Tailings conference presentation: What is happening with artisanal mining, mining law and communities in South Africa?

Presentation: MPRDA Amendments and other matters of Law.

10 September 2026, By Nkosi Hlabeni, Owe2Green Economy

1. South Africa through the (MPRDB) is trying to change the way artisanal and small-scale mining is governed. Because:

For all these years, South Africa’s mining laws have been built for the usual, larger-scale mining operations.

2. The 2025 Mineral Resources Development Bill tries to create the new legal framework

The government has presented the Bill as part of a wider reform of the MPRDA. One of its stated purposes is to introduce a licensing regime for artisanal and small-scale mining and to formalise these operations while requiring environmental, safety and labour compliance.

This is very important for us, because, at least for the first time, the proposed new mining law is trying to give artisanal mining a specific place inside the mining regulatory system.

Our concern, however, is what happens between the present reality and the future legal system.

So… the question is:

“How does South Africa move from an informal and criminalised artisanal mining sector to a legal, safe, environmentally responsible and economically meaningful artisanal mining sector?”

On our comments to the draft Bill, we did ask several questions:

  1. Who qualifies as an artisanal miner?
  2. How does an existing miner become legal?
  3. What happens while that process is taking place?
  4. Who identifies artisanal mining zones?
  5. Who will get access to old mine dumps and tailings?
  6. What happens when those dumps contain critical minerals?
  7. Who carries the environmental liability?
  8. How are health and safety standards applied?
  9. How do miners get technical support?
  10. How do they access finance?
  11. How do they sell minerals legally?
  12. How do communities benefit?
  13. How do mining companies interact with organised artisanal miners?
  14. How are disputes resolved?
  15. How do we distinguish artisanal miners from organised criminal syndicates?
  16. How do we stop criminal networks without pushing a legitimate economic activity further underground? 

We have asked these questions because, we see that:

The problem is not simply that people are mining illegally. The regulatory system itself has not properly and adequately accommodated the realities of artisanal and small-scale mining.

Another major issue is that ASM is not controlled by one department.

Different responsibilities involve:

  • DMPR;
  • DFFE;
  • DWS;
  • Department of Health;
  • Department of Employment and Labour;
  • SAPS;
  • SARS;
  • municipalities;
  • provinces;
  • and other institutions.

AND The biggest contradiction is that South Africa is saying:

We want to formalise artisanal mining.

At the same time:

We want stronger enforcement against illegal mining.

At the same time:

We want to increase production of critical minerals.

At the same time:

We want environmental protection and safer mining.

At the same time:

We want communities to benefit from mineral resources.

That is where the real problem lies. We have…

  • The 2022 ASM Policy says the system needs to be simpler and more appropriate for ASM.
  • The MRDB, which proposes a dedicated licensing regime.
  • The government’s ASGM NAP, which says formalisation needs support, markets, finance, technology, health and environmental management.
  • The General (Mining) Laws Amendment Bill (GMLAB) is now strengthening enforcement against unauthorised mining, and the public-comment period closes on 11 September 2026. 
  • Critical Minerals Strategy – The strategy sees critical minerals as part of a much bigger industrial system and Its main purpose is to develop South Africa’s critical-minerals economy, and 
  • Community development, all coming together. 

3. WHAT IS STILL MISSING

The practical transition from informal artisanal mining to lawful, safe, supported and community-benefiting artisanal mining.

Our position is that:

We support a lawful, safe and environmentally responsible artisanal mining sector. We support action against criminal syndicates and dangerous illegal operations. But enforcement cannot be the whole policy. South Africa must also build a practical pathway through which existing artisanal miners can become legal, organised, safe and economically productive.

To us, formalisation must be more than a permit. It must be about access to mining areas or land , safety systems, environmental support, technology, markets, finance, training, community participation and a fair share of our mineral economic value.

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