- Illegal mining and assisting illegal miners would become explicit criminal offences, carrying penalties of up to R100 million and 30 years in prison.
- Trustees could face compliance notices, administrative fines, and criminal sanctions for serious misconduct.
- Legal practitioners would face stricter levy enforcement, expanded public-protection rules, and increased oversight of trust funds.
South Africa is preparing some of the toughest proposed penalties yet against illegal mining, with government publishing draft laws that would allow fines of up to R100 million and prison terms of up to 30 years for certain mining-related offences.
The proposed General (Mining) Laws Amendment Bill would also create a new offence for people who directly or indirectly assist illegal mining operations, widening criminal liability beyond the miners themselves to those who provide support, services or other forms of assistance.
Justice and Constitutional Development Minister Mmamoloko Kubayi announced the changes alongside three other major justice reforms dealing with legal practice, trusts and criminal incitement, but the illegal mining amendments represent the most dramatic shift in the package. Government says the measures are aimed at dismantling organised illicit mining networks that have been linked to violent crime, infrastructure damage and threats to community safety.
New offences target illegal mining networks
The Bill would amend the Criminal Procedure Act, the Diamonds Act, the Minerals and Petroleum Resources Development Act (MPRDA) and the Precious Metals Act.
A central change is the insertion of illegal prospecting and illegal mining activities as specific offences in Schedule 1 of the Criminal Procedure Act. The Bill would also criminalise the assistance of illegal mining, including conduct such as aiding, abetting, inducing, inciting, instigating, instructing, commanding or procuring another person to assist illegal mining operations.
Government said the amendments are intended to target the broader ecosystem that enables illicit mining, not only the individuals who enter mines unlawfully.
Kubayi stressed that the Bill does not criminalise authorised artisanal or small-scale miners who hold valid permits.
Penalties rise from thousands to millions
The proposed penalties are significantly higher than those in current legislation. Under the Diamonds Act, the maximum fine for certain offences would increase from R250,000 to R100 million, while the maximum prison sentence would rise from 10 years to 30 years.
For specified offences under the MPRDA, the maximum fine would increase from R100,000 to R100 million, and the maximum imprisonment period would increase from two years to 30 years.
The Precious Metals Act would also be amended to raise the maximum fine from R100,000 to R100 million and increase the maximum imprisonment period from 20 years to 30 years.
The Bill would empower members of the South African Police Service to perform certain mining compliance functions under the MPRDA. However, the police would not receive the power to conduct routine inspections or issue compliance notices, which would remain with designated compliance officials.
Government links illegal mining to violent crime
The Department of Justice said illegal mining has caused damage to infrastructure, including underground water pipes, contributed to sinkholes and threatened water security in affected communities.
Government also linked illicit mining networks to kidnapping, human trafficking, child labour, forced labour, illegal firearms, rape, murder, intimidation, theft, assault and corruption. The tougher penalties are therefore being presented not only as mining regulation but also as a public safety and organised crime intervention.
Legal Practice Bill expands public protection
Alongside the mining crackdown, the Legal Practice Amendment Bill proposes extensive changes to the Legal Practice Act. The Legal Practice Council would regain the power to assess the reasonableness of fees for non-litigious work, a function previously exercised by provincial law societies.
The Bill would formally recognise pro bono and reduced-fee legal services as qualifying community service and allow the Minister to expand qualifying community service activities through regulations. The LPC would also be able to suspend practitioners who continuously fail to pay annual levies and other fees and remove practitioners from the roll once a court order striking them from the roll is received.
Appeals against disciplinary findings and sanctions would have to be lodged within 14 days, down from the current 30-day period.
Trust fund protection strengthened
The Legal Practitioners’ Fidelity Fund would receive expanded powers and responsibilities. Most notably, the Fund could compensate members of the public for losses caused not only by theft but also by the negligence of a practitioner in relation to trust funds.
The Bill would exclude the Fund from liability for cryptocurrency transactions because of valuation uncertainty. Claimants would also be required to report theft of trust money to the South African Police Service and lodge a criminal complaint before instituting a valid claim.
Trusts to face annual reporting and tighter oversight
The Regulation of Trusts Bill would introduce a much stricter oversight regime for trusts. Trustees would be required to prepare annual financial statements, file annual returns and retain trust records for the duration of their trusteeship and for five years after they cease to be trustees.
The Master of the High Court would gain stronger powers to demand accounts, appoint investigators, issue compliance notices and impose administrative fines for failures such as not lodging beneficial ownership information or not filing required returns.
The Bill adopts a risk-based approach, allowing low-risk trusts to be exempted from certain beneficial ownership requirements and enabling exemptions for trusts with little or no financial activity. Serious misconduct, including acting as a trustee without authorisation or intentionally providing false beneficial ownership information, would remain subject to criminal sanctions.
Apartheid-era riot law to be repealed
The Conspiracy, Instigation and Incitement to Commit Offence Bill would repeal the remaining provisions of the Riotous Assemblies Act of 1956. The Bill follows a Constitutional Court ruling that the existing incitement provision was unconstitutional because it criminalised incitement to commit any offence, including minor offences.
The new Bill would limit the offence to serious offences for which imprisonment exceeding six months may be imposed and would create specific offences for conspiracy, instigation and incitement.
Public comment period under way
The General (Mining) Laws Amendment Bill, the Legal Practice Amendment Bill and the Regulation of Trusts Bill have been gazetted for public comment, with submissions closing on 11 September 2026. The Conspiracy, Instigation and Incitement to Commit Offence Bill has been approved by Cabinet and will now be processed by Parliament.
Kubayi called on civil society, business, labour and members of the public to participate in the process and submit comments on the proposed amendments.
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