R100m fines for Zama Zamas? New mining laws explained
PRETORIA — The Department of Justice and Constitutional Development has called on South Africans to submit public comments on a series of legislative amendments aimed at curbing illegal mining, reforming the legal profession, and modernizing trust administration.
Justice and Constitutional Development Minister Mmamoloko Kubayi briefed the media on Tuesday regarding four major pieces of legislation: the General (Mining) Laws Amendment Bill 2026, the Legal Practice Amendment Bill 2026, the Regulation of Trusts Bill, and the Conspiracy, Instigation and Incitement to Commit Offence Bill 2026. While the first three are open for public comment, the latter will now proceed to Parliament for formal adoption.
The General (Mining) Laws Amendment Bill 2026 introduces significantly harsher penalties for illicit mining activities. Minister Kubayi clarified that the bill does not target artisanal miners with valid permits but focuses on criminal Zama Zama syndicates. Under the proposed changes, penalties for contravening the Diamonds Act will skyrocket from R250,000 to R100 million, with potential prison sentences increased from 10 to 30 years.
Minister Kubayi noted that illegal mining has become a catalyst for violent crime, including kidnapping, human trafficking, and murder. The activities have also caused severe infrastructure damage, leading to sinkholes and compromised water security in mining towns. The bill seeks to empower the South African Police Service (SAPS) to carry out specific compliance functions currently restricted under the Minerals and Petroleum Resources Development Act.
Simultaneously, the Regulation of Trusts Bill aims to overhaul the 38 year old Trust Property Control Act. The Minister stated that the current framework is outdated and allows trustees to evade accountability. The new legislation is designed to align South African law with Financial Action Task Force (FATF) recommendations to prevent trust structures from being used for money laundering.
The Legal Practice Amendment Bill 2026 proposes changes to the South African Legal Practice Council, including the power to assess the reasonableness of fees for non-litigious work. Furthermore, the Conspiracy, Instigation and Incitement to Commit Offence Bill 2026 will repeal the apartheid era Riotous Assemblies Act of 1956, which the department has identified as a symbol of past atrocities that hinders national reconciliation.
The public and relevant stakeholders have until 11 September 2026 to submit their comments on the proposed bills via the department’s website.
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