The lackadaisical approach by the government to regularise artisanal mining is the root cause of the current lawlessness, chaos, and deaths which have gripped the lucrative industry and denied the country the much needed economic growth, writes Max Matavire.
South Africa is endowed with all the minerals any country in the world yearns for, but the government has handled this industry poorly to the detriment of job creation, economic development, stability, and industrialisation. The mining industry alone contributes about R400 billion to the Gross Domestic Product (GDP) and the South African mining industry ranks 5th globally, according to Invest SA.
This mismanagement of this industry and lack of legislation has led to the rise of illegal mining, which in turn is causing lawlessness and costing the country between R60 billion and R75 billion annually. Geologist and mining researcher specialising in artisanal mining, who has presented numerous papers at international platforms regarding the subject, Kgothatso Nhlengethwa, argues that not all informal mining is illegal.
Nhlengethwa says in South Africa illegal mining currently covers all aspects of unpermitted mining, adding that this definition does not allow for differentiation between invasive illegal mining and informal community mining.
“Invasive mining occurs when miners illegally enter old mine workings of decommissioned mines whereas informal mining is community-based and follows customary law. The two are very different types of mining but sadly they have the same illegal status under the current law. This gives rise to a fundamental question; is all informal mining illegal and is it all the same? The answer is NO,” argues Nhlengethwa, adding that both types of mining—invasive and informal community—can be described as artisanal and small-scale mining because of their attributes.
She also says it is absurd that in a country like South Africa massively endowed with mineral wealth that artisanal and small-scale mining are sidelined.
Formalising this industry will result in cleaner mining as modern technologies will be implemented and the effects will be long term for the affected communities as they are left with an unpolluted environment, clean underground water systems, zero crime, and generally good health. The miners will also be given licences and demarcated areas to mine. The entire operations will be orderly and properly monitored and managed.
The government has taken too long to regularise artisanal mining because it is often regarded as informal and illegal. It uses basic, rudimentary tools and it’s mainly for subsistence. Although it offers livelihoods as currently about 30 000 people are involved in artisanal mining in South Africa, it has challenges of poor safety, crime, it’s currently not formalised, it lacks technology, and among numerous other challenges, it permanently damages the environment.
Yes, efforts are being made to formalise artisanal and small scale mining. Legislation currently being worked on aims to transition artisanal and small scale mining (ASM) from illicit activity to a formal legal sector. The Draft Mineral Resources Development Bill (2025) was approved for public comment and submissions closed in August last year. The Department of Minerals and Petroleum Resources is now consolidating the feedback in preparation for a revised draft for cabinet approval.
The legislation is aimed at modernising mining, separating petroleum and mining regulations, formalising artisanal mining, and enhancing beneficiation. Although the Minerals Council South Africa is engaging the department to ensure the new regulations support investment and growth, the contention is on its definition of “controlling interests” and its impact on investment.
There is also the SA 2022 Artisanal and Small scale Mining Policy also currently under amendment as it has loopholes such as the extent to which ASM permits are capped, for example, mining permits being limited to five hectares but the policy does not cap these permits which could lead to abuse of the system as permit holders could use this as a back door to obtain less onerous rights over large tracts of land.
However, the policy objectives are noble as it focuses on economic growth, job creation, and empowering historically disadvantaged people through the permit system.
The long absence of such legislation has seen an increase in illegal miners commonly referred to as zama zamas. It is estimated that there are between 10 000 and 30 000 zama zamas throughout the country mostly operating in Gauteng, Mpumalanga, North West, Limpopo, and the Northern Cape. These are groups of now mostly foreign nationals from Lesotho, Zimbabwe, and Mozambique who illegally enter disused mines. They are dangerous as they carry guns and can kill anyone in their path who tries to stop them from mining.
They also occasionally clash among themselves as they fight for turf. They are also co-opted into syndicates by rich people who use them to do the mining and there has been talk of politicians being behind these zama zama syndicates. The aim of the formalisation of artisanal and small scale mining is also to separate small scale subsistence miners from organised crime syndicates, streamlining bureaucratic hurdles and setting specific requirements for small scale mining permits.
In South Africa about 250 000 people directly or indirectly rely on the proceeds of artisanal mining. National Association of Artisanal Miners (NAAM) national spokesperson Zethu Hlatshwayo says he is satisfied with the manner the regularisation of the industry is going on. In an interview with BBQ Magazine, Hlatshwayo says they started in 2018 with only 100 members from a few provinces but now they have spread throughout the country and boast a membership of about 100 000.
“We are an advocacy group and we are a vehicle to carry the aspirations of artisanal and small-scale miners. We participated in the drafting of the legislation and our input was included in the policy. We are happy that the legislation will allow us to have permits and restore our dignity. We are a legal entity and we work with the Minerals and Petroleum Resources department. We do not go about digging everywhere – instead we have designated sites,” says Hlatshwayo.
He lambasted zama zamas and called on them to join NAAM so that they speak with one voice and that they should be registered. The government should now move with speed and formalise this industry which has seen rogue elements terrorising communities making them to abandon their homes as they flee to safety.This industry has great potential to create the much needed jobs, boost the economy, and curb crime.
*Nkosinathi Dlula* (not his real name), a former miner in the Vaal, Gauteng who was retrenched together with 150 others when their mine closed in 2023, and now a zama zama paints a grim picture of survival. “It’s not easy what we are doing, but we have to put food on the table for our families,” he says as he describes zama zama operations.
“It’s a dog eat dog out there. After our mine was closed, 10 of us came together and decided to go back to the mine and re-open the sealed shafts and started mining. It’s dangerous both underground and on the surface as there are turf wars. You often encounter other groups also mining and skirmishes start. Zama zamas carry guns and there is a lot of blood being shed in these operations—people are dying and continue to die,” he says, adding they have to survive and that is why they do illegal mining.
However, he expressed hope that at least the government was doing something to formalise artisanal and small-scale mining although he mourns why it has taken so long.