer at the University of Fort Hare and presented papers at conferences in and outside South Africa. Christopher Dick-Sagoe is a development specialist. He recently completed a Doctor of Philosophy programme in Public Administration in India, where his thesis examined the efficiency of decentralised local governments in providing public services in Ghana. Before starting the PhD programme, he headed the research and development unit of the Ghana Technology University College, Takoradi campus. He taught research methodology and supervised Masters’ theses of students in the same University. His previous position was a junior lecturer in Ashesi University College in Ghana. His academic qualifications span from Bachelor of Science Development Planning, Master of Philosophy in Development Studies and PhD Public Administration. Dick-Sagoe is a proud author of more than 12 peer reviewed papers and has made several presentations at international conferences in different countries. He has special enthusiasm for researches in the fields of poverty, decentralization, rural sustainable livelihoods, environment and local governance and accountability. Currently, his research has concentrated more on improving the efficiency of decentralised service provision to achieve sustainable poverty reduction in Ghana. He has peer reviewed papers for Public Administration Research Journal of the Canadian Centre of Science and Education. Jean-Pierre Womeis a CODESRIA fellow and doctoral candidate in the department of Criminal and Procedural Law in the Faculty of Law of the North West University, South Africa. He holds an LLM

in conflict management from the University of Fort Hare, South Africa, and, an LLB from the University of Buea, Cameroon. He has authored many articles in the areas of international law and constitutionalism. Presently, his research interest is focused towards the challenges facing the International Criminal Court. Tembo Moment is a PhD student at North West University, Potchefstroom Campus at the Bench Mark School for Corporate Social Responsibility (CSR). His research area is mining and development focusing on the impact of Corporate Social Investment on communities in the mining industry. He is a holder of a Bachelor of Sociology (Honours) from the University of Fort Hare and a Masters in Development Studies from Nelson Mandela Metropolitan University. He is studying for a Post-graduate diploma in Risk Management at the University of South Africa and currently working as a Researcher and risk Manager at Acmeret Solutions Consultancy. Njabulo Chipanguraemployed by the National Museums and is Monuments of Zimbabwe as an archaeologist and is based in Eastern Zimbabwe at Mutare Museum. His research interests include looking at the configuration and reconfiguration of museum collection and exhibition practices within colonial and post-colonial settings. He has also carried out research on the hosting of cultural festivals at heritage sites specifically looking at the dissemination of public culture at these festivals and how they give communities a sense of heritage ownership. His other research focus is on the different classifications of heritage in Zimbabwe with an interest on the category of colonial historic buildings and he has looked at how it has lost relevancy in the present conservation discourse. This research saw him critically analysing the emergence of the category of liberation war heritage in the country and how it has seemingly supplanted all the other forms of heritage in terms of conservation priority. This research was extended to take an inside look at liberation war heritage and he analysed the narratives that have emerged from exhumation exercises of liberation war fighters in which he has been involved as an archaeologist. He has thereafter argued that the process of monumentalisation in Zimbabwe is increasingly becoming synonymous with the rituals of exhuming human remains of

liberation war fighters scattered across the country. He is currently a Wenner Gren PhD Fellow in the Anthropology Department at the University of Witwatersrand in South Africa. His PhD research looks at the archaeological, ethnographic and historical characteristics of artisanal and small scale mining of gold in the Eastern Highlands of Zimbabwe. In this research, he intends to establish the historical connection between ancient gold mining and contemporary artisanal mining by ‘illegal miners’ who are presently exploiting the gold reef around Mutanda cultural landscape. Phefumula Nyoniis an anthropologist and sociologist; lecturer and researcher who is currently attached to the University of the Witwatersrand as a Research Associate. He is currently actively involved in research on artisanal mining with a specific focus on zamazamaexperiences and livelihoods as well as finding strategies for community development through artisanal mining and state approaches to artisanal mining. He has also been involved in research on small businesses in South Africa which is the focus of his PhD thesis. His other previous research has also focused on cultural practices, migration and employment in the construction industry among others. He is also involved in advocacy work in support of marginalised communities in South Africa. Michelle Munyandukiis an LLB graduate from the University of Namibia with notable academic achievements. She attained a distinction for her dissertation paper on mining law. In addition she was awarded a certificate for best second year law student as well as best in criminal and contract law. Outside the academic realm, Michelle served as the Law Faculty representative in her third year and in her final year as the Speaker of Parliament in the Student Representative Council. She is an avid believer in the potential Africa has as far as growth and development are concerned and aims to be a significant contributor to this end. On the strength of her solid law background Michelle is currently working in the legal department of a renowned construction company overseeing legal matters which consists of managing construction contracts and dispute avoidance. Michelle continues to monitor advances on sustainable mining in Namibia and from an international perspective and follows trends in

international best practices. Her drive to make her input to the mining discourse makes her an upcoming individual to look out for. Janet Munakamwe is a Doctoral candidate at the African Centre for Migration & Society (ACMS), University of Witwatersrand and an Alumnus of the Global Labour University (GLU), South Africa. In 2014, she was awarded an International Centre for Development and Decent Work Research fellowship at Chris Hani Institute where she conducted research on illegal/ informal mining in South Africa as part of her doctoral studies. Her work attempts to reconcile the link between the formal and non-formal economy through seminal findings which reveal the destination of illegally mined gold. In addition, Janet has documented some of the lived experiences of ‘illegal’ miners popularly known as zamazama (meaning we are trying to earn a living) in her efforts to ensure that these uncelebrated workers’ voices are heard by policy makers (through the academic space) as part of the process towards decriminalisation and transformation of their precarious (working) conditions. Ndatega Victoria Asheela is a Lecturer in the Department of Commercial Law at the University of Namibia. She holds the degrees B.Juris, Bachelor of Laws (LLB) (Unam) and Master of Laws (LLM) (Pretoria). Ndatega is currently a doctoral candidate in the Faculty of Law at the University of Pretoria, writing a thesis on the creditworthiness assessments under Namibian consumer credit law. Ndatega joined the University of Namibia in February 2013 as a part- time lecturer in the Department of Commercial Law. In August 2013, she was appointed as a full-time lecturer in the same department. She is responsible for teaching competition law, insolvency law and income tax law to LLB students. Her main research areas of interest are on consumer protection, consumer credit law, insolvency law, investments and securities law. Ndatega was accredited as a mediator of the High Court of Namibia in May 2014. In July 2015 she was appointed as a member of the Magistrates’ Commission of Namibia. Howard Chitimira is a Professor of Law who holds an LLB (cum laude) degree and LLM degree in Corporate Law from the University of Fort Hare. He also holds an LLD degree in Securities and

Financial Markets Law from the Nelson Mandela Metropolitan University. Prof Chitimira is a reviewer and editorial board member for several local and international law journals. He is also an external examiner for LLB modules; LLM and LLD programmes for several local and international universities. His expertise and research interests include Corporate & Financial Markets Law; Corporate Governance; Commercial Law; Mercantile Law; Insolvency Law; some aspects of Competition Law; related aspects of Intellectual Property Law; related aspects of Banking and Financial Law and aspects of International Trade Law. Prof Chitimira is a Y2 NRF Rated Researcher in Securities and Financial Markets Law an NRF Grant Holder in Securities and Financial Markets Law. Prof Chitimira is currently an Associate Professor in the Faculty of Law at North West University. Oliver Mtapuriis a Professor who holds a PhD in Development studies (UKZN) and an MBA degree from the University of Zimbabwe. He is an Associate of the Institute of Chartered Secretaries and Administrators. Before joining the academe, Oliver worked for 12 years in the Government of Zimbabwe as a Labour Economist/Researcher in the Ministry of Labour and Social Welfare. Prior to joining UKZN, Oliver was a full Professor at the University of Limpopo. Oliver’s areas of research interest include poverty, redistribution and inequality, community-based tourism, public employment programmes, research methodologies, financial management, climate change and project management. Recently he has taken a keen interest in the nexus between the environment and poverty and the “Anthropocene” particularly in light of the surfacing of many ‘poverties’ and many ‘inequalities’ afflicting contemporary societies. Oliver was the Editor in Chief (Founding) of theJournal of Business and Public Dynamics for Development. Esther Dhakwa holds a Bachelor of Science Honours Degree in Sociology from the University of Zimbabwe. She is currently pursuing a Masters Degree in Sociology. Her areas of interest include Environment, Health, Human Security as well as Development studies.

Table of Contents Chapter One On the Challenges of African Mining and Environments in the New World Order: An Introduction……………..……………………………… 1 Artwell Nhemachena and Tapiwa V Warikandwa Chapter Two When Did the Rain Start to Beat Us? Discursive Dispossession and the Political Economies of Misrecognition about African Mining……………………………………………… 55 Artwell Nhemachena and Esther Dhakwa Chapter Three Archaeological Technologies of Gold Mining and Processing and their Relationship to ContemporaryChikorokoza: The Case of Mutanda Site, Mutare, Zimbabwe………………103 Njabulo Chipangura Chapter Four Unsung Heroes? An Anthropological Approach into the Experiences of ‘Zamazamas’ in Johannesburg, South Africa……………………………….133 Phefumula Nyoni Chapter Five Zamazama– Livelihood Strategies, Mobilisation and Resistance in Johannesburg, South Africa……….……… 155 Janet Munakamwe Chapter Six What Indigenous Agricultural Communities Have To Say? Transnational Corporate Social

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