"The buck stops here”: State and community hold a clay mine accountable for environmental harm in South Africa

Abstract

Mining often leaves behind degraded, unproductive land and polluted water. Ignoring Environmental Authorization conditions during mining operations is one contributing factor but a legal precedent against a clay mining operation in the Thabina Valley of South Africa may signal legal and restorative responses to mining violations. When the mine operator failed to implement the Environmental Authorization conditions, it led to severe erosion, stormwater pooling in excavations, encroachment onto traditional, sacred spaces and reduced land available for communal grazing and subsistence farming. A community-based organization exposed these socio-ecological impacts, prompting the state to initiate criminal proceedings. The situation began to turn around when the court not only imposed penalties but also monitored land rehabilitation efforts, highlighting a shift toward accountability. This study examines legal and restorative responses to mining violations using specialist reports, court records, and remote sensing analysis. The case describes the complexities of ecosystem restoration and offers insights for policymakers, infrastructure planners and environmental assessment practitioners in promoting responsible mining and land rehabilitation. It shows that legal mobilization serves as a mechanism for marginalized communities to assert their rights and hold industries accountable, particularly in contexts where government oversight is weak or absent.