Government moves to criminalise illegal mining as concerns mount

The Justice Department has moved to criminalise illegal mining as authorities grapple with a surge in mining-related deaths, violent crime and organised criminal syndicates.

Justice Minister, Mmamoloko Kubayi, announced on Tuesday that the General Mining Laws Amendment Bill will introduce a specific criminal offence for illegal mining and impose heavier penalties for offences linked to the illicit mining trade.

“While illicit mining is prohibited, illicit mining and the activities related to illicit mining are not criminal offences,” Kubayi said.

The bill will amend four key laws, including the Criminal Procedure Act, the Diamonds Act, the Minerals and Petroleum Resources Development Act and the Precious Metals Act.

One of the most significant changes is the introduction of a specific criminal offence for illegal mining under the Criminal Procedure Act.

The bill also proposes significantly tougher penalties for offences under the Diamonds Act, increasing the maximum fine from R250,000 to R100 million and the maximum prison sentence from 10 years to 30 years.

Kubayi said the bill does not seek to criminalise authorised small-scale mining, provided operators have the required permits. 

The announcement comes after 14 suspected zama zamas were found dead at an abandoned mine shaft near the Nkaneng informal settlement in Marikana on Tuesday. Authorities believe more people may still be trapped underground, with rescue efforts continuing.

MEDIA STATEMENT BY MINERAL AND PETROLEUM RESOURCES COMMITTEE CHAIRPERSON CONVEYING CONDOLENCES FOLLOWING DEATHS OF 14 ILLEGAL MINERS pic.twitter.com/o7GBj9uz1S

— Economic-Cluster (@EconoCluster) August 11, 2026

The tragedy follows another major crackdown in July, when more than 200 suspected illegal miners were arrested during an operation at the Losberg Kloof mine near Westonaria on Gauteng’s West Rand.

Kubayi said illegal mining has become a major threat to communities living near mining operations, with criminal networks increasingly linked to a range of violent offences.

“Illicit mining has been associated with kidnapping, human trafficking, child labour and forced labour. Illegal mining gangs are directly involved in violent crimes involving illegal firearms, rape, murder, intimidation, housebreaking, theft, assault and corruption in nearby communities,” she said.

The General Mining Laws Amendment Bill is one of four bills recently approved by Cabinet as part of this year’s legislative programme and is expected to be published for public comment. 

#MEDIABRIEFING ON KEY LEGISLATIVE AMENDMENT BILLS APPROVED BY CABINET

General Mining Laws Amendment Bill.

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… pic.twitter.com/RQbT4QvIDO

— The DoJ & CD (@DOJCD_ZA) August 11, 2026