Justice Minister outlines proposed changes to tackle illicit mining
Mmamoloko Kubayi says the proposed amendments will criminalise illicit mining while protecting authorised small-scale miners
On Tuesday, August 11, Minister of Justice and Constitutional Development Mmamoloko Kubayi hosted a media briefing to provide an update on four key legislative amendment bills approved by Cabinet.
The bills are the General Laws (Mining) Amendment Bill, the Legal Practice Amendment Bill, the Regulation of Trusts Bill and the Conspiracy, Instigation and Incitement to Commit Offence Bill.
On the General Laws (Mining) Amendment Bill, Kubayi highlighted the issue of illicit mining, saying such activities are currently prohibited but are not considered criminal offences. This is one of the issues the proposed amendments seek to address.
“This Bill seeks to address the challenges that South Africa is experiencing in relation to illicit mining in that, while illicit mining is prohibited, illicit mining and the activities related to illicit mining, are not criminal offences.
“The terms ‘illicit mining’ and ‘illegal mining’ are used interchangeably. Illicit mining, also commonly referred to as illegal mining, involves mining activities conducted without the required permits, licences or statutory authorisation from the Government or relevant authorities, such as those outlined in the Minerals and Petroleum Resources Development Act (MPRDA).
“Illegal miners, also commonly known as ‘zama zamas’, are illegal artisanal miners in South Africa who occupy closed or operational mines and conduct mining activities in search for minerals such as gold, amongst others, without the proper authorisation,” said Kubayi.
She added that she wants to make it very clear that the Bill does not seek to criminalise authorised artisanal miners, meaning small-scale miners with permits will be considered as legal miners.
Kubayi explained that the proposed amendments affect several pieces of legislation, including:
- The Criminal Procedure Act of 1977;
- The Diamonds Act of 1986;
- The Minerals and Petroleum Resources Development Act of 2002; and
- The Precious Metals Act of 2005.
“What the CPA does in a nutshell, or the amendment there, it criminalises now illicit or illegal mining, which previously was not a criminal offence. And then the Diamonds Act amendments that are there are increasing penalties. You’ll note there, we are moving from a fine of R250,000 to a fine of R100 million and also moving from 10 years of imprisonment to 30 years of imprisonment in terms of the amendment of Section 82(a) and (b),” said Kubayi.
“And when you look at the MPRDA Act amendments, it gives you the definition of artisanal mining and that’s the amendment there, but also, on the MPRDA, looks at what it prohibits in terms of illegal mining activities and prospecting, but also defines in terms of that what becomes small-scale mining permits.”
The Amendment Bill comes at a crucial time as South Africa continues to battle illegal mining, which has recently claimed the lives of two police officers and 14 illegal miners in separate incidents.
“Severe harm done to affected communities by illegal miners has increased due to illicit mining. Illicit mining has been associated with kidnapping, human trafficking, child labour and forced labour.
“Moreover, illegal mining gangs are directly involved in violent crimes associated with illegal firearms, rape, murder, intimidation, housebreaking, theft, assault and corruption in nearby communities,” said Kubayi.
