Illegal mining has long operated in a legal vacuum, with no dedicated statutory framework to regulate or criminalise the activity. Now parliament is moving to close that gap.
Speaking at Monday’s economic cluster media briefing, portfolio committee chair Mikateko Mahlaule said legislators were considering the Mineral Resources Development Amendment Bill, which would formally define illegal mining as a criminal offence and establish legal recognition for small-scale operations.
The committee’s intervention follows a spike in illicit gold mining along the Blyde River basin in Mpumalanga, where unregulated activity has endangered local ecosystems and undermined formal mining operations.
While enforcement efforts such as Operation Vala Umgodi — launched in December 2022 — have made progress in disrupting illegal networks, the absence of a targeted legislative instrument has limited the state’s ability to prosecute offenders and regulate informal mining.
Operation Vala Umgodi is a multi-agency initiative co-ordinated by the departments of mineral resources & energy, police and home affairs. It was established after joint oversight visits by parliamentary committees during the sixth parliament and has led to the closure of hundreds of illegal shafts and the arrests of syndicate-linked operators.
However, resource constraints remain acute. Mintek, the entity tasked with sealing derelict shafts, faces significant limitations in addressing the estimated 6,100 abandoned mines nationwide.
“If Mintek had to attend to them all, the R1.6bn budget shared by all the department’s entities would be a drop in the ocean,” Mahlaule said.
In response to these structural challenges, parliament endorsed the artisanal and small-scale mining policy, promulgated in March 2022. The policy provides a legal pathway for informal miners to apply for permits and distinguishes between artisanal miners — those using basic tools — and small-scale miners operating mechanised equipment.
The committee’s role is to monitor the department’s implementation of this policy and ensure that it closes the space for criminality while promoting inclusive economic participation.
Mineral & petroleum resources minister Gwede Mantashe has previously described illegal mining as “not a mining activity, but a criminal activity” and a direct “war on the economy”.
This framing has informed the committee’s legislative posture, which seeks to strengthen enforcement powers and clarify the legal status of informal operators.
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