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ILLEGAL MINING
SA mulling over legislation 
to criminalise illegal mining
 
19th June 2009
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A South African Parlia-mentary committee 
 has proposed that the country’s mining laws be improved to include legislation that governs illegal mining.


There was currently no legislation that criminalised illegal mining. Illegal miners were charged with trespassing, a minor offence compared with the seriousness of the practice, Parliament’s select committee on economic development said.


Chairperson Freddie Adams said that Parliament should try to stop illegal mining, which recently claimed more than 80 lives at gold-mining company Harmony’s Eland shaft, near Welkom, in the Free State.


Adams said that it was “worrying that bodies keep piling up every day”.


On June 1, Harmony found 36 dead illegal miners, but the death toll has since more than doubled to 84.
The deaths follow an apparent underground fire. 
It was suspected that the people died of smoke and gas inhalation.


Adams said that the com-mittee had agreed that legis-lation would make it easier for law enforcers to police closed mines as it would give a clear definition of a closed mine and who was responsible for controlling access.

Harmony welcomed the news of the possible change to legislation. “It is definitely good news for us, and it shows that government is committed to working with us in solving this problem,” Harmony spokes-person Marian van der Walt told Mining Weekly.

She added that the company was currently in ongoing 
negotiations with the Depart-ment of Mining to find solu-
tions to the problem of illegal miners.

The Parliamentary committee was also planning to visit the Eland shaft to interact with mine management and the workers.

Committee member Aaron Mnguni, who has worked in the mines for over 15 years, laid plain the suspicion that most illegal miners were ex-mineworkers who had vast 
experience in mining and often conspire with security and current miners, who supply them with explosives.

Mining Minister Susan Shabangu said early this month that South Africa would intensify its fight against illegal mining, and described the activity as a threat to the mining industry and the country’s economy.


Earlier in the year, 20 illegal miners died in a mine near Barberton.

Edited by: Martin Zhuwakinyu

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