South Africa to Criminalise Illegal Mining While Supporting Artisanal Miners

S Africa Illegal Mining

New Legal Framework to Tackle Illegal Mining

South Africa will criminalise illegal mining for the first time, marking a significant policy shift to combat long-standing challenges in its mining sector. Deputy minerals and petroleum resources minister Phumzile Mgcina announced the change at the London Indaba conference, emphasizing that current laws do not classify illegal mining as a crime. The new legal framework will allow enforcement officers to enter illegal sites and make arrests immediately, strengthening the state’s ability to curb the activity.

Illegal mining, often driven by depleted industrial mines, involves an estimated 30,000 miners known as “zama zama.” These miners target gold, platinum group metals (PGMs), chromium, and manganese. The Global Initiative Against Transnational Organized Crime estimates that the country loses about 10pc of annual chrome output to illegal operations, empowering criminal networks and eroding formal industry revenues.

Artisanal Mining Licences as a Pathway to Legitimacy

While introducing strict measures against illegal operations, the government has created artisanal mining permits under its critical minerals and metals strategy. This initiative differentiates artisanal mining from criminal activities, aiming to integrate small-scale miners into the formal economy.

Permits will address long-standing bottlenecks such as delays in processing applications and poor transparency. By granting artisanal miners legal recognition, the government seeks to provide support systems, ensure compliance with environmental and safety standards, and reduce the appeal of illegal mining. This dual strategy responds to international criticism following the government’s earlier crackdown, which cut off food and water to hundreds of trapped miners, leading to deaths.

The Metalnomist Commentary

South Africa’s decision to criminalise illegal mining while formalising artisanal operations represents a balancing act between security and inclusion. This approach could reduce the influence of criminal groups, but its success will depend on efficient permit administration and robust enforcement capacity. The international mining community will closely monitor how these reforms reshape the sector’s stability and sustainability.