ILLEGAL MINING IN FOCUS
• AFRICAN BUZZ
ILLEGAL MINING IN FOCUS
By Minerals Council South Africa
Early indications from the Department of Minerals Resources and Energy are that it will outlaw illegal mining activities, a critically important development in addressing illegal mining, which is a threat to the sustainability of the formal mining sector and combatting the associated violence, criminality, human trafficking and environmental degradation.
The Mineral and Petroleum Resources Development Act( MPRDA) Amendment Bill is expected to explicitly make mining without the relevant licences an illegal activity. However, at this stage it is not clear what the exact wording will be to address the scourge, which has cost the country millions – if not billions – of rands in forfeited tax, growing lawlessness particularly around illegal mining activities, murders and environmental degradation.
The need for dedicated legislation to define and punish illegal mining and associated crimes is a vital step to curtailing and stopping these activities, which are run by sophisticated criminal syndicates. Currently, those arrested for illegal mining can expect to escape with a slap on the wrist after being convicted of the minor crime of trespassing, which entails a small fine.
Far tougher laws, effective policing and improved crime intelligence are needed to address illegal mining and the associated criminality, and to make arrests all the way up to the leaders and master minds of these syndicates with their national and international networks.
Cooperation between the private and public sectors is essential to combat illegal mining and criminal activities both in existing mines and ownerless and derelict mines as well as unlicenced mining of commodities like coal, chrome and others.
Zama Zamas, as illegal miners are known in South Africa, as well as the syndicates employing them and competing for territory are often heavily armed, have explosives and, when trespassing on operating mines, set ambushes and booby traps for employees, security personnel and rival groups of illegal miners.
Far tougher laws, effective policing and improved crime intelligence are needed to address illegal mining and the associated criminality, and to make arrests all the way up to the leaders and master minds of these syndicates with their national and international networks.
Illegal mining has a range of negative social and financial impacts on the state, employees, companies, the mining sector and the country because of loss of revenue, taxes, employment opportunities, capital expenditure, exports, foreign exchange earnings and procurement, among others. The corruption of authorities and mine employees either through complicity or intimidation is a hallmark of these criminal activities.
The Minerals Council supports the pragmatic formalisation and regularisation of artisanal and small-scale mining in a carefully considered manner. This will ensure that artisanal and small-scale miners operate within the ambit of the MPRDA as legitimate, tax-paying, law-abiding entities. This will apply only to small, surface operations as outlined in the Artisanal and Small-Scale Mining Policy for Implementation, which was gazetted in March 2022. It is not a process that will legitimise illegal mining syndicates.
Illegal mining presents a serious risk to the sustainability of the industry and its ability to contribute to a meaningful future for all South Africans. The reputational risk to South Africa as a source of ethically mined minerals and metals is under threat. Theft of minerals and metals from existing operations as well as infrastructure theft increases the cost of mining through increased security requirements and replacement of stolen materials.
The negative impacts go beyond financial considerations, affecting the social fabric of our country.
The negative impact of illicit mining activities on nearby communities, which include rape, murder, violence, human and child trafficking to work as illegal miners or sex workers, extortion, and the degradation of values is compounded by the destruction of water sources and other environmental consequences as a result of unfettered extraction of minerals
4 • African Mining • June 2025 www. africanmining. co. za