Exploring South Africa's Illegal Mining Crisis in Stilfontein

These informal mining activities typically begin during or immediately after a mine's decommissioning. By law, the South African government requires the possession of a permit for any entity that intends to engage in the extraction of mineral resources. Mining companies are also legally required to develop comprehensive closure plans, but this has not always been the case.

The complex interplay of illegal mining operations, nefarious interests from criminal organizations, and widespread poverty has blurred regulatory frameworks and control mechanisms. Recently, the town of Stilfontein has drawn significant public attention, highlighting the broader systemic issues surrounding these unauthorized mining activities.

What's Going On?

Following an active crackdown on illegal mining activities in the country, the Stilfontein region in the North West province has sparked spirited reactions. In early November, the South African Police Service (SAPS) launched Operation Vala Umgodi (Close The Hole) to permanently shut down illegal mining at the Stilfontein mines in North West and the Sabie mines in Mpumalanga. Since the operation began, SAPS has reported ongoing discoveries of illegal miners, including the retrieval of bodies, and hundreds more miners still underground.

Two weeks ago, General Fannie Masemola, National Commissioner of SAPS, remarked, "The loss of life is regrettable and highlights the dangerous and unsafe conditions in which these illegal miners operate. Post-mortem reports will reveal the real cause of their deaths."

However, the conversation surrounding Stilfontein extends beyond illegal mining and criminal activities that threaten human life. Central to the narrative is a discussion about the alleged involvement of undocumented individuals in these operations. A recent arrest includes 919 Mozambicans, 382 Zimbabweans, 65 Basotho, and 13 South Africans. Last Saturday, SAPS reported the Stilfontein Magistrate Court convicted and sentenced 19 illegal miners on Wednesday, December 11. "The convicts comprise 14 Lesotho, four Mozambique, and one Zimbabwe, [all] undocumented foreign nationals aged between 20 and 40."

SAPS has come under fire for its approach to the incident, spurring public concern around human rights, dignity, and the conditions of the miners underground. Various organizations have come together in response to what most have deemed a dire situation. The General Workers' Union of South Africa (GIWUSA), Mining Affected Communities United in Action (MACUA), and surrounding community members have jointly raised R76 696, claiming a lack of urgency in police efforts to assist trapped miners.

The root of illegal mining is complex, stemming from systemic gaps that have created a lucrative space for exploitation. The situation reveals intricate connections between poverty, migration, criminal syndicates, and labor exploitation. "In Stilfontein, mines like Driefontein cannot access portions of their premises due to those areas being populated by armed illegal miners," Engineering Geologist Nqobile Mankayi tells OkayAfrica.

In late November, the North West Provincial Legislature sent a committee led by one of its members, Hon. Freddy Sonakile to inspect the Stilfontein mine and monitor efforts. "While the immediate priority is to rescue the illegal miners and ensure their safety, it must be clear that they entered the shaft illegally and must face the consequences of their actions," Sonakile stated. "Law enforcement must ensure that these individuals are arrested and held accountable under the law."

How Does The Mining Industry Respond?

According to the Minerals Council of South Africa, addressing illegal mining requires collaborative efforts. "No single stakeholder can address this challenge," the organization states. Allan Seccombe, the Council's Head of Communication, explains why, "Illegal mining and organized crime are interrelated, often spearheaded by globally connected criminal syndicates," he tells OkayAfrica. Part of the council's purpose and vision is to provide critical context on the rise and underlying causes of illegal mining in the country and explore potential solutions.

Environmental Specialist Munyadziwa Rikhotso gives context to the situation: "South Africa's legislation regarding mine closure and financial provisions was historically less stringent" she tells OkayAfrica. "These legislative gaps led to neglect, with most gold mines failing to implement their closure plans fully. This systemic oversight has resulted in significant environmental, social, and associated issues—exemplified by the current situation in Stilfontein."

In 2004, South Africa enacted the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) to mitigate historical oversights. “It was designed to address these legislative gaps," Rikhotso notes. "Mandating stricter environmental regulations and ensuring that mining operations are conducted in a manner that is sustainable and responsible."

Why Should You Care?

Illegal mining is not unique to South Africa; similar practices exist across the continent, with notable examples in Ghana and the Democratic Republic of the Congo.

At its core, these occurrences are symptomatic of more systemic issues. In this case, inadequate industry regulation, extensive criminal networks, and complex stakeholder interests characterize the landscape of illegal mining. However, an underlying and perhaps most critical reality is the direct connection to poverty and survival. While the illegality of these activities, the danger to surrounding communities, and the threat to human lives are clear; South Africa faces a recurring challenge rooted in fundamental socioeconomic problems: unemployment, insufficient regulations, and poverty.

Ideally, addressing the root causes would be the most effective strategy to mitigate illegal mining. However pervasive and complex the problem might seem, potential solutions exist if stakeholders consider the larger conversations. Mankayi offers an insightful perspective: "Large mining operations have a responsibility to learn to share their economic space. They should establish small-scale mining operations within the areas where they operate to manage a percentage of their activities. They could even fund these smaller operations," she tells OkayAfrica.