CRIMINALISING SURVIVAL OP-ED: Blunt-force justice — new bill proposes excessive punishment for artisanal mining
The General (Mining) Laws Amendment Bill proposes penalties of up to 30 years’ imprisonment and a R100-million fine for unlicensed mining. But the Bill fails to distinguish between violent criminal networks and vulnerable, subsistence artisanal miners.
The General (Mining) Laws Amendment Bill proposes severe penalties for unlicensed mining, with up to 30 years in prison and a fine of up to R100 million. However, the bill does not differentiate between violent criminal networks and vulnerable artisanal miners. The justice minister, Mmamoloko Kubayi, explained that the bill's harsh penalties are necessary due to the link between illicit mining and criminal activities like kidnapping, human trafficking, and murder.
Despite the rationale, the bill fails to limit its punishment to only the most serious offenses, instead imposing identical penalties for both artisanal miners and criminal syndicates. This disproportionate sentencing raises concerns about the constitutionality of the law, as it may violate the right to not be subjected to cruel, inhuman, or degrading treatment.
The bill's indiscriminate application of severe penalties disproportionately impacts artisanal miners, who often engage in mining as a means of subsistence due to historical and present socio-economic challenges. The lack of distinction between different forms of conduct, levels of participation, and culpability undermines the principle of proportionality in sentencing.
To address the challenges posed by illicit mining, a more targeted approach is needed that takes into account the specific circumstances of artisanal miners and distinguishes between different forms of conduct.
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