Parliament portfolio committee calls on DMRE to be tough on unused mines

Johannesburg - The Portfolio Committee on Mineral Resources and Energy has called on the Department of Minerals Resources and Energy (DMRE) to clean up its act and implement a policy to close and seal off unused mines.

The committee, last week, visited the Krugersdorp area where a group of women was gang-raped by alleged illegal miners while shooting a music video at a disused old mine. The Chairperson of the Portfolio Committee Sahlulele Luzipo said the DMRE needs to implement the principle of “use it or lose it”, over and above the programme of closing disused and ownerless mines.

"Under no circumstances should the mines be left dormant halfway because they end up as a breeding ground for illegal mining activities. There needs to be a way in which the MPRDA is harmonised with the Companies Act to deal effectively with issues of mining rights and company liquidation,” said Luzipo.

The committee has directed the DMRE to provide a detailed report with regard to the history of mines operated by Mintails South Africa, including details of directors and the status of mining licenses.

He added that there was a need for partnership between role-players, including the DMRE, the Department of Police, and the Department of Home Affairs, to capacitate Mintek and the Council for Geoscience with skills and financial resources to fast-track the programme of sealing off disused and ownerless mine shafts.

The committee heard that both Mintek and CGS sealed off 56 shafts at disused and ownerless mines thus far and they are left with 26 shafts in the whole of the West Rand.

It’s alleged that eight women, aged between 19 and 35, were filming a music video at an abandoned mine dump in West Village when they were attacked by a gang of zama-zamas who raped and robbed them.

The incident brought to the fore the failures of the DMRE in executing one of its duties, the closure of old mines and rehabilitating the land for future use. It also highlighted the high levels of illegal mining, known as zama-zamas in the country, where mostly, foreign nationals, go into old shafts to scavenge the few minerals left.

The department has been reluctant in admitting its failures and seemingly has opted to stick its head in the sand and behave as though it doesn’t know that funds exist to close old mines.

Responding to a media enquiry from the publication regarding the lucrative business of illegal mining and the available funds to close disused mines, the department said it was difficult to quantify the value of illegal mining.

“The criminal syndicates in the minerals and mining sectors launder proceeds of illegal mining through other criminal activities and they use many informal and formal financial sectors to move money through intermediaries that may not be actively a part of illegal mining. The money from the illegal mining and illicit trade on minerals is laundered within South Africa and also internationally through sophisticated international financial systems and global criminal enterprises,” the response from the media desk said.

Quizzed on the funds to rehabilitate mines, the department said: “We do not have this information that the journalist is relying upon. We need more information on the R60 billion. The department keeps a record of funds for rehabilitation paid by holders of rights including records of guarantees and financial instruments for the purposes of rehabilitation.”

The committee said on the impact of illegal mining and associated crimes, it was informed that illegal miners often commit statutory rape, rob communities at gunpoint, and commit murder with unlicensed high-calibre rifles. The illegal miners also remove pillars from underground mines which causes sinkholes.

Tina Joemat-Pettersson, former minister of energy (2014-2017) said going forward, co-operation between the Portfolio Committee on Police, Mineral Resources and Energy, and the Portfolio Committee on Home Affairs needs to conduct a joint oversight on the executive as the issue of illegal mining has become a serious threat to national security.

Institute for Security Studies (ISS) criminologist Lizette Lancaster believes South African businesses benefited from illegal mining. Lancaster said the industry’s growth showed that this was a syndicate with people who were highly connected, adding that businesses, scrap metal dealers, and construction companies were also supporting them. She said those who supplied the illegal miners with tools should be investigated.

The collective output of the group is estimated to be worth between R7 billion and R21 billion a year, with at least 34 tons of gold exported to Dubai, while more enter international markets via neighbouring countries.

Minerals Council South Africa spokesperson Allan Seccombe said illegal mining syndicates are one aspect of the myriad crime and security issues confronting the country and economy. He said there were negative impacts on communities where these criminal syndicates are operating.

“Illegal mining is marked by high levels of violence and environmental degradation. The fiscus is losing revenue,” he said.

Sibanye-Stillwater spokesperson James Wellsted said this is the problem that has been affecting the mining industry for many years, adding that they have been raising the problem with relevant authorities including police, and nothing has been done.

“We pointed out that it poses a risk to the economy and the mining operations. It also poses a risk to employees, and the communities, which is what is happening in Krugersdorp,” said Wellsted.

More than 130 illegal miners have since been arrested and charged with being in the country illegally after the attack on the film crew at West Village. Angry community members also took to the streets to call for an end to illegal mining, which they said has been the root cause of the high levels of crime in the area. The protest escalated to areas such as Munsieville and Bekkersdal, where miners’ belongings were destroyed.

DA shadow minister on resources and energy James Lorimer said a lack of will on the part of the police was also a problem, adding that there was a gap in the legislation to deal with illegal mining.

“There are areas of the country, including several in Gauteng which are beyond the control of the police. Illegal mining was allowed to flourish and it created lawless areas where the lawlessness spilt over into the nearby communities,” said Lorimer.

Police spokesperson Colonel Athlenda Mathe said Gauteng, Mpumalanga, North West, Northern Cape, and Free State have been identified as hotspots. She said it has been discovered that most of the illegal miners were probably undocumented nationals from Lesotho, Zimbabwe, and Mozambique.

“A national multidisciplinary task team has been established to address illicit mining activities, the tracking, and tracing of illegal miners. In the identified hotspot provinces disruptive and specialised operations are conducted to prevent and combat these activities. The SAPS is working closely with key stakeholders including DMRE and the private sector security stakeholders,” said Mathe.

Mathe added that more than 289 illegal miners have been arrested in Gauteng over two weeks, while 455 were arrested in Mpumalanga since April 2022.