South Africa Draws Line Between Illegal and Artisanal Mining, Minister Tells Rights Inquiry

By Bradley Riviera | MiningFocus Africa

South Africa’s Minister of Mineral and Petroleum Resources, Gwede Mantashe, has stressed that illegal mining and artisanal mining are fundamentally different activities, warning that conflating the two risks undermining policy and enforcement outcomes.

Appearing before the South African Human Rights Commission in Johannesburg, Mantashe said the Commission’s national inquiry into artisanal and small-scale mining had misinterpreted the scope of the sector by placing excessive emphasis on illegal mining.

Policy Support for Artisanal and Small-Scale Mining

Mantashe told the Commission that government has established formal policies and allocated funding to support small-scale and artisanal miners, arguing that these activities operate within a regulated framework intended to promote livelihoods, safety and compliance.

“We are here at the Human Rights Commission, you are conducting an inquiry on artisanal and small-scale mining, but your emphasis is on illegal mining,” Mantashe said. “Our starting point is that your framework is wrong.”

He cautioned that recommendations emerging from the inquiry would be problematic if they failed to clearly distinguish between regulated artisanal mining and criminal, unlicensed operations.

Stilfontein Mine Tragedy

The minister also addressed the 2024 tragedy at the Stilfontein mine, where more than 70 illegal miners died underground after law enforcement agencies blocked access points in an effort to flush out illegal operations.

Mantashe argued that the incident was not the result of regulatory failure, but rather the consequence of risks knowingly taken by individuals engaged in illegal mining activities.

According to authorities, the operation followed long-standing concerns over safety, criminal syndicates and unregulated underground activity at abandoned or closed mining sites.

Illegal vs Artisanal Mining

Mantashe emphasised that illegal mining involves unlicensed operations conducted outside the law, often linked to organised crime and unsafe working conditions. By contrast, artisanal and small-scale mining operates within a legal framework supported by government policy, licensing processes and developmental objectives.

“If your recommendations conflate the two, I will be opposed to that,” he told the Commission, warning that policy confusion could weaken both enforcement against illegal mining and support mechanisms for legitimate small-scale operators.

Broader Implications

The distinction is central to South Africa’s broader mining reform agenda, which seeks to balance economic inclusion, worker safety, and resource governance, while cracking down on illegal mining networks that pose risks to communities, infrastructure and national security.

Outlook

As the Human Rights Commission’s inquiry continues, the debate highlights the need for clear regulatory definitions and targeted policy responses. For government and industry stakeholders alike, separating criminal activity from legitimate artisanal mining will remain critical to achieving inclusive growth without compromising safety or the rule of law.