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.

Yet a critical challenge remains: how to bring small-scale miners into the legal mainstream.

This question was explored during a moving session at Investing in African Mining Indaba 2026. Delegates heard emotional accounts of life in the open-pit mines that typify the sector and debated practical ways to integrate ASM into the formal economy. Central to the discussion was whether formalisation can coexist with large-scale mining, and whether governments and regional bodies are doing enough to enable it.

A Human Reality

Ntokozo Nzimande, deputy director-general of mining and petroleum policy development at South Africa’s Department of Mineral Resources and Energy (DMRE), offered a deeply personal perspective on artisanal mining.

While South Africa is known for its large-scale, formalised mining industry, she acknowledged that the country has been slow to establish regulations specifically for ASM. However, recent amendments to the Mineral and Petroleum Resources Development Act, along with the introduction of a new Artisanal Mining Licensing System, now allow miners to acquire permits for small tenements on a month-to-month basis for three years, with the option to renew twice.

Even so, clarity remains a work in progress.

“There is still a need for greater clarity around artisanal mining,” she conceded. “The intention is to regularise these activities and to provide a path for artisanal and small-scale miners to graduate to become junior miners and enter the mining mainstream.”

She emphasised that ASM is not illegal mining, before sharing a story from her childhood.

“I grew up in a village called Blaauwbosch Laagte outside Newcastle,” said Nzimande. “Behind the fence at the back of our school was a large pit where the local gogos (grandmothers) would dig for coal. They would sell that coal in the village from wheelbarrows, for R10 per load. I know these people whom we describe as artisanal miners. ASM is not academic to me. It’s a lived reality.”

For Nzimande, the issue is not abstract policy, it is personal experience, and a commitment to creating space for artisanal miners in the mainstream economy.

Lessons from the DRC

Popol Mabolia Yenga, MD of Mining Cadastre (CAMI) in the DRC, outlined the Congolese experience of ASM formalisation.

He explained that formalising artisanal and small-scale miners became necessary after the collapse of the state-owned body that had previously produced all minerals in the country.

“After the state company collapsed, experienced miners then had no choice but to resort to their own survival-mining activities. Government had to recognise that situation.”

In response, the DRC government created official artisanal mining zones, where many of the country’s millions of artisanal miners now operate. Miners are also able to join cooperatives that market their products internationally and ensure compliance with traceability requirements.

Today, many of these miners can access financial services, purchase life insurance and participate in retirement funds — tangible benefits of formalisation.

Connecting ASM to Global Markets

Norman Mukwakwami, global head of responsible sourcing – metals for Trafigura, shared the private sector perspective. He said there are proven examples of how artisanal and small-scale miners can be empowered and connected to global markets.

He described a responsible sourcing partnership between Trafigura, mining company Chemaf and the COMIAKOL miners collective at the Mutoshi mine in Kolwezi, DRC.

“The partnership has been able to ensure the safe and secure delivery of cobalt to the international market, by working with artisanal miners within the concession,” he said.

There are an estimated 14 million artisanal miners globally, with 10 million in Africa and around two to three million in the DRC alone. Mukwakwami noted that formalising ASM at such scale will require greater clarity around export requirements, as well as strong regional partnerships.

He emphasised that formalising artisanal and small-scale mining is not just about legalisation, but about sustaining economic livelihoods.

A Broader Value Chain

Mohammad Stevens, legal counsel for the African Legal Support Facility, said artisanal mining is best understood as part of a broader value chain.

While the sector needs regulation, defining where miners can operate, what tools they may use and under what conditions governments also require legal capacity to set policy and negotiate agreements internationally.

Environmental, health and safety impacts must be addressed within clear policy guidelines. At the same time, gender equality must be promoted across the ASM value chain, recognising the significant role women play in the sector.

Delegates also raised the issue of security of tenure. Even where ASM is formalised, miners need stable rights and clear pathways to transition from subsistence mining into small-scale and junior mining operations.

Coexistence with Large-Scale Mining

A central question at Mining Indaba was whether formalised ASM can coexist with large-scale mining.

Nzimande pointed to examples where collaboration is possible.

“Where a large mining house finds that a certain concession cannot be developed profitably, it can cede that right to a smaller entity,” she said. “There are also laws to allow ASM miners to graduate to more mechanised methods. There is room for mining operations of all sizes to work alongside each other, and for all of them to earn a living.”

Her message reflected the broader consensus emerging from the session: formalisation is not about choosing between large-scale and artisanal mining. It is about creating a regulatory and economic framework where both can coexist, and where millions who depend on ASM can do so legally, safely and sustainably.