South Africa’s mining sector makes a significant contribution to the country's national output, employment and infrastructure. But in communities near mining operations, access to healthcare remains limited. A new study asks whether the law should do more to close that gap.
Nndwakhulu Collen Khangala, who recently completed an LLM in Environmental Law and Governance at North-West University (NWU), examined the role of South African mining companies in realising the right of access to healthcare services in host communities.
“There’s an expectation that mines must give back,” Khangala says. “The legal question is whether that expectation has become a duty.”
His research evaluates international human rights instruments, South Africa’s Constitution and the Mineral and Petroleum Resources Development Act. His findings show that the legal framework imposes binding duties on the state, but not on companies.
“Mines must respect the right to access healthcare,” he says. “But unless they are contracted by the state, they are not legally required to fulfil that right.”
His study highlights that under international and African regional law, non-state actors, including mining firms, are obligated only to avoid infringing on rights. The South African Constitution follows a similar pattern, even though it allows for horizontal application of rights between private actors.
Healthcare commitments in social and labour plans
However, mining companies’ social and labour plans (SLPs) do offer a legal route for companies to make healthcare contributions. When mining companies apply for a licence in South Africa, the commitments they make in their SLPs are legally binding and enforceable. A number of mining companies in South Africa have opted to include healthcare in their SLPs.
Khangala’s study identifies several examples, including Sibanye-Stillwater, whose SLP includes community clinics; Bushveld Vametco Alloys, which provides
healthcare services to employees; and Eland Platinum, which invests in water and sanitation infrastructure.
“These examples show that the mining sector is already participating in ways that impact healthcare,” Khangala says. “But these actions are rooted in planning conditions, not legal mandates.”
Some scholars argue that corporate social responsibility (CSR) principles embedded in the Constitution should form the basis of enforceable obligations. But Khangala’s research points out that CSR remains non-binding.
He recommends policy reforms to strengthen the role of SLPs in meeting healthcare needs and encourages reporting mechanisms to monitor company contributions.
“Mining companies operate in areas where the state struggles to deliver services,” Khangala says. “Their operations can either deepen inequality or help close the gap. The legal framework should reflect that choice.”
The study argues that while South African mines support healthcare through voluntary plans, the law does not compel them to do so.
