South Africa: Government Gets Tougher On Illegal Mining

The South African government is introducing tougher laws to combat illegal mining, known as zama zamas. The proposed General Mining Laws Amendment Bill aims to change several existing laws and introduce new offences to tackle the issue. One of the key changes would make illicit mining a specific criminal offence, giving authorities stronger legal tools to deal with the problem.

Lawyers for Human Rights welcomed the proposed changes but cautioned that enforcement should target those behind illegal mining operations, not just the miners themselves. The organisation highlighted that many zama zamas are driven to illegal mining by poverty and unemployment, and simply focusing on them may not solve the root cause of the issue.

The government's efforts to address illegal mining are part of a broader legislative package, including the Legal Practice Amendment Bill and the Regulation of Trusts Bill. These bills have been gazetted for public comment, allowing South Africans to submit their feedback before Parliament considers them.

In a related development, the Constitutional Court recently ruled that a section of the Riotous Assemblies Act of 1956, which dealt with the incitement of crimes, was unconstitutional. The court's decision aimed to balance the need to prevent crime with the protection of freedom of expression.

The proposed law on conspiracy, instigation, and incitement to commit offences is expected to be presented to Parliament for consideration. If passed, it could form a crucial part of the government's response to illegal mining, alongside the mining bill currently under review.

While the debate around the mining changes will likely focus on stricter punishments, Lawyers for Human Rights emphasizes the importance of addressing the underlying factors contributing to illegal mining, such as poverty and unemployment. The government hopes the proposed changes will empower authorities to tackle the issue more effectively, but the final outcomes will depend on the success of the legislative process and public input.