Draft law proposes R100m fines and 30-year sentences for illegal mining

South Africa has published draft legislation that would, for the first time, make illicit mining itself a specific criminal offence. The General (Mining) Laws Amendment Bill, 2026, approved by Cabinet for public comment in August, amends the Mineral and Petroleum Resources Development Act, the Diamonds Act, the Precious Metals Act and the Criminal Procedure Act. Comments closed on 11 September 2026.

Penalties

Justice Minister Mmamoloko Kubayi said the Bill closes a gap: although illegal mining is prohibited, the activity and related conduct are not in themselves criminal offences. Under the MPRDA, certain offences would carry a maximum fine of R100 million and up to 30 years in prison, against the current R100,000 and two years. Diamonds Act penalties would rise from R250,000 and 10 years to as much as R100 million and 30 years, and the Precious Metals Act maximum would increase from R100,000 and 20 years to R100 million and 30 years.

A new offence would cover anyone who conspires with, aids, instructs or provides a service to a person engaged in illegal prospecting or mining, bringing financiers, recruiters, suppliers and equipment providers within reach. The Bill also defines artisanal mining permits and small-scale mining permits and gives police officers powers as authorised persons for mining compliance. Kubayi said it does not seek to criminalise artisanal miners holding permits.

Reaction

The Minerals Council South Africa backed the Bill, arguing that illegal mining is closely linked to organised crime and that dedicated legislation is critical. Harmony Gold said it was studying the text. Trade union federation Saftu, AfriForum and Mining Affected Communities United in Action supported tougher measures but warned that enforcement must focus on syndicate bosses, buyers and smugglers rather than only the low-paid miners underground. The Federation for a Sustainable Environment said it did not support the Bill in its current form without a working framework for legitimate artisanal mining and action on abandoned mines.

Context

The Bill follows the Stilfontein crisis of 2024–25 and continued deaths at derelict workings; at least 14 miners died after a collapse at Nkaneng near Rustenburg in August 2026. The Department of Justice must consider submissions before the Bill returns to Cabinet for introduction to Parliament.

Sources

• Mail & Guardian: Tougher illegal mining laws raise questions over who will be targeted, 17 Aug 2026
• Diamond Fields Advertiser: Illegal-mining Bill gains industry backing as pressure grows to target kingpins, 22 Aug 2026
• Tabacks: Invitation to comment on the General (Mining) Laws Amendment Bill, 2026, 12 Aug 2026

Photo: Gold-bearing conglomerate ore from the Stilfontein mine in North West Province. James St. John, Wikimedia Commons, CC BY 2.0.