By Pooja Dela, Giada Masina and Paula-Ann Novotny, Partners at Webber Wentzel

The 2025 Mining Indaba theme, "Futureproofing African mining, today," compels us to reflect on the legacies mining companies create and the responsibilities they shoulder in shaping the lives of communities long after mining activities have ceased. For South Africa, with its deep-rooted mining heritage, this question resonates strongly: What does sustainable development mean for the communities we leave behind?

A dual responsibility: Mining companies and the State

South Africa’s mining sector operates within a sophisticated regulatory framework, anchored in the Mineral and Petroleum Resources Development Act (MPRDA) and reinforced by the Constitution. The MPRDA establishes that the State is the custodian of the country’s mineral resources for the benefit of the nation, with mining companies holding the responsibility to contribute to socio-economic development through Social and Labour Plans (SLPs). These plans mandate companies to invest in local infrastructure, education, skills development, and other local and rural community upliftment projects.

However, the obligations of mining companies differ fundamentally from those of the State. While the State has a constitutional duty to provide access to basic services, such as water, housing and education, as part of its socio-economic rights mandate, mining companies’ duties are more localised to the areas in which they operate and labour sending areas. Companies are required to identify and address the socio-economic and environmental impacts of their operations and deliver projects in consultation with various stakeholders including affected communities and the local municipality. This difference in duties means that mining companies’ contributions should serve as a supplement to, rather than a replacement for, the State’s obligations.

Yet, in practice, these distinctions blur. Communities frequently perceive mining companies as the de facto providers of essential services. This perception creates tension and places greater pressure on mining companies to extend their contributions beyond their regulatory obligations. But with the world moving to a "value beyond compliance" operating model, how are the expectations and obligations of mining companies changing? The global shift towards embedding human rights at the core of business operations is expanding the compliance net beyond regulatory compliance.

Business and human rights: Beyond regulatory compliance

The global shift towards embedding Business and Human Rights (BHR) principles in corporate decision-making has reshaped expectations of the mining industry. Companies are now seen not only as extractors of resources but also as custodians of community wellbeing and as influencers of good practice in their supply chains.

The United Nations' Guiding Principles on Business and Human Rights (UNGPs) articulate the corporate responsibility to respect human rights. This responsibility is fast being hardcoded into new and existing legal frameworks across the world and is informing the evolution of corporate duties. For mining companies, this duty requires them to ensure that their operations do not harm communities, that grievances and adverse impacts are addressed, and that they contribute to the socio-economic upliftment of those impacted by their activities. The conversation is no longer about compliance with regulatory requirements alone; it is about proactive and meaningful stakeholder engagement and creating sustainable, rights-respecting legacies.

So, what can mining companies do to future-proof their legacies?

Charting a sustainable legacy

Sustainable development requires a shift towards genuine, transparent, meaningful and continuous engagement with communities throughout the mining lifecycle. Companies must listen to community voices, ensuring their needs and priorities shape the development agenda. This includes moving away from one-size-fits-all solutions and tailoring projects to the unique cultural, heritage, environmental, economic, and social contexts of each community.

Furthermore, minimising over-reliance on the mining sector by communities in the long term is crucial. Companies must invest in initiatives that promote economic diversification, such as supporting agriculture, entrepreneurship, or manufacturing. These investments foster resilience and are a catalyst to creating sustainable livelihoods and development beyond the life-of-mine and should be considered upfront.

SLPs often include training and education components, however, the scope should expand to include skills development and skills transfer to prepare communities for a post-mining economy. Collaborating with academic institutions and NGOs can enhance the quality and relevance of these programmes.

While mining operations often bring significant infrastructure investments such as roads, schools, and clinics, ensuring the long-term sustainability of these assets requires proper planning and handover processes, including partnerships with local governments.

The environmental impact of mining can persist for decades. Companies must prioritise rigorous rehabilitation programmes that create opportunities for sustainable post-closure land uses and economic transition, such as ecological tourism, agriculture, or renewable energy projects, in line with regional spatial development priorities.

The challenges faced by mining communities are complex and multi-dimensional. Collaboration amongst mining companies is envisaged in regulations and should be prioritised to achieve a greater and strategic joint outcome.  Collaboration with the State, civil society, and international organisations can also amplify impact. Innovative financing mechanisms, such as blended finance models, can support long-term community development projects.

Embracing evolving expectations and duties

Globally, the expectations and duties of mining companies are evolving. Investors, consumers, and regulators increasingly demand alignment with Environmental, Social, and Governance standards.  Voluntary and soft law standards and frameworks are finding their way into hard law. Communities themselves are becoming more organised and vocal by leveraging social media, dispute resolution platforms and international advocacy networks to hold companies accountable.

In South Africa, the legacy of mining is inextricably tied to the country’s socio-economic development. As the sector navigates these changing dynamics, it must embrace a forward-looking approach that prioritises long-term community well-being and resilience. This means thinking not just about the present but also about the generations to come, as the construct of sustainable development envisages.

The communities we leave behind are not just a reflection of the mining industry’s commitment to transformation, they are a testament to its humanity. By embracing their role as partners in development, mining companies have an opportunity to redefine their legacy—not as extractors of resources but as builders of resilient, thriving communities. Companies attending the 2025 Mining Indaba should commit to transforming tomorrow together by ensuring that no community is left behind.