Investigating compliance challenges in the environmental legal framework for the diamond mining sector in Lesotho. A case study of the Kao community council area

Date
2024-12
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Stellenbosch : Stellenbosch University
Abstract
This is a study on mining challenges, the role of environmental legal frameworks and regulations, how a lack of environmental regulations or the lack of compliance thereof affects the environment and the well-being of societies. Proper disposal of effluent has been a problem since the early days of diamond mining in Lesotho. Informal, artisanal diamond mining in Lesotho happened since the 1930s, but first became public knowledge in 1954 when a Mosotho woman died by falling into a pit while digging for diamonds in the Kao area. This began an era of expanded diamond mining in Lesotho. However, this mining has also been marked with unprecedented challenges relating to the biosphere and the communities which live close to these mining sites. This study sought to find out what the environmental legal framework in Lesotho was, and whether it was being enforced. The study used a case study methodology to try and understand and measure the perceptions of various role-players regarding mining challenges, the role of environmental legal frameworks and regulations, making use of a variety of sources of secondary and primary data. Qualitative methods was used for data collection, with interviews/questionaires as the primary methods of collecting information. Secondary data was also used, such as newspaper articles, other mining studies, data from nongovernmental reports and other documentary sources. The study findings conclude that lack of an adequate environmental legal framework in relation to mining projects, and weak institutional capacity and a lack of political will to enforce the framework were major challenges which made the living situation very difficult for residents in the Kao community council area. The study ends by making recommendations on how the government and mining companies can improve the situation.
Description
Thesis (MPA)--Stellenbosch University, 2024.
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