South Africa’s parliament is considering legislation that would dramatically increase penalties for illegal mining and related offences, with offenders facing up to 30 years in prison as the government seeks to curb a growing illicit industry linked to organised crime.
The proposed General (Mining) Laws Amendment Bill, recently approved by cabinet and now before lawmakers, forms part of a broader effort to tackle illegal mining, a persistent challenge that has cost the country billions of rand in lost revenue and fuelled criminal activity around abandoned and active mine sites.
Announcing the Bill, Justice Minister Mmamoloko Kubayi said tougher penalties were needed because illegal mining syndicates were often associated with serious crimes, including kidnapping, human trafficking, child and forced labour, illegal firearms offences, rape and murder.
Under the proposed amendments, individuals convicted of offences involving the possession, sale, purchase, processing or export of unpolished diamonds could face a maximum sentence of 30 years’ imprisonment and fines of up to R100 million (about $6.1 million).
The penalties would represent a sharp increase from existing sanctions and rank among the harshest in South Africa’s mining legislation.
The Bill comes amid growing concern over the proliferation of illegal mining, known locally as “zama zama” activity, in which miners enter abandoned or disused shafts to extract gold and other minerals.
While some operations are linked to impoverished individuals seeking livelihoods, authorities say many have increasingly fallen under the control of organised criminal networks operating across national borders.
Illegal mining has become a major security and economic issue in South Africa, particularly in Gauteng, Mpumalanga and the North West provinces.
Security agencies have linked some syndicates to violent turf wars, extortion, weapons trafficking and the smuggling of precious minerals.
The issue gained national prominence following several deadly incidents involving illegal miners, including operations to remove miners from abandoned shafts and confrontations between rival groups.
However, the proposed legislation has also attracted criticism from legal analysts and civil society groups who argue that it fails to distinguish sufficiently between organised criminal syndicates and small-scale subsistence miners.
Critics note that the same maximum sentence could apply to members of sophisticated trafficking networks as well as individuals engaged in informal mining activities to support their families.
They argue that the Bill risks criminalising vulnerable people while concentrating primarily on punitive measures rather than addressing the socio-economic conditions that drive illegal mining.
Supporters of the legislation, meanwhile, contend that stronger penalties are necessary to deter criminal enterprises that have increasingly exploited South Africa’s mining sector and undermined public safety.
JN/APA