ILLEGAL miners could be fined up to R100m and jailed for up to 30 years under legislative changes designed to tackle South Africa’s illicit mining crisis, said News24 on Tuesday.
Justice and Constitutional Development Minister Mmamoloko Kubayi told a media briefing that the General Mining Laws Amendment Bill, approved by Cabinet, closed a critical loophole in which illicit mining itself was banned, but the activities that supported it were not criminal offences.
The bill, therefore, proposes changes to the Criminal Procedure Act, the Diamonds Act, the Minerals and Petroleum Resources Development Act (MPRDA) and the Precious Metals Act, that would criminalise anyone who assists, funds or otherwise facilitates illegal mining, News24 reported.
Kubayi said the reforms were needed because illicit mining was increasingly harming communities and infrastructure and was tied to serious organised crime. It also caused damage to infrastructure and posed by the danger of sinkholes.
Under the Diamonds Act, the maximum fine for certain offences would jump from R250,000 to R100m, with prison terms extended from 10 to 30 years.
Other offences currently capped at R100,000 would carry the same increased fine and jail term, while the Precious Metals Act’s maximum penalty would rise from R100,000 to R100m and sentences from 20 to 30 years, said News24.
A new MPRDA provision would outlaw directly or indirectly assisting illegal prospecting and mining. Police would also gain certain mining compliance powers, though not routine inspections or compliance notices. Authorised, permitted small-scale artisanal miners would not be criminalised.
