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ILLEGAL MINING

Adv. Sandile Nogxina Director General

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Mining legal framework• MHSA

• Provides for setting of health and safety standards.• Provides for system hazard identification and risk assessment• Section 2 places duty of care on a right holder to protect the

safety and health of employees and the public from risk emanating from his or her operation.

• Section 47 provides for system of State oversight of health and safety conditions at mines.

• A mining area is defined as follows both in the MPRDA and the MHSA.• “Mining Area”-

(i) In relation to a mining right or a mining permit, means the area for which that right or permit is granted

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Mining legal framework• MHSA

• Provides for setting of health and safety standards.• Provides for system hazard identification and risk assessment• Section 2 places duty of care on a right holder to protect the

safety and health of employees and the public from risk emanating from his or her operation.

• Section 47 provides for system of State oversight of health and safety conditions at mines.

• A mining area is defined as follows both in the MPRDA and the MHSA.• “Mining Area”-

(i) In relation to a mining right or a mining permit, means the area for which that right or permit is granted

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Extend of Illegal Mining

• Discovered for the first time in the Free State Region in 1999.

• It has also been reported in Mpumalanga and some parts of the West Rand.

• Death of 35 illegal miners was reported in Barberton.

• Underground confrontation with security personnel and police have been reported in Barberton.

• Both the community and employees will ordinarily feel threatened when illegal activities have been reported.

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Departmental Initiatives

• 23 illegal miners died in Free State in October 2007.

• The mine inspectorate started discussions with mines and mine security personnel.

• The following measures were implemented to contain the growing illegal trade.

To improve on access control; To conduct more searches on individuals; More involvement from the SAPS; To increase the frequency of underground patrols and raids

by security;

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Departmental Initiatives

• Police involvement increasing.• More underground raids by mine security with

assistance of police.• In one of the raids 114 illegal miners were

arrested.• The problem growing since 1999.• Mine encouraged to improve communication about

illegal mining and discouraged its support.• Department met with the unions as way to

encourage them talk to their members about the dangers of illegal mining and discourage support and participation by union members.

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Departmental Initiatives

• Given the growing concern about illegal mining activity in Welkom; the department met with the mine SAPS and Department of Justice.

• Stricter sanctions for illegal access to mine property were discussed.

• January 2009 another meeting between DME, SAPS and Harmony mine was arranged.

• Short term security operation by police and security personnel was discussed.

• The mine (Harmony) developed and implemented an action plan to contain this illicit activity.

• Many illegal miners have been arrested as result of the government intervention.

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Challenges with Illegal mining

• High unemployment due to major mine closure in the recent years in the region fuels this unwanted activity.

• Many ex-miners are involved in this activity.• Closed operations are connected with

operating mines in the area complicating access control of mines.

• Illegal miners stays underground for extended periods.

• Mine employees are reported to be involved and supporting the illegal miners by selling bread and other consumables.

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Tragic death of illegal miners

• Beginning of June 2009 a fire was reportedly started by illegal miners in an non operating ARM mine.

• This mine is about 10 KM from Eland-Harmony shaft.

• 87 bodies of illegal miners brought to surface through the Harmony-Eland shaft.

• Minister immediately went to the mine and met with mine management and unions.

• Subsequently met with all stakeholders and communities groupings

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Initiatives and plans

1. A local forum has been set up under the leadership of the Department to address issues of illegal mining.

2. The forum has met and has since developed an action plan.

3. The Minister has engaged the Minister of Police and the Minister of Justice and Constitutional Development.

4. Minister will raise the matter with Cabinet on Thursday.

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Conclusion

• Illegal mining is a criminal activity.

• Threatens communities and may endanger employees.

• Must be condemned in all its forms.

• Stakeholder participation and cooperation is necessary.

• Requires a multifaceted approach and cooperation between State Departments.

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Thank You