From the Sullivan Principles to Unilateral Codes of Conduct by Mining Companies: Assessing the Effectiveness of Codes of Conduct in Regulating Labour Standards and Bringing Sustainability in the South African Mining

The role of corporate social responsibility (CSR) and its linkage to the regulation of labour standards and the sustainability of the mining sector continue to dominate current discussions. Recently, CSR and ESG have taken centre stage in the sustainability of the mining industry. Codes of conduct have become the main instruments, enumerating both CSR and ESG corporate actions. In South Africa, codes of conduct as regulatory instruments became popular during apartheid and were used to advance the rights of Black workers in various industries, including the mining industry. These instruments have since become popular, with almost every company adopting a unilateral code of conduct purporting to commit and advance various workers’ rights. These instruments have reignited debates on their regulatory potential in an environment with increasing non-standard forms of employment due to the incorporation of participation rights and the right to health and safety. They have also been linked to the transformative aspects of CSR within the South African mining industry. However, the efficacy and the democratic legitimacy of these CSR instruments in the South African mining context remain shrouded in obscurity. Part of this obscurity emanates from the way these instruments are drafted, applied, and implemented. As CSR instruments, codes of conduct, however, remain an enigma, with no precise tangible outcomes. This chapter traces the development of codes of conduct as CSR instruments in the South African mining industry and offers some recommendations on how to make these instruments more effective in advancing workers’ rights.