A LEGAL ANALYSIS OF THE REGULATION AND USE OF TECHNOLOGY TO PROMOTE CORPORATE SOCIAL RESPONSIBILITY OF MINING COMPANIES IN SWARTRUGGENS COMMUNITY
A LEGAL ANALYSIS OF THE REGULATION AND USE OF TECHNOLOGY TO PROMOTE CORPORATE SOCIAL RESPONSIBILITY OF MINING COMPANIES IN SWARTRUGGENS COMMUNITY

Summary/Abstract: Corporate social responsibility (CSR) usually occur when a company volunteers to contribute part of its profits and/or resources towards community development in a certain area or community where it normally conducts its business. CSR is also known as corporate citizenship. CSR is mainly enforced as a self-regulatory measure that enables a company to be socio-economically accountable to itself, its stakeholders and the community at large. Companies that practice CSR are likely to have a positive impact on the environment and the socio-economic development of their communities. Companies and other relevant stakeholders that practice CSR have the potential to uplift and develop their communities. The South African mining sector has the potential to develop the communities through CSR measures of mining companies. In this regard, it is imperative that mining companies utilise appropriate technology to effectively enforce their CSR measures. Therefore, the Helam Mine which is currently owned by Petra diamonds in Swartruggens community is discussed as a case study in this article. Helam Mine has so far failed to adopt and utilise CSR measures in the Swartruggens community. Consequently, the Swartruggens community is poorly developed and its people are still fighting for service delivery to date. Accordingly, the article explores the historical background of CSR as well as the role played by Helam Mine in the development of the Swartruggens community. Furthermore, the article analyses the possible CSR-related measures that could be adopted by Helam Mine to promote socio-economic and environmental development in the Swartruggens community. It is submitted that Helam mine should seriously consider embracing and incorporating new technological approaches and CSR-related measures for the effective operation and management of its mining activities. In this regard, the available regulatory framework for CSR in South Africa is examined. Lastly, the article recommends that CSR should not be merely treated as an ethical obligation but it should also be regarded as a legal obligation so as to statutorily oblige all companies, especially mining companies to adopt, promote and enforce CSR-related measures in the communities where they conduct their businesses.

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