Parliament of South Africa

11/26/2022 | Press release | Distributed by Public on 11/27/2022 13:07

Media Statement: Mineral Resources, Police and Home Affairs Committees Adopt a Joint Oversight Report on Illegal Mining

Parliament, Saturday, 26 November 2022 - The Portfolio Committees on Mineral Resources and Energy, Police and Home Affairs adopted a joint oversight report yesterday, bringing to an end their assignment of visiting illegal mining hotspots in five provinces namely, Limpopo, Gauteng, Mpumalanga, Free State and North West.

The committees were assigned by the National Assembly (NA) Speaker to conduct joint oversight visits where they discovered how illegal mining activities affect communities with social crimes, following the incident of gang robbery and sexual assault at a mine dump in Krugersdorp.

In his opening remarks, the Chairperson of the Portfolio Committee on Mineral Resources and Energy, Mr Sahlulele Luzipo, who served as the leader of delegation during joint oversight visits, said that given the nature of the crime that was committed against eight women during the Krugersdorp's incident it was coincidental that the committees met to adopt a joint oversight report on the official start of the 16 Days of Activism for No Violence against Women and Children Campaign.

He said: "We should all acknowledge that the backdrop of the joint oversight having been undertaken was on the basis of the incident that took place in Krugersdorp which included massive sexual assault of women. Unfortunately as we meet today, we heard that charges against those who were initially arrested in the wake of this incident have been withdrawn. We hope that the dropping of charges was only a strategic retreat and that more work is still going to be done to bring the perpetrators to book."

In the report, the committees acknowledge the response of Free State to illegal mining and recommend that the province could be used as a benchmark by all the provinces experiencing illegal mining.

The report also makes an observation on the existing legislative gaps which have an impact on the effectiveness of the efforts to fight illegal mining. It observes that by not explicitly criminalising illegal mining, the Mineral and Petroleum Resources Development Act of 2008 (Act No 49 of 2008), presents a substantial shortcoming and limits policing operations severely.

The committees are also of the view that other existing legislation to combat illegal mining is fragmented and lacks substantive measures to effectively deal with these activities.

The report also makes a number of recommendations to respond to the challenge of illegal mining, including, amongst others, an urgent amendment of some legislation that include Immigration Act 13 of 2002, the Mineral and Petroleum Resources Development Act 28 of 2022, the Diamonds Act 56 of 1986, the Precious Metals Act 37 of 2005, the Hazardous Substances Act 15 of 1975 and the Customs and Excise Act 91 of 1964.

Mr Luzipo said that the joint oversight was also aimed at contributing towards reducing the country's high crime statistics as presented by the Minister of Police on Wednesday, especially the scourge of gender-based violence and social crimes in communities as a result of illegal mining.

The report will now be published in Parliament's Announcements, Tablings and Committee Reports (ATC) publication before it is debated and adopted by the NA.

ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON MINERAL RESOURCES AND ENERGY, MR SAHLULELE LUZIPO.

For media enquiries or interviews with the Chairperson, please contact the committee's Media Officer:
Name: Justice Molafo (Mr)
Cell: 081 424 7481
E-mail: [email protected]