OPINION | Mining firms must be held responsible for illegal mining

Mining companies who act irresponsibly and failed to close and seal mine shafts should be held directly responsible for illegal mining operations.

The National Union of Mineworkers (NUM) issued several warnings about the big disaster that illegal mining poses but those warnings were ignored. The illegal mining activities have been left unattended for so long, it is a national crisis.

These unauthorised operations can lead to environmental degradation, endanger the lives of illegal miners and undermine the rule of law. The mining industry must adhere to responsible closure practices, which include proper sealing of shafts and rehabilitation of mining sites to prevent such occurrences. Governments and regulatory bodies have the authority to enforce these responsibilities and ensure that mining companies comply with environmental and safety standards.

The government failed dismally to improve its intelligence. Illegal miners are troopers and their network grew bigger. The Mineral and Petroleum Resources Development Act (MPRDA) of 2002 is a cornerstone of South African mineral law, aiming to facilitate equitable access and sustainable development of the country's mineral and petroleum resources. It has been amended to address various aspects of mining operations, including illegal mining, which poses significant challenges to the industry.

Illegal mining activities, often linked to organised crime can lead to dangerous underground situations and significant financial losses for legitimate mining operations. The MPRDA, along with other laws such as the Mine Health and Safety Act, seeks to combat these activities by setting out clear regulations and penalties for non-compliance. However, enforcement remains a complex issue, requiring co-ordinated efforts between government bodies and law enforcement.

The issue of abandoned mine shafts poses significant environmental, safety, and legal challenges. When mining companies neglect to close and seal unused mines, they must bear responsibility for subsequent illegal mining activities.

NUM suggested regulations for such activities so that those who are doing it are known and could be held responsible and guided by the laws of this country. The union also suggested that the best way of dealing with the scourge of illegal mining was to legalise this artisanal activity so those who are involved could contribute to the broader economy of the country. It is estimated that between 8,000 and 30,000 illegal miners are operating in SA. Roughly between 5% and 10% of SA’s annual gold production stems from illegal mining.

Mining industry is an important part of the country’s economy contributing at least R480.9bn to the country’s GDP. It employed around 458,954 people in 2021, but retrenched more than 100,000 workers during the Covid-19 pandemic which caused huge social and economic dislocation. NUM, through its entity, the Mineworkers Development Agency, provided support to more than 70% of the retrenched members to become economically active.

Illegal miners go to great lengths to access unused mines such as using dynamite to blast through sealed entrances. It is standard practice for miners to spend months at a time underground, facing the possibility of death. The collapse of mines and poisonous gasses are two of the most common threats.

In 2009, 82 illegal miners died from inhalation of poisonous gasses after an underground fire started in an unused mine in Welkom. In 2014, 21 illegal miners had to be rescued from an abandoned mine in Benoni, Gauteng. In 2015, emergency personnel could not reach 12 illegal miners as a result of fumes from an underground explosion of a generator.

There are no easy solutions to the problems that arise from illegal mining. Ideally, mining companies must take responsibility to ensure proper closure and securing of unused mines.

Chilwane is NUM media officer