Kawana, Albert Jacob (1988) The political economy of mining laws and regulations in Namibia from 1884 to 1986. PhD thesis, University of Warwick.

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Abstract

This thesis deals with the political economy of mining laws
and regulation in Namibia from 1884 to 1986. Mining laws and
regulations have played an important role in the exploitation
of Namibia's mineral resources since the colonial period.
They have also played an important role in the exploitations
by foreign mining companies of Namibia's mineral resources.
The study shows how this process has evolved.
Chapter I discusses the link between colonialism and
exploitation. It also shows the special interest of the
colonial administration in mineral development. The formal
and substantive rules governing the acquisition of mineral
rights are discussed in detail in Chapter II. An important
element in the exploitation of Namibia's mineral resources is
the international market. Chapter III examines the marketing
of Namibia's minerals. It shows that the colonial
administration is unable and unwilling to exercise control in
this area. Special attention is paid to the marketing of
diamonds as it illustrates very well the dominant position of
the mining companies. Marketing of minerals is closely
linked with taxation. This is examined in Chapter IV. The
chapter reveals that the inadequacies of the legislation
enables mining companies to achieve their objective,
maximisation of profits without corresponding benefits to
Namibia. The exploitation of Namibia's mineral resources has
a direct effect on the environment. Chapter V shows that the
spread of multinational mining companies and their operations
have a direct effect on the environment, health and safety of
mine employees and the community in surrounding areas. It
also shows that mining laws and regulations are inadequate to
cope with this problem.
South Africa's continued occupation of Namibia since the
termination of the mandate in 1966 has important legal
consequences. The legal status of the mining concessions
granted by South Africa before and after the termination of
the mandate are examined in Chapter VI in the light of the
United Nations action in this respect. In order to clarify
the options for independent Namibia, Chapter VII discusses
the experience of other developing countries in mineral
development and their relationship with multinational
companies. In Chapter VII, we recommend that mining laws and
regulations of an independent Namibia should reflect the
needs of the Namibian population.

Item Type:	Thesis or Dissertation (PhD)
Subjects:	K Law > KN Asia and Eurasia, Africa, Pacific Area, and Antarctica T Technology > TN Mining engineering. Metallurgy
Library of Congress Subject Headings (LCSH):	Mining law -- Namibia -- History -- 19th century, Mining law -- Namibia -- History -- 20th century
Official Date:	May 1988
Dates:	Date Event May 1988 Submitted
Institution:	University of Warwick
Theses Department:	School of Law
Thesis Type:	PhD
Publication Status:	Unpublished
Supervisor(s)/Advisor:	Faúndez, Julio
Sponsors:	Africa Educational Trust (London, England) ; Overseas Research Students Awards Scheme (ORSAS)
Extent:	xxii, 550 leaves
Language:	eng
URI:	http://wrap.warwick.ac.uk/id/eprint/34710

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