The Congress of South African Trade Unions (COSATU) welcomes the General (Mining) Laws Amendment Bill released by the Department of Justice and Constitutional Development as a key step to tackle illegal mining.

This Bill is a progressive and timely intervention by the African National Congress led administration. Illegal mining by heavily armed criminal syndicates has become a national crisis costing mine workers, security guards, police officers and National Defence Force members’ lives as well as threatening legal mining jobs, endangering communities, and costing the economy over R70 billion annually in lost revenue.  Illegal mining has made the lives of neighbouring communities a nightmare and threatens not only local water supplies and the environment but also exposes entire neighbourhoods to the serious dangers of sink holes.

COSATU strongly supports Bill’s proposed interventions towards:

• Formalising artisanal mining to create jobs:
  • The Bill correctly inserts provisions for artisanal mining and artisanal and small-scale mining permits. This will legalise legitimate, community-based artisanal and small-scale miners, provide training, health and safety and market access, and create thousands of legal jobs for youth and former mineworkers, whilst cutting off illegal syndicates.

• Crushing syndicates with decisive penalties:
  • The Bill inserts new provisions prohibiting assistance to illegal mining and amends the Criminal Procedure Act to make illegal mining a Schedule 1 offence. It raises fines from R100 000/ R250 000 to R100 million and maximum sentencing from 2-10 years to 30 years. This will empower the National Prosecuting Authority and the courts to seize assets and lock up the kingpins, financiers, buyers and exporters, not just zama-zamas.

• Empowering SAPS to act proactively:
  • The Bill empowers the SAPS to investigate, enter, search and seize for illegal mining offences and no longer be forced to wait for a Department of Mineral and Petroleum Resources Inspector’s call whilst mines are overrun by criminal gangs.

This Bill protects legal jobs in the mining industry, the backbone of our economy, a source of 440 000 mining jobs and billions of Rands of investment and taxes.  It will help protect water resources, the environment and communities from pollution and sinkholes; and most importantly protects lives.

COSATU urges Cabinet to approve the Bill and table it in Parliament before the February 2027 State of the Nation Address to ensure Parliament has enough time to pass it into law before the 2029 elections.  Equally important is for government to allocate sufficient resources in the Budget for SAPS Illegal Mining Units, the Hawks and specialised NPA prosecutors to enforce this progressive law when it comes into effect. 

Issued by COSATU

Matthew Parks (COSATU Parliamentary Coordinator)

Mobile: 082 785 0687

Email: matthew@cosatu.org.za