State cracks down on illegal gold mining in big law pivot

Gold mining in South Africa in many respects drove the country’s modern industrial economy and powered global markets when it was first discovered in the Witwatersrand Basin in 1886 — 140 years ago.

By the early 1970s, the country hit an all-time production peak, mining more than 1,000 tonnes of gold a year — accounting for more than two-thirds of global gold output at the time.

The industry’s best days are behind it, with gold output having plunged by about 90% since its heyday, as mining houses closed unprofitable shafts.

But something sinister replaced it — the surge in illegal mining by “zama zamas” — people willing to risk life and limb in the deepest shafts in the world, searching for leftover gold.

Legislation has struggled to keep up with the menacing industry — until now. The government this week took its biggest step yet to try to break the back of illegal mining, which is largely centred on abandoned gold mines.

The chrome and coal industries have also not been spared the problem of illegal mining.

Illicit mining has been associated with kidnapping, human trafficking, child labour and forced labour. Moreover, illegal mining gangs are directly involved in violent crimes associated with illegal firearms, rape, murder, intimidation, housebreakings, theft, assault, and corruption in nearby communities—  Mmamoloko Kubayi, minister of justice and constitutional development

The cabinet has endorsed the plan to criminalise illegal mining and impose a maximum of 30 years’ imprisonment for those found guilty and/or a hefty R100m fine.

Illegal miners have generally been charged with trespassing and slapped with a mere R300 admission of guilt fine, drawing criticism from the mining industry and affected communities.

That is, however, expected to change after the cabinet’s approval of the General (Mining) Laws Amendment Bill that seeks to address illicit mining.

The minister of justice and constitutional development, Mmamoloko Kubayi, said illegal mining had damaged infrastructure, including underground water pipes, contributed to sinkholes and threatened the safety and security of affected communities.

“Illicit mining has been associated with kidnapping, human trafficking, child labour and forced labour. Moreover, illegal mining gangs are directly involved in violent crimes associated with illegal firearms, rape, murder, intimidation, housebreakings, theft, assault, and corruption in nearby communities,” she said this week.

In 2023, the government established the Vala uMgodi operation to tackle illicit mining in the Free State, Gauteng, North West, Limpopo, Mpumalanga, Northern Cape and KwaZulu-Natal.

Last month, about 105 illegal miners were nabbed in Pilgrim’s Rest in Mpumalanga.

Illegal mining has resulted in several deadly incidents. This week 14 suspected illegal miners died in a rockfall in the North West.

In 2025, police recovered the bodies of more than 90 illegal miners in an abandoned mine in Stilfontein, where they had refused to resurface, resulting in a standoff with the police.

Despite efforts to curb illegal mining, it is persistent. PwC reported that illegal mining is a symptom of a deeper socioeconomic crisis in South Africa and its neighbours, including joblessness, poverty and slow economic growth.

In its SA Mine report in 2017, PwC reflected that the value of illegal mining was more than R7bn a year. The picture has grown a lot worse since then. In 2025, mineral and petroleum resources minister Gwede Mantashe said there were 6,000 abandoned mines, and South Africa lost R60bn a year to illegal mining, reflecting a R53bn increase since PwC’s 2017 report.

Sibanye-Stillwater, in its 2025 annual report, said illegal mining was the primary driver of violent and accidental deaths in areas around its operations. It highlighted fights between rival gangs and deadly excavation methods.

Arresting impoverished miners while financiers, buyers, smugglers, exporters and syndicate bosses remain untouched will never eliminate illegal mining—  Newton Masuku, Saftu spokesperson

Harmony Gold, South Africa’s largest gold producer, said it was studying the proposed changes and continued to proactively manage what was within its control. It said it would submit its comments on the proposed bill through the Minerals Council South Africa (MCSA), which represents 90% of domestic production.

Harmony recently revealed that it had spent R748m on security to repel illegal miners, which saw it reduce illicit mining by 74% at its South African operations. The group has since 2008 destroyed or sealed 48 shafts, reducing the likelihood of illegal mining activity.

The MCSA put its weight behind the “pragmatic” regularisation of artisanal mining in selected communities where it is practised.

Spokesperson Allan Seccombe said dedicated legislation to define and punish illegal mining was imperative.“Currently, illegal miners can expect to escape with a slap on the wrist after being convicted of the minor crime of trespassing. The Mineral Resources Development Bill seeks to address this point,” he said.

“The reputational risk to South Africa as a source of ethically mined minerals and metals is under threat. Theft of minerals and metals from existing operations as well as infrastructure theft increases the cost of mining through increased security requirements and replacement of stolen materials.”

However, the South African Federation of Trade Unions (Saftu) called on law enforcement to follow the money, saying there’s an illegal mining economy above ground. “Arresting impoverished miners while financiers, buyers, smugglers, exporters and syndicate bosses remain untouched will never eliminate illegal mining,” said Saftu spokesperson Newton Masuku.

“Hunger cannot be our employment agency. Desperation cannot be South Africa’s mining policy. This is why a purely militarised or policing response will never resolve the crisis. Close one shaft without addressing unemployment, poverty and the illegal mineral supply chain, and desperate workers will simply be driven towards another.”