Illegal mining under focus: General (Mining) Laws Amendment Bill, 2026

SHE Alert 21, 12 August 2026

Invitation to comment on the General (Mining) Laws Amendment Bill, 2026

The Department of Justice and Constitutional Development (“the Department”) has invited interested individuals and relevant stakeholders to submit written comments on the General (Mining) Laws Amendment Bill, 2026 (“the Bill”). The Bill proposes amendments to the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”), primarily focussing on combatting illegal mining activities and strengthening enforcement across the mining sector.

Key amendments include:

• Insertion of definitions of artisanal mining, artisanal mining permit and small-scale mining permits

• Introduction of offences for persons who assist, facilitate or provide any service to any person directly or indirectly that enables illegal mining activities

• Increased powers for law enforcement authorities, including SAPS as “authorised persons”, in relation to mining compliance and enforcement

• Increased penalties from R100,000 to R100 million, or imprisonment not exceeding 30 years

While many of the proposed amendments to the MPRDA already appear in the draft Mineral Resources Development Bill, 2025, the new Bill underscores government’s focus on addressing illegal prospecting and mining through strengthened offences, expanded enforcement powers and increased penalties.

Stakeholders should monitor the interaction between the two Bills and consider the implications for compliance, operational controls, legal liability and third-party relationships.

Comments must be submitted to the Department of Justice and Constitutional Development on or before Friday, 11 September 2026.

For more information or assistance please contact James Cross or Melissa Grobbellaar.