On 7 August 2026, the Department of Justice and Constitutional Development published the draft General (Mining) Laws Amendment Bill, 2026 (the Bill) for public comment. The Bill proposes amendments to four South African statutes to strengthen enforcement against illegal prospecting and mining, criminalise assisting such activity, and significantly increase penalties. It proposes amendments to the Criminal Procedure Act 51 of 1977 (CPA), the Diamonds Act 56 of 1986 (Diamonds Act), the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA), and the Precious Metals Act 37 of 2005 (Precious Metals Act).
Proposed amendments
The Bill references a new class of small-scale and artisanal mining permits and inserts definitions of "artisanal mining," "artisanal mining permit," "authorised person," and "small-scale mining permit". However, such definitions have already been proposed in a separate, already-published Mineral and Petroleum Resources Development Amendment Bill (Government Gazette No. 52704 of 20 May 2025).
Further, section 5A is retitled "Illegal prospecting and mining activities" and requires an environmental authorisation to be granted in terms of the National Environmental Management Act 107 of 1998, together with the relevant mining right or permit, which includes the new class of small-scale and artisanal mining permits[1], before any prospecting or mining activity can take place. In addition, section 5A is updated to remove references to petroleum and exploration.
A new section 5B criminalises assisting or providing a service to any person that enables illegal prospecting or mining.
The Bill broadens section 91 of the MPRDA by removing the existing reference to Board members and instead allowing the minister to designate as an authorised person any officer, or any other person with appropriate expertise, who can carry out the functions contemplated in the proposed new section 91(4) and in section 92. The Bill does not further define "appropriate expertise" or otherwise limit the class of persons who may be designated, so this is a broad, undefined discretion vested in the Minister rather than a defined category of specialists.
Notably, the Bill does not propose updating section 91(4) to also refer to artisanal mining areas and small-scale mining areas.
A new section 91A gives members of the South African Police Service the powers of an authorised person for MPRDA offences, excluding conducting routine inspections in terms of section 92 and issuing compliance notices unless specifically assigned by the minister with police-ministry concurrence.
Section 98 is amended to criminalise contraventions of section 5A and the newly inserted section 5B, and to impose liability for attempting, conspiring, inducing or aiding another person to assist illegal prospecting or mining.
The penalties outlined in section 99 for contraventions of certain provisions contained in section 98 of the MPRDA increase from a maximum fine of ZAR 100,000 and 2 years' imprisonment to a maximum fine of ZAR 100 million and 30 years' imprisonment. Similar increases are proposed to the Precious Metals Act, 2005 and the Diamonds Act, 1986.
Schedule 1 of the CPA is amended to add two new offences. First, illegal prospecting and mining activities under section 5A or 5B of the MPRDA; and second, assisting with illegal prospecting and mining activities under section 5B of the MPRDA. This brings these offences within the special arrest, bail, and sentencing rules that apply to Schedule 1 offences.
Under the Precious Metals Act, section 20(1) contraventions (including knowingly buying unwrought or semi-fabricated precious metal without being satisfied that the seller is lawfully entitled to sell it and maliciously placing precious metal on another person's premises to secure a wrongful conviction) increase to a maximum fine of ZAR 100 million or imprisonment of up to 30 years, or both. Importantly, a failure to obtain a required import permit (currently a lesser contravention envisaged in section 20(2)) now carries the higher penalties under section 20(1), as the reference to that provision is removed from section 20(2). Section 20(1) contraventions have also been widened to include a failure to obtain the required approval for the export of precious metals. The remaining section 20(2) contraventions are not otherwise amended, and their penalties (a lower fine and shorter imprisonment term) remain unchanged.
Under the Diamonds Act, the proposed amendments to section 87 significantly increase the applicable penalties. For offences under sections 82(a) or (b), the maximum fine increases from ZAR 250,000 to ZAR 100 million, while the maximum imprisonment term would increase from 10 to 30 years. For offences under sections 82(c), 83(a) or 84(a), the maximum fine would increase from ZAR 100,000 to ZAR 100 million and the imprisonment period increases from 4 to 30 years.
Public comment period and next steps
The Bill is currently open for public comment. Interested parties are required to submit written comments by no later than Friday, 11 September 2026.
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[1] These permit categories, and the mechanics for applying for, granting and renewing them, are created by new section 27A (artisanal mining permits, capped at 1.5 hectares and a two-year term, renewable for a two-year term) and amended section 27 (small-scale mining permits, capped at 5 hectares and a five-year term, renewable for a five-year term) of the MPRDA, as proposed by the Mineral and Petroleum Resources Development Amendment Bill (Government Gazette No. 52704 of 20 May 2025), not by this Bill.
[1] These permit categories, and the mechanics for applying for, granting and renewing them, are created by new section 27A (artisanal mining permits, capped at 1.5 hectares and a two-year term, renewable for a two-year term) and amended section 27 (small-scale mining permits, capped at 5 hectares and a five-year term, renewable for a five-year term) of the MPRDA, as proposed by the Mineral and Petroleum Resources Development Amendment Bill (Government Gazette No. 52704 of 20 May 2025), not by this Bill.
On 7 August 2026, the Department of Justice and Constitutional Development published the draft General (Mining) Laws Amendment Bill, 2026 (the Bill) for public comment. The Bill proposes amendments to four South African statutes to strengthen enforcement against illegal prospecting and mining, criminalise assisting such activity, and significantly increase penalties. It proposes amendments to the Criminal Procedure Act 51 of 1977 (CPA), the Diamonds Act 56 of 1986 (Diamonds Act), the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA), and the Precious Metals Act 37 of 2005 (Precious Metals Act).
[1] These permit categories, and the mechanics for applying for, granting and renewing them, are created by new section 27A (artisanal mining permits, capped at 1.5 hectares and a two-year term, renewable for a two-year term) and amended section 27 (small-scale mining permits, capped at 5 hectares and a five-year term, renewable for a five-year term) of the MPRDA, as proposed by the Mineral and Petroleum Resources Development Amendment Bill (Government Gazette No. 52704 of 20 May 2025), not by this Bill.
[1] These permit categories, and the mechanics for applying for, granting and renewing them, are created by new section 27A (artisanal mining permits, capped at 1.5 hectares and a two-year term, renewable for a two-year term) and amended section 27 (small-scale mining permits, capped at 5 hectares and a five-year term, renewable for a five-year term) of the MPRDA, as proposed by the Mineral and Petroleum Resources Development Amendment Bill (Government Gazette No. 52704 of 20 May 2025), not by this Bill.
The Bill is currently open for public comment. Interested parties are required to submit written comments by no later than Friday, 11 September 2026.
[1] These permit categories, and the mechanics for applying for, granting and renewing them, are created by new section 27A (artisanal mining permits, capped at 1.5 hectares and a two-year term, renewable for a two-year term) and amended section 27 (small-scale mining permits, capped at 5 hectares and a five-year term, renewable for a five-year term) of the MPRDA, as proposed by the Mineral and Petroleum Resources Development Amendment Bill (Government Gazette No. 52704 of 20 May 2025), not by this Bill.
