Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

Notices

Artisanal and Small-Scale Mining Policy, 2022

Chapter VIII

11. Governments Policy stance on Illegal Mining
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(a)        Role of the NCSMT

(b)        Creation of an Illegal Mining and Precious Metals Theft Unit

(c)        Amendments to associated legislation

 

Illegal mining is a critical challenge in the South African mining and minerals industry. A significant number of people are currently estimated to be involved in illegal mining (directly and indirectly). Government always condemns the practice of illegal mining in South Africa and measures are being undertaken to combat these activities.

 

In the gold sector alone, it is estimated that over R70 billion per annum in revenue is lost through the smuggling of this commodity and similar negative impacts are also evident in other sectors, such as chrome, coal and diamonds. Communities are directly affected by the scourge of illegal mining activities in terms of environmental degradation, health risks, and gang violence emanating from rival illegal miners

 

Illegal mining should be distinguishable from Artisanal and Small-Scale mining by people who genuinely want to participate in the industry to improve their livelihoods, contribute to the economy and growth of the industry. Government has been taking decisive steps that will ensure that illegal mining practices are halted. All mining and mineral processing activities must be undertaken within the applicable legal framework. In this regard, a multi-departmental body, National Coordination and Strategic Management Team (NCSMT), was established which comprises of representatives from DMR, South African Police Service, Intelligence Services, and the Department of Home Affairs.

 

Government policy proposal:

 

(a)The policy and legal framework  must clearly distinguish illegal mining from ASM.
(b)Government should  strengthen the laws relating to criminalisation of illegal mining including the  MPRDA, the  Criminal Procedure Act,  1977,  Precious Metals Act, 2005, Second Hand Goods Act, 2009, and the Prevention of Organised Crime Act, 1998 in terms of offences and penalties to deter illegal mining activities.
(c)Government should establish a dedicated Minerals and Precious Metals Theft Unit (MPMTU) within the South Africa Police Service (SAPS).
(d)The MPMTU should be a fully capacitated and trained detective unit to deal with mineral and precious theft related matters.
(e)There is a need to further explore the creation of dedicated prosecutorial expertise in respect of illegal mining matters.