Interrogating the Legitimacy to Enter into a Social License in Mining Communities (South Africa)

Title: Interrogating the Legitimacy to Enter into a Social Licence in Mining Communities
Author/Institution: Nyembo Salama – Master’s Dissertation, University of Pretoria
Publication Year: 2018

Community Representation and Consent
This dissertation critically examines the legitimacy of actors involved in negotiating social licenses to operate (SLO) in South African mining communities. Nyembo Salama argues that the core issue is not only whether companies engage in dialogue but whether they engage with legitimate representatives of affected populations. The study highlights that in contexts of inequality and fragmented local leadership, SLO processes risk being captured by elites or failing to reflect the broader community’s interests.

Case Studies and Methodology
Through fieldwork in two South African mining regions, the research employs interviews, focus groups, and policy analysis to investigate how community members perceive both corporate actors and local leaders who claim to represent them. The findings reveal a persistent legitimacy gap: while companies often rely on formalized agreements with traditional authorities or selected leaders, many community members feel excluded, leading to mistrust and recurring protests. The dissertation demonstrates that who is consulted matters as much as how consultation occurs.

Implications for Social License and Governance
Nyembo Salama concludes that social licenses built on shaky foundations of representation are inherently fragile and prone to conflict. The dissertation calls for mining companies and governments to strengthen participatory mechanisms, ensure inclusivity, and recognize diverse forms of community authority. By interrogating legitimacy, the study reframes SLO not merely as a matter of corporate-community relations but as a governance challenge with implications for democracy, equity, and sustainable development in resource-dependent societies.